Agenda item

To consider the change of use of 6no. dwellinghouses (Use Class C3) to 6no. five-bedroom Houses of Multiple Occupation for up to six-persons each Use Class C4).

 

The Committee considered an application for 33 Julian’s Road which sought permission to change the use of six previously approved dwelling houses into six five-bedroom Houses in Multiple Occupation (HMOs).

 

Members were advised that planning permission had already been granted for two buildings containing three dwellings each, and that the current proposal related solely to a change of use rather than any significant alterations to the external appearance of the buildings.

 

The Senior Planning Officer presented photographs of the site and explained the proposed internal layout changes. It was noted that the substantial difference between the approved residential scheme and the proposed HMO arrangement was at ground floor level. The previously approved kitchen and dining areas at the front of the properties would become en-suite bedrooms, whilst communal kitchen and living spaces would be located to the rear. The upper floor layouts remained unchanged from the approved scheme.

 

The Chair invited Mr Ian Kilmurray, a local resident on behalf of the Orchard Road Community Group to address the Committee.

 

The objector stated that the application should be assessed on whether the site could accommodate six adjacent HMOs, providing 30 letting rooms for up to 36 residents. Concerns were raised regarding parking provision, including reliance on land outside the applicant’s ownership, as well as waste collection arrangements, emergency vehicle access, additional works to the property and the lack of further consultation with Hertfordshire Highways following plan amendments. Reference was also made to previous Fire and Rescue Service comments regarding site access difficulties and to concerns that the rear properties had already been fitted out as HMOs.

 

The Chair thanked Mr Kilmurray for his contributions and invited the Senior Planning Officer to respond.

 

In response, the Planning Officer confirmed that the photographs shown to the Committee had been taken in June. Whilst additional work may have been undertaken since that visit, the images accurately reflected the condition of the development at that time.

 

Before proceeding to Member questions, the Council’s legal representative raised a procedural matter relating to Councillor Jody Hannafin. It was noted that Councillor Hanafin had submitted an objection to the application on behalf of the Stevenage Old Town Business Community Partnership. Following advice, Councillor Hannafin agreed not to participate in the discussion or vote on the application.

 

In relation to fire safety concerns, Members were advised that the Fire Service was not a statutory planning consultee and that emergency access matters were primarily considered through Building Control and Hertfordshire County Council Highways. Highways officers had confirmed that emergency vehicle access was acceptable under guidance, and the development would also be subject to conditions requiring sprinkler systems within all units.

 

Officers acknowledged that there was an issue relating to one parking space affected by land ownership arrangements. However, it was considered that sufficient room existed for alternative provision and that any dispute regarding land ownership was a private matter between landowners. Officers stated that the Committee needed to consider whether the shortfall of one parking space would cause severe harm to the highway network.

 

Officers advised Members regarding the recent High Court ruling concerning highway impacts and planning decisions. Members were informed that refusal on highway grounds would only be justified where there was unacceptable highway safety harm or where residual cumulative impacts would be severe.

 

Further questions were asked regarding waste collection arrangements. Officers explained that any private waste collection service would be organised by the landlord rather than individual tenants.

 

Concerns were also raised regarding the quality and management of HMOs. Officers explained that the development would require HMO licensing under separate legislation and would be regulated by the Council’s Environmental Health team.

 

Members asked whether there was a defined housing mix requirement for the area. Officers advised that no specific housing mix policy applied to this location. Questions were also raised about whether six HMOs in one location represented an unacceptable concentration. Officers advised that the Local Plan did not include any specific numerical restriction on concentrations of HMOs.

 

Following the questions, a motion to proceed to the debate and vote was proposed and seconded.

 

During debate, Members acknowledged concerns expressed by residents regarding the concentration of HMOs and the limitations of the site. Several Members commented that they had struggled to identify any robust planning grounds upon which a refusal could be successfully defended. Concerns regarding parking, housing mix and the principle of converting attractive and well-designed family housing into HMOs were noted.

 

It was also noted that HMOs could provide an important source of accommodation for younger residents and single professionals who might otherwise struggle to access housing independently.

 

Members acknowledged the significant level of public objection received and recognised the frustrations felt by local residents. However, it was also noted that planning applications had to be determined in accordance with planning law.

 

A vote was taken and it was RESOLVED that planning permission be GRANTED subject to the conditions set out below and delegated authority be given to the Director of Planning and Regulation in consultation with the Chair of the Planning and Development Committee, to amend or add to the conditions subject to which the permission would be granted, where such amendments or additions would satisfy  the relevant national policy tests and would most effectively deliver the development which the Committee has resolved to approve.

 

SUBJECT TO THE FOLLOWING CONDITIONS/REASONS

 

1          The development hereby permitted shall be carried out in accordance with the following approved plans:

            21123-P001-B; 21123-P003-1ST; 21123-P002-D;

 

 2         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

 3         No demolition or construction work relating to this permission that are audible at the site boundary shall be carried out on any Sunday, Public or Bank Holiday nor at any other time, except between the hours of 07:30 18:00 on Mondays to Fridays and between the hours of 08:30 and 13:00 on Saturdays.

 

 4         The development hereby approved shall be constructed in accordance with the measures to address adaptation to climate change as laid out on approved plan 21123-P002-D.

 

 5         Prior to the first occupation of the dwellings herby permitted the access, turning and parking provision, as shown on the approved plans, shall be constructed, hardsurfaced and made ready for use. The parking areas shall be constructed in a porous material or provision shall be made for a sustainable urban drainage system (SuDS) to be built into the hardsurfaced areas. Once provided the parking facilities shall be retained in that form and thereafter be used for the parking of vehicles only.

 

 6         Prior to the first occupation of the HMOs hereby permitted, details of the cycle storage spaces shall be submitted to, and approved in writing by, the Local Planning Authority to ensure that each HMO can provide six storage spaces. The cycle storage shall be in accordance with the requirements of the Parking Provision Supplementary Planning Document (2025) and shall be retained and maintained accordingly for the lifetime of the development.

 

 7         Prior to the first occupation of the dwelling hereby permitted, details of the waste and recycling storage shall be submitted to, and approved in writing by, the Local Planning Authority. The storage thereafter shall be retained and maintained accordingly for the lifetime of the development.

 

 8         Prior to the occupation of the dwellinghouses hereby permitted, the parking spaces shown on the approved plans, shall be provided with the underlying infrastructure for connection to the electricity network to enable them to be served by an electric vehicle charging point.

 

 9         Prior to first occupation of the development hereby permitted, all dwellings which exceed a 45m distance from the access point on the public highway where a fire appliance will stop must be fitted with a sprinkler system.

 

10        Prior to the first occupation of the development hereby permitted, a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of how and when the waste and recycling shall be collected and a swept path analysis to show that collection vehicles can enter and exit the site in forward gear. The approved Waste Management Plan shall thereafter be adhered to for the lifetime of the development.

 

The Council has acted Pro-Actively for the following reason:-

 

1          Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

INFORMATIVE

 

 1         Public Information on Planning Applications

            Warning: all information provided on your planning application is now publicly available. Individuals and organisations offering their services may contact you. The Council does not endorse or approve any builders, surveyors, trades persons or other supplier, and advises householders to obtain quotes/references, and check the legitimacy of any contractor who contacts them before making payment.

 

 2         Community Infrastructure Levy

            Stevenage Borough Council adopted its revised Community Infrastructure Levy (SCIL2) Charging Schedule at Full Council on 10 June 2026 and started implementing SCIL2 on 22 July 2026.

           

            This application may be liable for CIL payments and you are advised to contact the CIL Team for clarification with regard to this. If your development is CIL liable, even if you are granted an exemption from the levy, please be advised that it is a requirement under Regulation 67 of The Community Infrastructure Levy Regulations 2010 (as amended) that CIL Form 6 (Commencement Notice) must be completed, returned and acknowledged by Stevenage Borough Council before building works start. Failure to do so will mean you risk losing the right to payment by instalments and a surcharge may be imposed. NB, please note that a Commencement Notice is not required for residential extensions if relief has been granted.

           

            Stevenage's adopted SCIL2 Charging Schedule and further details of CIL can be found on the Council's webpages at www.stevenage.gov.uk/CIL or by contacting the Council's CIL Team at CIL@Stevenage.gov.uk.

 

 3         Building Regulations

To obtain advice regarding current Building Regulations please contact Hertfordshire Building Control Ltd. by emailing us at building.control@hertfordshirebc.co.uk or phoning us on 01438 879990.

           

To make a building regulations application please apply through our website portal at https://www.hertfordshirebc.co.uk/contact-us/ payment can be made online or by phoning the above number after the application has been uploaded.  Please phone Hertfordshire Building Control for fees guidance on 01438 879990.

           

Hertfordshire Building Control can also be contacted by post at Hertfordshire Building Control Ltd, Campus East, Welwyn Garden City, Hertfordshire, AL8 6AE.

           

Once a building regulations application has been deposited with relevant drawings and fee building work may commence.  You will be advised in their acknowledgement letter of the work stages we need to inspect but in most instances these are usually:

           

                    Excavation for foundations

                    Damp proof course

                    Concrete oversite

                    Insulation

                    Drains (when laid or tested)

                    Floor and Roof construction

                    Work relating to fire safety

                    Work affecting access and facilities for disabled people

                    Completion

           

Please phone Hertfordshire Building Control on 01438 879990 before 10.00am to ensure a same day inspection (Mon - Fri).

 

 4         Party Wall etc. Act 1996

Any work that affects a party wall, including foundations dug within 3.0m of a neighbouring building, may be controllable under the Act and may require approval from the adjoining owner(s).  Party Wall Act matters are always civil matters and it is neither Stevenage Borough Council's nor Hertfordshire Building Control Ltd's remit to control or enforce Party Wall act matters.  Please refer to the Government's explanatory booklet The Party Wall etc. Act 1996, a copy of which is available online at

            https://www.gov.uk/government/publications/the-party-wall-etc-act-1996-revised-explanatory-booklet 

 

 5         Biodiversity Net Gain

Applications where Biodiversity Net Gain is not required as development is considered De Minimis

           

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:

            a)         a Biodiversity Gain Plan has been submitted to the planning authority, and

            b)         the planning authority has approved the plan.

           

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Stevenage Borough Council. 

           

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not apply.

           

Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption or transitional arrangement is considered to apply.

           

            1.         Development below the de minimis threshold, meaning development which:

            a)         does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

            b)         impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

           

Where the local planning authority considers that the permission falls within paragraph 19 of Schedule 7A to the Town and Country Planning Act 1990, the permission which has been granted has the effect of requiring or permitting the development to proceed in phases. The modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply.

           

Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun, and, if subject to phased development, before each phase of development may be begun.

           

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.  The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat. The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

           

            More information can be found in the Planning Practice Guidance online at  https://www.gov.uk/guidance/biodiversity-net-gain

 

 6         Environmental Health HMO Requirements

Where a property will be occupied as a House in Multiple Occupation by five or more persons, an application to the Council for a HMO Licence must be made in accordance with Section 63 of the Housing Act 2004.  Further information on the Council's fire precautions and amenity standards for HMOs, and how to apply for a HMO licence, can be accessed via the Council's website at:

            www.stevenage.gov.uk/housing/private-sector-housing/house-in-multiple-occupation.

           

It is recommended that the Council's Environmental Health team are contacted to arrange an inspection of the property either prior to, or at an early stage of, conversion works, to confirm what works would be required to ensure that the property is compliant with the Council's HMO standards.

 

 7         Hertfordshire County Council as Highways Authority

Parking and Storage of materials: The applicant is advised that all areas for parking, storage, and delivery of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway.  If this is not possible, authorisation should be sought from the Highway Authority before construction works commence.  Further information is available via the website: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

 8         Hertfordshire County Council as Highways Authority

Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence.  Further information is available via the website:

            http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

 9         Hertfordshire County Council as Highways Authority

Debris and deposits on the highway: It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user. Section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available by telephoning 0300 1234047.

 

10        Hertfordshire County Council as Highways Authority

Roads to remain private: The applicant is advised that all new roads associated with this development will remain unadopted and the developer should put in place a permanent arrangement for long term maintenance. At the entrance of the new estate the road name plate should indicate that it is a private road to inform purchasers of their future maintenance liabilities. Further information is available via the website www.hertfordshire.gov.uk./services/transtreets/highways/or by telephoning 0300 1234047.