Agenda and minutes

Hollins Cross Farm, Woodplumpton Road, Burnley

Town and Country Planning Act 1990

Hollins Cross Farm, Woodplumpton Road, Burnley

Prior to the vote on the resolution to refuse the planning application the Committee was advised by the Head of Housing and Development Control that the committee would not have delegated authority to pass such a resolution as this would be a decision that, in his professional opinion, was substantially contrary to the Local Plan and Local Plan Policies.

The committee was further advised by the Senior Solicitor that, under the Council’s constitution, the Committee did not have delegated powers to pass a resolution to refuse as this would be a decision that was substantially contrary to the Local Plan.  The vote to refuse would be taken but, if carried, it would have no effect.  The decision would be referred to the Head of Legal and Democratic services to confirm in writing within 5 working days after the decision of the Committee, in consultation with the Chair, whether she agreed with the view of the officers.  If she agreed that the decision was substantially contrary to the local plan it would be referred to the Full Council for determination.

DECISION

The resolution to refuse planning permission was carried and the reasons provided were: the application did not meet the requirements of Burnley’s Local Plan 2018 policies CC4 Development and Flood Risk and CC5 Surface Water Management and Sustainable Drainage Systems (SuDS)  due to the flooding risk that this development would create for the local area.

In accordance with the legal advice provided and Part 3 of Burnley Borough Council’s Constitution at Section A.1.a.3 - Delegations to the Development Control Committee, the matter stands referred to the Head of Legal and Democratic Services, who (following consultation with the Chairman (or in his or her absence the Vice Chairman) of the Development Control Committee), will confirm in writing that she agrees with the view of the Head of Housing and Development Control no later than 5 working days after the day of the meeting, then the matter will be referred to Full Council for determination.

Town and Country Planning Act 1990

Proposed 34 bedroom Residential Care Home with associated landscaping and car park

Land at Wytham Street Padiham

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

1. The development to which this permission relates must be begun not later than the expiration of three years from the date of this permission.

Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

2. The development shall be carried out in accordance with the approved plans listed below:

      Application form

PL 011 Existing Site Plan

Site Location Plan

Proposed Site Plan PL 021 P8

Proposed Roof Plan PL103 P1

Proposed Site Sections PL 203 P2

Proposed landscaping Plan ATC 22 1228 103 RV 4

Proposed Lower Ground Floor Plan PL 102 P2

Proposed Ground Floor Plan PL 100 P6

Proposed First Floor Plan PL101 P6

Proposed Bin Store details PL 210

Proposed Elevations PL 202 P5

External Site Levels D C 155 (C01)

Additional External site Levels Layout D C 155 (C01)

Cycle store PL 211

Proposed Elevations 202 P4 – PREVIOUS REVSISION (P5) NOW CURRENT AS ABOVE

Proposed Site Sections 203 P1 PREVIOUS REVSISION (P2) NOW CURRENT AS ABOVE

Amended Drainage Layout DC 100 Co2

Proposed Drainage layout DC 100 C03

Proposed Drainage Layout DC 100 C05

External Layout Levels DC 155 C03

Foul and Surface Water Drainage Design 2120 100 Rev P3

21420 DCE XXXXDS231 P02

WBA SI 00 DR A PL 021 Rev P7

Flood Compensation Analysis Ref REP 02 (P1)

Planning Statement received 18th July 2022

Preliminary Ecological Appraisal received 13th July 2022

Tree Survey and Constraints Report received 13th July 2022

Energy Statement Rev 1.0

Design and Access Statement Rev C

Transport Statement TS01A

Arbicultural Impact Statement received 18th July 2022

Assessment of Biodiversity received 18th July 2022

Biodiversity Enhancement Measures received 18th July 2022

Drainage Calculations received 18th July 2022

Refuse and Recyling Statement received 4th August 2022

Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

Materials

3. Prior to their use in the development hereby approved, details of the materials to be used for the external walls, roofs and boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details and maintained as such for the duration of the development. 

Reason: In the interest of visual amenity and the securing a high quality development, in accordance with the provisions of Policy SP5 of the Burnley Local plan and the provisions of the National Planning Policy Framework.

Landscaping/levels

4. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include, but not be limited to, proposed levels or contours (internal and external  ...  view the full minutes text for item 124.

Town and Country Planning Act 1990

Change of Use of former Community Centre from (Class F2) to Charity Retail with Ancillary Advice Services (Class E)

Vincent Farrel Community Centre, Temple Street, Burnley, Lancashire BB11 3BD

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

1.       The development to which this permission relates must be begun not later than the expiration of three years from the date of this permission.

Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

 2.      The development shall be carried out in accordance with the following approved plans and Statement:

Drawing No. PL01 A – Site and floor plan, received 19.12.2022

Drawing No. PL02 – Existing/proposed front and rear elevations, received 19.12.2022

Drawing No. PL03 – Existing/proposed side elevations, received 19.12.2022

Location plan, received 19.12.2022

Block plan, received 19.12.2022

Planning Statement with Appendixes, received 03.01.2023

Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

3. The use of the building and associated land as ‘Charity Retail with Ancillary Advice Services (Class E)’ shall only be undertaken by Registered Charity No. 1142294, being Age UK Lancashire, Wellbeing Centre, Moorgate, Ormskirk L39 4RY.

Reason:  For the avoidance of doubt as this planning permission is personal to Age UK Lancashire (Charity No.1142294) only and does not enure with the land.

4.      Notwithstanding details shown on the submitted plans, the use shall not commence until 45° visibility splays have been provided between the highway boundary and points on either side of the drive measured 5m back from the nearside edge of the carriageway. Nothing shall be erected, retained, planted and/or allowed to grow at or above a height of 0.9 metres above the nearside carriageway level which would obstruct the visibility splays, and the visibility splays shall be retained and maintained free of obstruction at all times thereafter for the lifetime of the development. 

Reason: To permit vehicles to pull clear of the carriageway when entering the site and to assist visibility, in the interests of highway safety.

5.     Notwithstanding details submitted within the planning application, opening hours shall be 09.00 – 17.00 Monday to Sunday inclusive.

Reason: For the avoidance of doubt and to safeguard the amenity of nearby residents.