Agenda item

Decision: That planning permission be granted subject to the following conditions:

Conditions

1.         The development must be begun within three years of the date of this decision.

2.         The development hereby permitted shall be carried out in accordance      

           with the following approved plans:  Location Plan, received 08   

           August 2016; Master Plan Rev C, received 25 May 2017; Car Showroom Proposed Plans & Elevations Rev A, received 11 May 2017; Units Proposed Plans & Elevations Rev B, received 14 June 2017.

3.         The use of the site/building hereby approved shall not operate outside the hours of 0600 hours to 2200 hours Monday to Friday, 0600 hours to 1800 hours on Saturday’s and 0900 hours to 1700 hours on Sundays or Bank Holidays.

4.         Unless otherwise approved in writing by the Local Planning Authority, all works and ancillary operations in connection with the construction of the development, including the use of any equipment or deliveries to the site, shall be carried out only between 0730 hours and 1800 hours on Mondays to Fridays and between 0800 hours and 1700 hours on Saturdays and at no time on Sundays, Bank Holidays or Public Holidays

5.         The development shall not begin until:

a. A strategy for investigating the coal mining legacy on the site has been submitted to and approved in writing by the local planning authority;

b. An intrusive site investigation shall be undertaken in order to establish the exact situation regarding coal mining legacy issues on the site.  Any necessary remedial works identified by the site investigation must be undertaken prior to commencement of the development.

c. A written report, detailing the findings of the investigation, assessing the risk posed and proposing a remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority.

Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

6.         Foul and surface water shall be drained on separate systems.

7.         Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority.

The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

          The development shall be completed in accordance with the approved details.

8.         No works to trees or shrubs shall occur between the 1^st March and 31^st August in any year unless a detailed bird nest survey by a suitable experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present which has been agreed in writing by the LPA.

9.         The development shall be carried out in full accordance with the Landscape and Environment Management Plan prepared by Verity Webster, dated May 2017.

10.       Details of species and seed mixes for the hedgerow/grassland shall be submitted to approved in writing by the Local Planning Authority.  Suggested species are 70% Crataegus Monogyna and NVC MG5 seed mix to supplement the redistribution of top soil from the species rich area along the northern boundary.

11.       The development shall be carried out in accordance with the Construction Method Statement received 08 August 2016.

Reasons

1.         Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

3.         In order to protect the amenities of the residents of adjacent residential properties having regard to Policies GP1 and EW4 of the Burnley Local Plan Second Review.

4.         To protect the amenities of nearby residents, in accordance with Policy GP1 of the Burnley Local Plan Second Review.

5.         To ensure that risks from coal mining legacy to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with Policy GP7 of the Burnley Local Plan Second Review.

6.         To secure proper drainage and to manage the risk of flooding and

           pollution.

7.         To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.  This condition is imposed in light of policies within the NPPF.

8.         To avoid the bird nesting season having regard to Policy EW5 of the

Burnley Local Plan Second Review.

9.         To ensure a long term satisfactory Landscape and Environment plan of the site, in accordance with Policy GP6 of the Burnley Local Plan Second Review.

10.       In order that the landscaping work is completed to a suitable standard.

11.       In order to ensure the construction phase has no significant impact upon highway safety at this location.

Note

Whilst there is only a low risk of great crested newts being present, the applicant is reminded that under the Habitat Regulation it is an offence  to disturb, harm or kill great crested newts.  If a great crested newt is found during the development all work should cease immediately and a suitably licensed amphibian ecologist employed to assess how best to safeguard the newt(s).  Natural England should also be informed.