Agenda and draft minutes

Development Control Committee - Thursday, 9th July, 2020 6.30 pm

Venue: Remote Meeting - livestream on Youtube

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Media

Items
No. Item

5.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Saeed Chaudhary.

6.

Minutes pdf icon PDF 267 KB

To approve as a correct record the Minutes of the previous meeting.

Minutes:

The Minutes of the last meeting held on 24th June 2020 were approved as a correct record.

7.

Declaration of Interest

To receive any declarations of interest from Members relating to any item on the agenda in accordance with the provision of the Code of Conduct and/or indicate if S106 of the Local Government Finance Act applies to them.

Minutes:

Councillor Mohammed Ishtiaq declared a prejudicial interest in application FUL/2020/0015 Elm Street Nursery School, New Hall Street, Burnley.  He left the meeting for this item and did not take part in the discussion or vote on the matter.

8.

List of Deposited Plans and Applications pdf icon PDF 124 KB

To consider reports on planning applications for development permission:

Minutes:

The following members of the public attend the meeting and addressed the Committee under the Right to Speak Policy:

 

Claire Bradley (against)

FUL/2020/0147 – Vicarage Avenue, Padiham

Brian Sumner (for)

FUL/2020/0147 – Vicarage Avenue, Padiham

Gavin Boby (for)

HOU/2019/0607 – 144 Oxford Road Burnley

 

 

 

RESOLVED              That the list of deposited plans be dealt with in these minutes.

9.

FUL/2020/0147 Land at Vicarage Avenue, Padiham pdf icon PDF 47 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

ERECTION OF 6 NO DETACHED BUNGALOWS WITH INTEGRAL GARAGES, ACCESS, LANDSCAPING AND ANCILLARY WORKS (resubmission of FUL/2019/0628)

 

Land At Vicarage Avenue  Padiham  

 

 

Before a decision was taken it was moved and seconded that the meeting move into private session and it was RESOLVED

 

That in accordance with Section 100(4) of the Local Government Act 1972 that the application be transferred into the confidential part of the agenda in order to receive information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

Decision

 

That planning permission be refused

 

Reason

 

The layout and design of the bungalows are totally incompatible with the character of the Victorian terraces and the two listed buildings adjacent to the site.

 

As this decision was contrary to officer recommendation a named vote was taken as follows:

 

 

 

 

 

 

 

 

Recorded Vote
TitleTypeRecorded Vote textResult
To refuse FUL/2020/0147 Land at Vicarage Avenue Padiham Resolution Carried
  • View Recorded Vote for this item
  • 10.

    FUL/2020/0015 Elm Street Nursery School, New Hall Street, Burnley pdf icon PDF 50 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Demolition of existing nursery building to make way for a purpose  built warehouse building housing 7 individual units for B1/B2/B8 with associated on-site parking provision for 17 cars

    Elm Street Nursery School New Hall Street Burnley Lancashire

     

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

     

    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 on this notice below.

               

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

     

    3.         All materials to be used in the approved scheme shall be as stated on the application form and amended drawings received 7/6/20 and shall not be varied without the prior written approval of the Local Planning authority

     

                Reason: To ensure that the development will be of a satisfactory appearance and to comply with policies SP5 and HS5 of Burnley's Local Plan 2018

     

     

                Coal Mining

     

    4.         No development shall commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features.  The findings of the intrusive site investigations shall be submitted to the Local Planning Authority for consideration and approval in writing.   The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.

     

                Reason: The undertaking of intrusive site investigation is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the NPPF.

     

     

    5.         Where the findings of the intrusive site investigations (required by condition 4 above) identify that coal mining legacy on the site poses a risk to surface stability, no development shall commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted to the Local Planning Authority for consideration and approval in writing.  Following approval, the remedial works shall be implemented on site in complete accordance with the approved details.

     

                Reason: The undertaking of intrusive site investigation is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the NPPF.

     

     

    6.         Following implementation and completion of the approved remediation scheme (required by condition 5 above) and prior to the  ...  view the full minutes text for item 10.

    11.

    HOU/2019/0607 144 Oxford Road, Burnley pdf icon PDF 58 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Retrospective dormer to side elevation

    144 Oxford Road, Burnley

     

    It was moved and seconded to approve the retrospective application and as this was against officer recommendation a named vote was taken which was REJECTED as detailed below:

     

     

    Decision: That the retrospective application be refused for the following reason:

     

    The proposed dormer is an unduly incongruous feature within the roofscape, which unbalances the overall appearance of the terrace of houses which it forms a part of, and the wider street scene. The proposal is therefore contrary to Local Plan Policies HE1 and HE2, the NPPF and the relevant statutory duty. The proposal would also conflict with Policy HS5 which requires proposals to be subordinate to and respect the architectural characteristics, scale and detailing of the host building and its setting.

     

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Approval of retrospective planning applcation HOU/2019/0607 144 Oxford Road Burnley Motion Rejected
  • View Recorded Vote for this item
  • 12.

    HOU/2020/0056 26 Prairie Crescent, Burnley pdf icon PDF 45 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Retrospective application to extend front porch and alterations to rear following Planning Approval Ref: APP/2019/0036.

    26 Prairie Crescent, Burnley

     

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

     

    1. The development hereby permitted shall be carried out in accordance with the

     following approved plans: Drawing nos.01B, 02A, 03 and 04 received 1st July 2020.

     

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

     

    1. Before the access is used for vehicular purposes, the parking area shall be appropriately paved in tarmacadam, concrete, block paviours, or other approved materials.

    Reason: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users and in accordance with policy IC3 of Burnley’s Local Plan 2018. 

    .

     

    13.

    HOU/2020/0007 2 Maybury Avenue, Burnley pdf icon PDF 52 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed first floor extension to side and loft conversion

    2 Maybury Avenue, Burnley

     

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

     

    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 on this notice below.

            

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

     

    3       The materials to be used in the new development shall be carried out in accordance with the drawing listed below.  There shall be no variation of these materials without the prior written consent of the Local Planning Authority.

            

             Reason: To ensure the satisfactory visual appearance of the new development.

     

    14.

    HOU/2020/0195 86 Westbourne Avenue South, Burnley pdf icon PDF 42 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed demolition of existing garage/utility room, erection of a new extension to form a store, shower room/utility room to the side of the existing dwelling and erection of conservatory to the rear of the property

    86 Westbourne Avenue South, Burnley, Lancashire BB11 4QZ

     

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

     

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

     

            Reason: 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.      The development hereby permitted shall be carried out in accordance with the following approved plans: Existing and Proposed Plans, Location and Site Plan received 14th May, 2020. 

     

    Reason: To ensure the development is implemented in accordance with

    the approved plans and to avoid ambiguity

     

    3.     The window in the side extension for the shower room shall be glazed in obscure glazing at a minimum Level 4 obscurity rating.  Any replacement windows thereafter shall also be glazed with obscure glazing with a minimum Level 4 obscurity rating.

     

          Reason: To protect the privacy of the occupiers of the neighbouring    

          dwelling, in acordance with Policy HS5 of Burnley’s Local Plan (July   

          2018).

     

     

     

    15.

    VAR/2020/0071 32 Ighten Road, Burnley pdf icon PDF 47 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Variation of Condition 2 (approved plans-window openings and height); Condition 3 (glazing) and Condition 4 (landscaping) of planning application ref: APP/2018/0126 and NMA/2019/0201

    32 Ighten Road, Burnley, Lancashire BB12 0HP

     

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

     

    1.    The development shall be carried out in accordance with the application drawings, namely: AHA/118/16/BH 01A (Location and Site Plan); AHA/118/16/BH 02A (Landscape Plan), AHA/118/16/BH 02B (Site Plan), AHA/118/16/BH 03A (Proposed Ground Floor), AHA/118/16/BH 04 (Proposed First Floor), AHA/118/16/BH 06A (Proposed Elevations) and AHA/118/16/BH 09A (Site Section) received 23rd April, 2020

     

                Reason:To ensure that the development remains in accordance with the           development plan.

     

    2.    The 1.8m high fencing indicated on the landscape drawing AHA/118/16/BH 02A shall be retained at all times. Any replacement fencing thereafter shall be at a minimum of 1.8m in height and no more than 2m in height unless a further planning permission has been sought and granted.

     

    Reason:  To protect the privacy of the occupiers of the neighbouring properties, namely 32 and 34 Ighten Road, Burnley in accordance with Policy HS5 of the Burnley Local Plan 2018.

     

    16.

    Decisions taken under the Scheme of Delegation pdf icon PDF 78 KB

    To receive for information a list of delegated decisions taken since the last meeting.

    Additional documents:

    Minutes:

    Members received for information a list of decision taken under delegation for the period 5th May to 1st July 2020.

    17.

    Appeals and other decisions pdf icon PDF 78 KB

    Additional documents:

    Minutes:

    Members received for information a list of the outcome of recent appeals as follows;

     

    APP Ref

    Location

    P I Decision

     

    Erection of building to provide two holiday cottages, access, parking and ancillary works

     

    APP/2018/0577

    Lane House Farm, Burnley Road, Cliviger, Burnley BB10 4SU

    Dismissed

    APP/2018/0599

    Erection of 5 no. light industrial units (Class B1(c)

    Land to the rear of 74-104 Gannow Lane, Burnley, Lancashire BB12 6QD

    Dismissed

    HOU/2019/0430

    Retrospective application for conservatory porch to rear of dwelling

    3 Landsdowne Close Burnley Lancashire BB11 2JP

    Dismissed

    APP/2019/0019

    Two Storey extension to the side of the bungalow

    24 Pennine Grove, Padiham, Lancashire BB12 9AB

    Allowed

    FUL/2019/0191

    Detached house with new access from Pennine Grove

    14 Higham Road, Padiham BB12 9AP

     

    Dismissed

     

     

     

     

    18.

    Late correspondence pdf icon PDF 479 KB