Agenda item

To consider an application for the installation of a Space Age Musical Pavilion.

The Committee considered an application for the installation of a space-age musical pavilion at King George V Playing Fields. Members were advised that the open-sided galvanised steel structure, approximately 3.8 metres in height, would provide seating and shelter whilst creating low-level ambient sounds from rainfall through a system of tuned drums.

 

Officers confirmed that the proposal would not result in the loss of open space and complied with Policy NH1. It would also preserve the character and appearance of the nearby conservation area, and would not adversely affect visual amenity or neighbouring residential properties. It was noted that the application did not require biodiversity net gain. It was also noted that the project was funded through the Government's Towns Fund and not by the Council.

 

During questions, Members sought clarification regarding the potential for antisocial behaviour and noise associated with the pavilion. Officers advised that the structure had been designed to be durable, and would benefit from natural surveillance due to its location near the proposed Play Zone, and that the sound produced would be low-level and unlikely to hear from nearby residential properties.

 

An update was also provided on the adjacent Play Zone, with officers confirming that the associated construction management plan had recently been approved and that delivery of the project was expected to commence in due course. Members welcomed the proposal before proceeding to determine the application.

 

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.

 

 

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

Block Plan; Y26-136-GA1 Rev A; Site Location Plan;

 

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

 

3          The external materials used in the development to which this permission relates shall be those detailed on the approved plans and in the accompanying planning submission documents unless otherwise agreed 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         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