Agenda and draft minutes

Development Control Committee - Thursday, 8th October, 2020 6.30 pm

Venue: Remote Meeting - livestream on Youtube

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Media

Items
No. Item

43.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Anne Kelly.

44.

Minutes (to follow)

To approve as a correct record the Minutes of the previous meeting.  At the time of publishing the previous meeting had not taken place.  Minutes will be published as soon as possible.

Minutes:

The Minutes of the remote meeting held on Thursday, 1st October 2020 were approved as a correct record.

45.

Additional Items of Business

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.

Minutes:

There were no additional items of business.

46.

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:

There were no declarations of interest.

47.

Exclusion of the Public

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

Minutes:

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

48.

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 attended the meeting and addressed the Committee under the Right to Speak Policy:

 

Application reference

Location

Speaker

FUL/2020/0181

Howarth Fold Stables, Howarth Road, Burnley.

Claire Bradley (for)

(Kirkwells Town Planning Consultants)

HOU/2020/0275

Kenmuir. Burnley Road, Briercliffe

Brian Sumner, Avalon Town Planners (for)

HOU/2020/0137

76 West Street, Padiham, Lancashire

Jeff Kirby (for)

FUL/2020/0214

Land Off Wyre Street, Padiham, BB12 8DQ

Jonathan Harper (for)

 

The Committee was advised that Mrs Jackson had withdrawn an application to speak in relation to application HOU/2020/0137 – 76 West Street, Padiham, Lancashire.

 

49.

FUL/2020/0152 - 8 Hope Street, Worsthorne-with-Hurstwood, Lancashire pdf icon PDF 298 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990 - Demolition of a two-bed end terrace property and the construction of a new three bed attached dwelling with off street parking -    8 Hope Street, Worsthorne, Burnley. 

 

Decision: That planning permission be granted 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:  18-05-01-A, 18-05-05, 18-05-29, 18-05-30-B, 18-05-31; all received 3rd April 2020.

 

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

 

3. The external walls and roof of the development shall utilise the existing natural stone and natural stone slate where applicable and stone and natural stone slate which matches the existing dwelling in terms of its type, size, shape, texture and colour. 

 

Reason To ensure a satisfactory appearance to the development, having regard to its impact on the Worsthorne Conservation Area, in accordance with Policies SP5, HS5 and HE2 of Burnley’s Local Plan July 2018. 

 

4. All gates and associated mechanisms to be located outside the adopted highway and the gates to have physical restraints to prevent the gates from opening onto the adopted highway.

 

Reason To ensure the adopted highway is not obstructed by the gates or are a hazard to other road users. 

 

 5. Before the access is used for vehicular purposes, the driveway shall be appropriately paved in tarmacadam, concrete, block paviours, or other approved materials and suitably drained in line with sustainable drainage solutions. 

 

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.    

 

6. The development shall, prior to the first occupation, provide for the reinstatement of the gable chimney as indicated on the approved plans. The chimney shall thereafter be retained at all times.

 

Reason To ensure the retention of a feature of the terrace that contributes to the distinctive and special character of the Worsthorne Conservation area, in accordance with policy HE2 of Burnley’s Local Plan July 2018. 

 

50.

FUL/2020/0181 - Howarth Fold Stables, Howarth Road, Burnley pdf icon PDF 313 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990 - The development of an all-weather riding/turnout arena Lower Howarth Fold Stables, Howarth Road, Burnley. 

 

Decision: That planning permission be granted 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; block plan, and computerised cross-section of arena             both received 30.4.2020; amended location plan, cross-section through arena             and fence, and cross section before work all received 1.6.2020.

 

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

 

3.  The arena shall not be used between 20.00 hrs and 08.00 hrs.  

 

Reason: To safeguard the amenity of nearby residents and to ensure there is no adverse effect on the quality of the area, in accordance with policy EMP7 of the Burnley’s Local Plan July 2018.

 

4. The arena hereby permitted shall be used solely for the horses in the ownership of the applicant or their immediate family and shall not be used for competitions or for any other form of commercial use.

 

Reason: In order to ensure a commercial activity is not established in this location without the benefit of a full assessment of any potential impacts on nearby residential amenity taking place and having regard to the vehicular access to the site, in accordance with policy EMP7 of the Burnley’s Local Plan July 2018 and the NPPF.

 

 5.  No development shall take place that obstructs any part of the Public Footpath No. 109 which runs close to the site. 

 

Reason: To ensure that the existing public rights of way are not affected prior to in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

51.

HOU/2020/0275 - Kenmuir, Burnley Road, Briercliffe pdf icon PDF 285 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990 - Proposed Three Storey Side Extension, Rear Dormer Extension and Internal Alterations – Kenmuir, Burnley Road, Briercliffe, Lancashire, BB10 2JJ. 

 

Decision: That planning permission be refused for the following reason:

 

1.By virtue of its excessive and dominant scale and design, the proposed development would not be subordinate or sympathetic to the character of the existing house or the wider character of the street scene. The proposals would appear as prominent and incongruously large additions which fail to appropriately respect the existing proportions and appearance. The application therefore conflicts with Policies HS5a) and b) and SP5(2)a) of the Burnley Local Plan (July 2018).

 

52.

HOU/2020/0137 - 76 West Street, Padiham, Lancashire pdf icon PDF 308 KB

Additional documents:

Minutes:

 

Full Planning Application - Proposed part two storey and part single storey extension at rear of dwelling - 76 West Street, Padiham.  

 

Decision: That planning permission be granted 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: Drawing No 19/2351/05 (Proposed Floor Plan, Site Plans and Elevations Revised Scheme at 1:50 scale) dated 29.09.20

 

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

 

3.Prior to the commencement of any development above slab level, samples of all external facing and roofing materials including precise details of all new and replacement window frames and glazing shall be submitted to and approved in writing by the Local Planning Authority. All works shall be undertaken strictly in accordance with the details as approved.

 

Reason: To ensure that the development will be of a satisfactory appearance and to comply with Policies SP5, HS5 and HE2 of Burnley’s Local Plan (July 2018).

 

4.No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: the parking of vehicles of site operatives and visitors; loading, unloading and storage of plant and materials used in constructing the development; measures to control the emission of dust and dirt during construction and a scheme for recycling/disposing of waste resulting from demolition and construction works.

 

Reason: In order to avoid the possibility of the public highway being affected by the deposit of mud/or loose materials which could create a potential hazard to road users, in order to protect the amenity of the occupiers of the adjacent properties in accordance with Policy SP5 of Burnley’s Local Plan (July 2018) and in the interests of highway safety.

 

5.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, shall be carried out only between 0800 hours and 1700 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sundays, Bank Holidays or Public Holidays.  Deliveries associated with the construction of the development shall be made before or 0930 hours and after 1500 hours to avoid conflict with traffic (vehicular or pedestrian). Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days’ notice to the Local Planning Authority. 

 

Reason: To safeguard the amenities of nearby residents in accordance with policy SP5 of Burnley’s Local Plan  ...  view the full minutes text for item 52.

53.

COU/2020/0280 - 66 St James Street, Burnley, Lancashire pdf icon PDF 308 KB

Additional documents:

Minutes:

Proposed change of use of ground floor from Vacant A1 (shop) to a flexible A1 (shop), A2 (financial and professional services), A3 (café/restaurant) and A4 (drinking establishment) use pursuant to Schedule 2, Part 3, Class V of The Town and Country Planning General Permitted Development (England) Order 2015 – 66 St James Street, Burnley, Lancashire.

 

Decision: That planning permission be granted 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 ground floor layout in the following approved plan: Proposed Ground Floor at 1:50 Scale dated March 2020.

 

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

 

3.Before any A3 or A4 uses hereby permitted takes place, a scheme for the storage and disposal of refuse (including segregated waste recycling and disposal of food waste) shall have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. The implemented scheme shall be retained as approved thereafter. 

 

Reason: To ensure satisfactory refuse storage provision and in the interests of the visual amenities of the area, in accordance with the Policies SP5 of Burnley's Local Plan (July 2018).

 

4.Before any hot food preparation equipment is used on the premises, a scheme to control the emission and dispersal of fumes, vapours and odours from the premises including details of the appearance, technical specification and siting of any external ventilation ducting and/or plant shall be submitted to and approved in writing by the Local Planning Authority. The implemented equipment, measures and specifications shall be retained and maintained as approved thereafter. 

 

Reason: To protect the surrounding environment, including occupiers of nearby premises from nuisance from cooking odours in accordance with Policies SP5 and NE5 of Burnley's Local Plan (July 2018).

 

5.Before any fixed plant and/or machinery is used on the premises, it shall have been acoustically insulated/designed in accordance with a scheme that shall first have been submitted to and approved in writing by the local planning authority. The implemented measures and specifications shall be retained and maintained as approved thereafter.

 

Reason: To protect the surrounding environment, including occupiers of nearby premises from noise nuisance in accordance with Policies SP5 and NE5 of Burnley's Local Plan (July 2018).

 

6.This planning permission is granted for the duration of ten years from the date on which the permission was granted.

 

Reason: To clarify the terms of consent and in accordance with Part 3 Class V of the General Permitted Development Order 2015 (as amended).

 

54.

FUL/2020/0092 - Lane House Farm, Burnley Road, Cliviger pdf icon PDF 273 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990 - Proposed partial demolition of existing house together with alterations and rebuild of new element - Lane House Farm Burnley Road Cliviger, 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 permitted shall be constructed in complete accordance with  the specifications in the application and approved plans listed below, unless  otherwise agreed in writing by the local planning authority.   

 

Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

 

3.All materials to be used in the approved scheme shall be as stated on the application form and approved drawings received on the 24/1/20 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.

 

4.The development shall not be occupied until the car parking areas to serve the  development have been laid out and hard surfaced in accordance with  approved drawings and made available for use and retained as such thereafter.

 

Reason: In the interests of highway safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan.

 

5.Notwithstanding the provisions of the Town and Country Planning (General  Permitted Development) Order 1995 (or any Order revoking and re-enacting  that Order with or without modification):  (i) no external alterations, including roof alterations, or extensions shall be  carried out to the building   (ii) no garages or outbuildings shall be erected within the curtilage of the  building; unless planning permission for such development has been granted by  the Local Planning Authority.

 

Reason: To enable the local planning authority to consider future development having regard to policies SP5 and HS5 of Burnley’s adopted Local Plan.

 

6.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 0800 hours and 1700 hours on Mondays to Fridays and between  0800 hours and 1300 hours on Saturdays and at no time on Sundays, Bank  Holidays or Public Holidays. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days’ notice to the Local Planning Authority. 

 

Reason: To safeguard the amenities of nearby residents in accordance with policy SP5 of Burnley’s adopted Local Plan.

 

 

55.

FUL/2020/0371 - The Barn, Hollins Farm, Red Lees Road pdf icon PDF 350 KB

Additional documents:

Minutes:

Full Planning Application - Erect a single bungalow – The Barn, Hollins Farm, Red Lees Road, Cliviger.

 

Decision: That permission be refused for the following reasons:

 

1.The proposed development is located on land outside the development boundary and is not considered to be in a sustainable location; and by virtue of its modest scale it would not contribute in any meaningful way to the enhancing or maintaining the vitality of the rural community. Accordingly this would be contrary to Policy SP4 of Burnley’s Local Plan (July 2018) and NPPF Para 78 and is contrary to the presumption in favour of sustainable development in the NPPF.

 

2.The proposed development would fail to preserve the setting of the listed stable block, alongside other non-designated heritage assets within the group, and would result in less than substantial harm to significance. The applicant has not demonstrated public benefits to outweigh this harm and as such has failed to provide a clear and convincing justification for the harm to the significance of the listed building. Approval of the application would therefore be contrary to Policy HE2 of Burnley’s Local Plan (July 2018), the NPPF and the relevant statutory duty.

 

3.The overall visual impact of the proposed development would materially alter the character and appearance of the site such that it would cause an unacceptable adverse impact on the immediate setting and the open countryside contrary to the aims of Policies SP5 and NE3 of Burnley’s Local Plan (July 2018) and NPPF 127(c). Furthermore the development would result in the loss of the rural character of the site and would result in the encroachment of the urban form into the open countryside contrary to Policy SP4 of Burnley’s Local Plan (July 2018).

 

4.The proposed development is positioned such that it would result in undue pressures for felling or excessive pruning of a mature Lime Tree (T1) to the detriment of its visual amenity and conservation value as identified in the arboricultural assessment. Accordingly the proposal would conflict with the aims of Policy NE4 of Burnley’s Local Plan (July 2018).

 

56.

FUL/2020/0214 - Land Off Wyre Street, Padiham, BB12 8DQ pdf icon PDF 298 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990 - Erection of food store (Class A1) with associated car park and new vehicular access following demolition of existing buildings - Land Off Wyre Street, Padiham, BB12 8DQ. 

 

Decision: That planning permission be granted 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 listed on this notice below.

 

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

 

3. (Revised condition as per the update report): The approved development shall be constructed in accordance with the external materials of construction to be used on the walls and roof of the development,  including colour and finish details, as indicated on drawing number AD 113_REVG and shall not be varied unless otherwise previously agreed in writing by the Local Planning Authority.

 

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.(Revised condition as per the Update report): The car parks, access and areas of hardstanding shall be surfaced in accordance with the details indicated on the Site Finishes Plan, drawing number AD115_REVA, unless any variation is otherwise previously agreed in writing by the Local Planning Authority.

 

Reason: To ensure a high-quality appearance to the development, in accordance and access/parking facilities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

5.(Revised condition as per the Update report): Notwithstandiing the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any provision within the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any statutory instrument revoking or re-enacting those Orders, the approved development shall be used as a Class A1 retail food store only with no more than 251sqm of net floorspace for non-food sales and shall not be used for any other purposes. 

 

Reason: To ensure the satisfactory implementation of the proposal where the proposal has been assessed in accordance with the details of the proposed use as submitted.  Other proportions of food/non-food retail sales other uses within  Class E of the Town and County Planning (Use Classes) Order (as amended) would also require a new assessment in respect of impacts on the Town Centre and on highway and parking considerations.

 

6.No development shall be commenced until a scheme for the means of protecting the trees to the north side of the application site, in accordance with BS 5837 (2012), including the protection of root structures from injury or damage prior to and during the development works, has been submitted to and approved in writing by the Local Planning  ...  view the full minutes text for item 56.