Agenda item

To consider the incorporation of the existing car park into foodstore car park, the creation of a pedestrian route and ancillary works.

 

The Committee received a presentation on the application for the change of use of a Council-owned private car park to form part of the Aldi car park.

 

Members were advised that concerns raised by Cycling UK regarding existing cycle storage were outside the application site and were therefore not relevant to the determination of the application. Any issues relating to the existing cycle storage would be considered separately by officers.

 

Members were shown the original, amended and final plans, along with site plans. The original application included a pedestrian and cycle route through the car park, which would have required cyclists to dismount. Following concerns from Hertfordshire County Council (HCC) Highways and members of the public, alternative arrangements were considered.

 

The final proposal retained the shared pedestrian and cycle route around the outside of the car park, separated from vehicles by fencing. The route would also be provided with a new surface.

 

The Committee was advised that the existing Council car park contained 37 spaces. It was noted that 25 of these spaces would be incorporated into the new Aldi car park, five would remain available for Council use and seven spaces would be lost. Therefore, the car park would increase from 95 to 120 spaces.

 

The Council's Leisure and Green Spaces team had raised no objection to the loss of the car parking spaces, and officers considered that the operational and economic benefits outweighed the limited harm arising from the loss of seven spaces.

 

In respect of design, visual impact and heritage, the site would remain predominantly hardstanding, with enhanced landscaping proposed, and the setting of the Old Town Conservation Area would be preserved.

 

The Committee was advised that there was no significant impact on residential amenity anticipated. Existing access from Fairlands Way, public transport links and the wider pedestrian and cycle network would remain.

 

The amended plans addressed the concerns raised regarding the pedestrian and cycle route, and HCC Highways had subsequently withdrawn its objection.

 

It was noted that no existing trees would be removed, and the proposal included 10 new trees and additional landscaping.

 

Questions were raised to officers about pedestrian access, and it was confirmed that pedestrians may continue to take the shortest route through the car park, however the proposed route would provide the safest alternative and would be separated from vehicles.

 

Members were advised that the five spaces retained by the Council would continue to be available for sports users.

 

In response to a question regarding parking provision, officers explained that the existing Aldi parking provision was within the acceptable level under the Council's parking standards.

 

Members queried the Regeneration Manager's comments regarding connectivity and the Towns Fund. Officers clarified that the comments related to the proposal no longer met the Towns Fund funding criteria, and therefore the comments were related to this, rather than a planning objection. 

 

A question was raised regarding biodiversity net gain and the use of native tree species. Officers confirmed that the biodiversity net gain condition would need to be fulfilled before development could commence.

 

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

 

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:

1426-CHE-120; 1426-CHE-121A; 1426-CHE-123; 1426-CHE-074-F; 14790L-ESL-XX-XX-D-L-1301_P02; 1426-CHE-077-B;

 

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

 

 3         No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Method shall include details of:

a)    Access arrangements to the site;

b)    Traffic management requirements

c)    Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

d)    Siting and details of wheel washing facilities;

e)    Cleaning of site entrances, site tracks and the adjacent public highway;

f)     Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times (if nearby schools);

g)    Provision of sufficient on-site parking prior to commencement of construction activities;

h)    Post construction restoration/reinstatement of the working areas and temporary access to the public highway; and

i)     where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements.

 

 

 4         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.

 

 5         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.

 

 

 6         Prior to the first occupation of the development hereby approved, details shall be submitted to and approved in writing by the local planning authority of the boundary treatments on the eastern side of the development that will ensure no motor vehicles can enter the adjacent King George V Playing Fields and that the existing bund remains in situ.

 

 7         The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Assessment produced by Ecology Solutions, Report Ref 11810.BNGReport.vf2.

 

 8         The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:

a)               a non-technical summary;

b)               the roles and responsibilities of the people or organisation(s) delivering the HMMP;

c)               the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

d)               the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

e)               the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority

            has been submitted to, and approved in writing by, the local planning authority. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.

 

 9         Notice in writing shall be given to the Council when the:

a)               HMMP has been implemented; and

b)               Habitat creation and enhancement works as set out in the HMMP have been completed.

 

 

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.

 

INFORMATIVES

 

 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

            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. 

           

            Based on the information available, this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

           

            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 (Phase Plans).

           

            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         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.

 

 7         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.

 

 8         Hertfordshire County Council

            Works within the Public Highway: The applicant is advised that all works associated with the proposal affecting the public highway shall be carried out to the satisfaction of the Highway Authority and will require the prior approval of Hertfordshire County Council. The applicant is encouraged to engage with the Highway Authority at an early stage.  The applicant is advised that any works required within the public highway associated with the pedestrian/cycle route will require a legal agreement with Hertfordshire County Council under Section 278 of the Highways Act 1980. The applicant should contact Hertfordshire County Council's Development Management Team at the earliest opportunity.