Agenda and minutes

To receive any apologies for absence.

There were no apologies.

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

The Minutes of the last meeting held on 10^th June 2021were approved.

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.

Councillor Mark Payne declared an interest (other) in item COU/2021/008 Lowerhouse Cricket Club.  He remained in the room, spoke but did not vote on the matter.

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

There were no items that required 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:

Mr Ian Swain – FUL/2020/0199 – Land to the north of Hurstwood Village

Mr Timothy Buckel – VAR/2021/0214 – 111 Thursby Road, Burnley

Mr Stan Heaton – COU/2021/008 – Lowerhouse Cricket Club

RESOLVED              That the list of deposited plans be dealt with as follows.

Town and Country Planning Act 1990

Proposed  Agricultural Building. Land to the North of Hurstwood Village, Hurstwood Lane, Hurstwood, Burnley

Applicant: Mr M Holmes

Agent: Mr Ian Swain

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 three swallow/bird nesting boxes and the owl box shall be in situ within 3 months of the building being erected.

Reason: In the interests of increasing biodiversity in the locality and in accordance with policy NE1 of Burnley`s Local Plan July 2018.

4 The landscaping scheme shall be implemented within 3 months of the building being erected, and the trees shall be maintained and replanted within 3 months if they die.

Reason: In the interests of visual amenity, to help screen the building from Hurstwood Lane and in accordance with policy NE3 of Burnley`s Local Plan July 2018.

Town and Country Planning Act 1990

Retention/Construction of dry stone walls and diversion of Public Footpath No. 163.

Musty Haulgh Barn Granville Street Briercliffe

Applicant: Mr Brent Frankland

Decision; That Planning Permission be granted subject to the following conditions

1 The development, not yet carried out, 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 and dimensions to be used for the approved scheme shall be as stated on the application form and approved drawings 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 Policy SP5 of Burnley's Local Plan (July 2018).

4. One heavy-standard, native tree shall be planted within the curtilage of the dwelling house for each tree that will be removed or lost as part of the approved development. The planting of the replacement trees shall be carried out within the next planting season following the felling of the tree/s and shall thereafter be maintained in accordance with good horticultural practice and replaced within 3 months if they die within three years of their planting. Reason: In order to maintain tree cover in the area having regard to Policy NE4 of Burnley’s Local Plan (July 2018)

5. No works to the trees shall be carried out within the bird nesting season from March to August of any year.

Reason: To protect biodiversity having regard to Policy NE1 of Burnley’s Local Plan (July 2018).

Approved Plans: Location Plan 1:1250; Site Plan 1:500; Site Plan with wall 1:500; Existing and Proposed Wall details 1:50 all received 22 February 2021.

Article 35 Statement Some negotiation was carried out to advise on the procedure for the diversion of the public footpath, the requirement for the submission of a planning application and a Tree Report. The application as submitted is in accordance with the local plan policies and the National Planning Policy Framework and there was no need for further negotiation with the applicant.

Town and Country Planning Act 1990

 Variation of Condition No 2 pursuant to planning application HOU/2019/0531 to amend the roof design and proposed exterior materials to be used.

111 Thursby Road, Burnley

Applicant:Mr Umair Khan

Agent: Mr Hamaad Anwar

Decision; That the application be refused.

Reasons;

The proposed alterations would have a detrimental impact on the amenity of the residents of the adjoining property as the changes would result in an overbearing impact contrary to Policy HS5 and SP5 of the Local Plan and the NPPF.

The proposed alteration of the external wall materials to incorporate K rend would undermine the inherent character of the host dwelling and be of detriment to the visual amenities and character of the area, contrary to Policy HS5 and SP5 of the Local Plan and NPPF.

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

To refuse VAR/2021/0214 – 111 Thursby Road, Burnley

Town and Country Planning Act 1990

Lowerhouse Cricket Club, Lowerhouse Lane, Burnley, Lancashire, BB12 6LP

Change of use of detached function room to Hot Food Takeaway (Use Class Sui Generis)

Applicant: Mr Matthew Stansfield

Decision;  That the application be delegated to the Head of Housing and Development Control to approve subject to the appropriate conditions.

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

To approve COU/2021/008 – Lowerhouse Cricket Club

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 24^th June to 2^nd July 2021.