Agenda item

To consider the change of use of part of ground floor retail unit (46 Queensway), second floor office units (40-56 Queensway) from Use Class (E) to residential Use Class (C3) to provide 26 flats. Extension of two additional storeys and creation of new bin store and rear access with associated external alterations.

The Committee received a presentation on the application seeking planning permission for the change of use of part of ground floor retail unit (46 Queensway) and upper floor office accommodation at 40–56 Queensway to provide 26 flats, extension of two additional storeys and creation of new bin store and rear access with associated external alterations.

 

Members were advised that the proposal would deliver 23 one-bedroom and three two-bedroom flats on a sustainable brownfield site within the town centre, contributing towards the Borough's housing supply. The retained retail frontage would remain active, with alterations limited to the provision of residential access, cycle storage and servicing.

 

Officers advised that the existing office accommodation was outdated and unlikely to remain viable for employment use. Although no affordable housing was proposed, Members were informed that an independently assessed viability appraisal demonstrated the scheme could not currently support such provision, with a late-stage review mechanism to be secured through a Section 106 Agreement should viability improve.

 

The proposed development would include comprehensive refurbishment of the existing building, replacement windows, communal amenity space and two additional storeys. Officers acknowledged that the Council's Heritage Advisor had identified less than substantial harm to the Town Centre Conservation Area and nearby heritage assets, but advised that this harm should be weighed against the significant public benefits of housing delivery, regeneration and investment in the town centre.

 

It was also reported that the development would provide an acceptable standard of accommodation, comply with accessibility standards, operate as a car-free development in a highly sustainable location, and include measures to address noise, climate resilience and biodiversity.

 

During questions, Members sought clarification regarding the shortfall in cycle parking provision and were advised that site constraints prevented additional spaces without reducing active retail floorspace, with the deficiency to be mitigated through a financial contribution towards the cycle hire scheme operating in Stevenage.

 

Questions were also raised regarding the replacement of original Crittall windows, and the potential precedent for similar alterations elsewhere. Officers explained that each future application would be considered on its own merits and that the refurbishment represented an appropriate balance between preserving heritage and securing long-term investment in a deteriorating building within the Town Centre Conservation Area, which remained on Historic England's Heritage at Risk Register.

 

Members also discussed the wider regeneration benefits, the potential for neighbouring property owners to undertake similar improvements, the provision of swift bricks secured by condition, and the consistency of the design approach with other approved redevelopment schemes in Queensway. Following the questions, a motion to proceed to the debate and vote was proposed and seconded.

 

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 and also subject to the applicant having first entered into a S106 legal agreement to secure the following:-

 

• A clawback mechanism to secure financial contributions in lieu of affordable housing; • A contribution towards primary and secondary education with a clawback mechanism;

• A Contribution towards the Council’s Cycle Hire scheme;

• Apprenticeships and construction jobs;

• Monitoring fees.

 

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

1294.11.02.001; 1294.11.02.002; 1294.11.01.030; 1291.11.02.010; 1291.11.02.011;

1291.11.02.012; 1291.11.02.013; 1291.11.02.100; 1291.11.02.101; 1291.11.02.102;

1291.11.02.103; 1291.11.02.103; 1291.11.02.104; 1291.11.02.105; 1291.11.02.200;

1291.11.02.201; 1291.11.02.202; 1294.11.02.020; 1294.11.02.021; 1294.11.02.022;

 

2 The development to which this permission relates shall be begun before the expiration of three years from the date of this permission.

 

3 No demolition, construction or maintenance activities audible at the boundary, and no deliveries of construction and demolition materials shall be undertaken outside the hours 07:30 hours to 18:00 hours Monday to Friday and 08:00 hours to 13:00 hours on Saturdays. For the avoidance of doubt, no such activity shall take place on Sundays or Bank Holidays, unless otherwise agreed in writing with the Local Planning Authority.

 

4 Any external lighting installed at the site shall be angled so as to avoid any spillage beyond the site boundaries unless otherwise agreed in writing by the Local Planning Authority.

 

5 In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken and where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted to and approved in writing by the local planning authority.

 

6 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of the development whichever is the sooner. In regards to hard surfacing, this shall be carried out in accordance with any approved details within three months of the first occupation of the building or the completion of the development, whichever is the sooner.

 

7 Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

8 At least 50% of the residential units shall be Category 2: Accessible and Adaptable dwellings.

 

9 The development to which this permission relates shall be carried out in accordance with Energy and Sustainability Statement, Reference MB/VL/P25-3606/01, prepared by Create Consulting Engineers Ltd and dated October 2025 unless otherwise agreed in writing by the local planning authority.

 

10 No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority, in consultation with the Highway Authority. This should be based on the Hertfordshire’s Construction Management Template available from https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/businessand-developer-information/development-management/highways-developmentmanagement.aspx#managementplans. The development shall be carried out in accordance with the approved Construction Management Plan.

 

11 No development shall take place above slab level until a schedule and samples of the materials to be used in the construction of the external surfaces and hard landscaping of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and permanently retained as such thereafter.

 

12 No development shall take place above slab level until details of swift bricks to be provided within the development have been submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details.

 

13 Prior to the first occupation of the dwellings hereby permitted, the cycle storage facilities as shown on approved plan 1291.11.02.100 shall be installed and be ready for use. The approved facilities shall be maintained and retained for the lifetime of the development.

 

14 Prior to the first occupation of the dwellings hereby permitted the general waste and recycle stores as shown on approved plan 1291.11.02.100 shall be installed and made ready for use and retained and maintained accordingly for the lifetime of the development.

 

15 Prior to the first occupation of the development to which this decision relates, a scheme of mechanical ventilation shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be installed in full prior to first occupation and thereafter be permanently retained as such unless otherwise agreed in writing by the local planning authority.

 

16 Prior to the first occupation of the development hereby approved, a detailed landscaping strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include the proposed planting palette, specifications, and ongoing maintenance arrangements/strategy for the site.

 

17 Prior to the first occupation of the development, a Flood Emergency Plan shall be submitted to and approved in writing by the Local Planning Authority.

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

 

1 Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. 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 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).

 

3 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-revisedexplanatory-booklet

 

4 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

 

5 Thames Water

 

A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section.

 

6 Thames Water

 

Public sewers are crossing, or close to, your development. Build over agreements are required for any building works within 3 metres of a public sewer or within 1 metre of a public lateral drain. Please refer to Thames Water's guide on working near or diverting pipes: https://www.thameswater.co.uk/developers/larger-scale developments/planningyour-development/working-near-our-pipes. Please ensure to apply to determine if a build over agreement will be granted. Further, permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section.

Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk, Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB.

 

7 UK Power Networks

 

Please note there are HV/LV underground cables on the site running within close proximity to the proposed development. Prior to commencement of work accurate records should be obtained from our Plan Provision Department at UK Power Networks, Fore Hamlet, Ipswich, IP3 8AA.

 

8 Herts Police Crime Prevention Design Advisor

 

Prior to construction the developer is advised to contact the Hertfordshire Constabulary CPDS with a view to seeking to achieve accreditation to the Police preferred minimum security standard that is Secured by Design. The reason for this is to ensure that the development is compliant with both National and Local Planning Policies, in addition, this will also demonstrate the discharge of obligations under Approved Document 'Q' -Security of Building Regulations".

 

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

 

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.

 

11 Hertfordshire County Council as Highways Authority

 

Construction Management Plan (CMP): The purpose of the CMP is to help developers minimise construction impacts and relates to all construction activity both on and off site that impacts on the wider environment. It is intended to be a live document whereby different stages will be completed and submitted for application as the development progresses. A completed and signed CMP must address the way in which any impacts associated with the proposed works, and any cumulative impacts of other nearby construction sites will be mitigated and managed. The level of detail required in a CMP will depend on the scale and nature of development. The CMP would need to include elements of the Construction Logistics and Community Safety (CLOCS) standards as set out in our Construction Management template, a copy of which is available on the County Council's website at: https://www.hertfordshire.gov.uk/services/highways-roadsand-pavements/business-and-developer-information/developmentmanagement/highways-development-management.aspx

 

12 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/businessand-developer-information/development-management/highways-developmentmanagement.aspx or by telephoning 0300 1234047.

 

13 Environmental Health

 

During the demolition and construction phase of the development, the guidance in BS5228-1:2009 (Code of Practice for Noise Control on Construction and Open Sites) should be adhered to.

 

14 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.

 

15 SBC Engineering Department

 

In any areas where works are proposed that affect the public streets on Danestrete, Westgate, The Forum or Queensway, separate consent will need to be sought from the Council's Engineering Service prior to the commencement of development. They canbe contacted on engineers@stevenage.gov.uk.