Agenda item

To consider a two storey front and side extensions; part single, part two storey rear extension; alterations to front elevation; and new vehicular crossover.

 

The Committee were presented with both applications for items four and five together, but it was noted they would vote on each item separately.

 

The Senior Planning Officer presented the applications relating to 134 and 136 Shephall View. The application relating to 134 Shephall View sought front, side and rear extensions to adapt the property to provide accessible accommodation for a disabled family. It was noted that the application had to come to Committee due to the Council being the applicant.

 

The proposed works included a two-storey side extension, a two-storey rear extension and alterations to provide a fully wheelchair-accessible ground floor, including a bedroom, wet room and level access. Three parking spaces would be provided, including a disabled parking space.

 

The proposed works would require the demolition of the existing garage serving 134 Shephall View, which formed part of a shared garage structure with 136 Shephall View. As a result, the application for 136 Shephall View sought the demolition and replacement of its existing garage with a new detached garage, ensuring that the neighbouring property retained its parking provision.

 

Members were advised that the proposals complied with the relevant Local Plan policies and would not result in unacceptable impacts on the neighbouring property in terms of outlook, privacy, daylight or sunlight.

 

Questions were raised regarding the consideration for the property to be exempt from the Right to Buy scheme to protect it as an accessible housing asset for future disabled households. Officers explained that this was outside the remit of the Planning Committee, and would be a matter for housing and legal services. It was agreed that the matter could be discussed outside the meeting to consider whether any further action could be taken.

 

Questions were also raised about the change in the Council's design guidance, specifically the extension being stepped forward, and whether this approach would ordinarily be permitted. Officers explained that each application was considered on its individual merits. In this case, the additional footprint was considered necessary to provide the space required for a wheelchair-accessible dwelling to meet Building Regulation requirements.

 

It was also noted that the Public Sector Equality Duty had been taken into account in the assessment, including the benefits to a person with protected characteristics.

 

Members asked whether the property was intended to be used as a House in Multiple Occupation (HMO). Officers confirmed that the application related to a single-family dwelling for a disabled occupant. It was noted that if the property was used as an HMO, a separate planning application for a change of use from C3 to C4 would be required.

 

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

 

During debate, Members spoke in support of the application, noting that the proposed works would bring the building up to modern Building Regulations standards.

 

Members considered that the improved construction and overall appearance would be a significant enhancement to the street. The provision of appropriate parking was also welcomed, particularly given the wider parking pressures in the area.

 

Members raised that following the completion of the works, the property could potentially be sold and subsequently converted to an HMO. Members indicated that the matter would be raised further outside the Planning Committee.

 

Members expressed support for the application, noting the difficulty in providing suitable supported accommodation and the importance of the Council providing accessible housing where possible.

 

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:

            21151-P006-D; 2151-P007-A; 21151-P003-E; 21151-P005-E;

 

 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.

 

 4         The proposed hardstanding shall be made of a porous material, or provision shall be made to direct surface water run-off water from the hardstanding to a permeable or porous area or surface within the curtilage of the dwellinghouse.

 

 5         Prior to the occupation of the proposed development, the parking spaces and access as shown on the approved plans shall be constructed, hardsurfaced and made ready for use.  The arrangements shall then be maintained for the lifetime of the development 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 application is for householder permission.

           

            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 which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

           

            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         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

            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.

 

 8         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.

 

 9         Hertfordshire County Council as Highways Authority

            Avoidance of surface water discharge onto the highway: The applicant is advised that the Highway Authority has powers under section 163 of the Highways Act 1980, to take appropriate steps where deemed necessary (serving notice to the occupier of premises adjoining a highway) to prevent water from the roof or other part of the premises falling upon persons using the highway, or to prevent so far as is reasonably practicable, surface water from the premises flowing on to, or over the footway of the highway.

 

10        Hertfordshire County Council as Highways Authority

            New or amended vehicle crossover access (section 184): Where works are required within the public highway to facilitate a new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission, requirements and for the work to be carried out on the applicant's behalf. Further information is available via the County Council website at:

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.