Agenda and minutes

To receive any apologies for absence.

No apologies had been received.

To approve as a correct record the Minutes of the previous remote meeting held on Thursday, 25^th February 2021..

The Minutes of the previous remote meeting held on Thursday, 25^th February 2021 were approved as a correct.

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

There were no additional items of business.

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.

There were no additional items of business.

To determine during which items, if any, the public are to be excluded from the meeting.

There were no items requiring the public to be excluded from the meeting.

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:

Town and Country Planning Act 1990 - Full Planning Application. Change of use from shop to hot food takeaway (Sui-Generis). Re-submission of COU/2020/0081 327 Manchester Road, Burnley, Lancashire, BB11 4HD

APPLICANT: Mrs Yasemin Yildiz

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

1. The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission.

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 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 extraction equipment as proposed shown on ‘Proposed change of use of No. 327 Manchester Road Burnley – Existing and Proposed Plans – REV A’ shall be installed prior to commencement of the hereby approved use, maintained to minimise noise and odour emissions and retained for the duration of the approved use.

REASON: To prevent loss of amenity to nearby residential premises arising from cooking odours and / or extraction system noise in accordance with Policy SP5 of the Local Plan.

4 No process shall be carried on nor machinery installed which could not be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

REASON: To safeguard the amenities of the nearby residential area, in accordance with policy SP5 Burnley’s Local Plan 2018

5. The use hereby approved, including the operation of external plant and machinery, shall not operate outside the hours of 0700 and 2300.

REASON: To protect the amenities of nearby residents, in accordance with policies NE5 and SP5 of the Burnley’s adopted Local Plan 2018

6. The use hereby approved shall not start until a detailed scheme for the collection and dispersal of cooking odours has been submitted to and approved in writing by the local planning authority. Such scheme as may be approved shall be implemented before the use starts and thereafter maintained in good working order at all times.

REASON: To protect the surrounding environment, including occupiers of nearby premises, from nuisance from cooking odours, in accordance with Policy TC7 of the Burnley’s adopted Local Plan 2018

7. Before the external ventilation flue is used on the premises, it shall be enclosed with sound insulating material and/or mounted in a way that will minimise transmission of noise (including vibration) in accordance with a scheme to be approved in writing by the Local Planning Authority, and be thereafter maintained.

REASON: To protect the character and amenities of neighbouring areas by ensuring that measures are implemented to avoid any noise nuisance, in accordance with Policy TC7 of the Burnley’s adopted Local Plan2018

8. The approved use shall be  ...  view the full minutes text for item 116.

Town and Country Planning Act 1990 -  Change of use from residential care home (Class C2) to 50 no. self-contained studio apartments with supporting living facilities (sui generis) and external alterations -  Lower Ridge (Former Care Home for Elderly), Belvedere Road, Burnley, BB10 4BQ

APPLICANT: Mr Majid Hussain

Councillor Graham moved a motion to refuse the application.  Councillor Anwar seconded a motion to refuse the application.  Following the debate, this motion was withdrawn by both Members.

Following the above, a motion to defer the application was moved by Councillor Graham and seconded by Councillor Anwar.

Decision: That the application be deferred.

REASON: For further information to be retrieved for the Committee from the applicant (M H Associates) with regard to the running of the proposed establishment.

At this point, with the consent of the Committee, the Chair adjourned the meeting for a short break for a period of 5 minutes.

At this point, the meeting was reconvened.

Town and Country Planning Act 1990 - Full Planning Application Applicant Proposed Development: Erection of mixed use development comprising cinema, 5no. food and beverage units (Class E(a)) / retail units (Class E b)), with associated service area on Bankhouse Street serving units 1-6, two separate customer car parks with access from Royle Road, customer car park with access from Curzon Street together with associated public realm and landscaping  -  Land At Curzon Street and Pioneer Place Car Park, Curzon Street, Burnley

APPLICANT: Mr N Putnam

AGENT: Mrs Deborah Smith, Smith & Love Planning Consultants

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

1. The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission.

Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004

2. The development hereby permitted shall be carried out in accordance with submitted technical reports, supporting information and the following 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. Prior to the construction of the building above slab level hereby approved, samples of all external materials, and their colour, to be used in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

Reason: To ensure a satisfactory appearance to the development, having regard to the character of the local area, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

4. Any external source of lighting shall be effectively screened from the view of a driver on the adjoining public highway.

Reason: To avoid glare, dazzle or distraction to passing motorists

5. No building or use hereby permitted shall be occupied or use commenced until a delivery and servicing plan has been prepared, submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be implemented in accordance with the approved delivery and servicing plan for the lifetime of the development. The delivery and servicing plan shall include: • The contact details of a suitably qualified co-ordinator; • How vehicle arrivals, departures, parking, stopping and waiting will be controlled to minimise any impact on the adopted highway; • Details of any freight consolidation operation, centre and the delivery and servicing booking and management systems.

Reason: In the interests of highway safety and to minimise the impact of vehicles servicing the development upon congestion.

6. No building or use hereby permitted shall be occupied or use commenced until a Travel Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use has been prepared, submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets to the satisfaction  ...  view the full minutes text for item 118.

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

The Committee received for information, a list of decisions taken under delegation for the period 18^th February 2021 to 15^th March 2021.

To receive information on Appeals.

The Committee received, for information, a list of planning appeal decisions made by the Planning Inspectorate against Burnley Borough Council.