Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillor Saeed Chaudhary.

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

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

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.

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.

To consider reports on planning applications for development permission:

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

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

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.

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 1^st July 2020.

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

2. 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. 

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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.

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 14^th 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).

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 23^rd 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.

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

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

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