Agenda and minutes

Venue: Rooms 2 & 3, Burnley Town Hall

Contact: Alison McEwan/Carol Eddleston  Democracy Officers

Items
No. Item

1.

Welcome and Introductions

To welcome newly elected and newly appointed members.

Minutes:

Councillor Chaudhary, Chairman of the Committee, welcomed all those present to the first Development Control meeting of the new municipal year. He welcomed particularly those who had been newly elected and/or newly appointed to the Committee. He took the opportunity to remind everybody present of the need to treat all members of the public, elected members and Council officers with respect throughout the meeting, as set out in the Code of Conduct for Members.

2.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Birtwistle.

3.

Minutes pdf icon PDF 353 KB

To approve as a correct record the Minutes of the last meeting, held on 7th April 2022.

Minutes:

The Minutes of the last meeting held on 7th April 2022 were approved as a correct record and signed by the Chair.

4.

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 in any of the items on the agenda.

5.

List of Deposited Plans and Applications pdf icon PDF 577 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:

 

CLARE HALES

REM/2021/0735

 

1 Magnesium Way

Hapton

Lancs

 

IAN CHAPMAN

REM/2021/0735

 

1 Magnesium Way

Hapton

Lancs

 

MARK BASSETT

REM/2021/0735

 

1 Magnesium Way

Hapton

Lancs

 

MATTHEW SHEPPARD

OUT/2020/0366

 

Accrington Road

Burnley

BB11 5QJ

 

SIMON ARTISS

FUL/2021/0273

 

Land South of Rossendale Road

Burnley

 

ANN REDMOND

HOU/2022/0065

 

3 Coverdale Way

Burnley

Lancashire

 

 

 

RESOLVED            That the list of deposited plans be dealt with in the manner shown in the appendix to these minutes.

6.

REM/2021/0735 - 1 Magnesium Way, Hapton, Lancashire pdf icon PDF 662 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Approval of all reserved matters under outline planning permission VAR/2020/0159 for three industrial/warehouse units (B2/B8)

 

1 Magnesium Way Hapton Lancashire BB12 7BF

 

A motion to delegate authority to the Head of Housing and Development Controlto approve the application subject to the recommended conditions and subject to the receipt of an amended layout confirming that the approval does not grant or imply any consent for any development to land west of the extension of Magnesium Way was moved and seconded.

 

On being put to the vote the motion was declared to be lost.

 

The Locum Regulatory Solicitor issued the following Cost Warning to members:

 

‘May I remind members that any decision taken in this matter must be based on, and only on, proper planning grounds reflecting your planning judgement on the case. Your officers have advised fully in relation to the relevant material considerations and policy background and you should consider that advice carefully. Whilst you are not bound to follow that advice, in any appeal proceedings arising out of the decision you make, the Council will be expected to produce evidence to substantiate each reason for refusal, by reference to the Development Plan and all other material considerations. If the Council fails to, or cannot do so, then costs may be awarded against it.

 

To reiterate, you are not bound to adopt the professional or technical advice given by your own officers or received from statutory bodies or consultees. However, you will be expected to show that you had reasonable planning grounds for taking a decision contrary to such advice and are able to produce relevant evidence to support your decision in all respects. If the Council were to fail to do so, it may be liable to have costs awarded against it.

 

Whether or not a costs order may, or may not, be made and how much that may, or may not, amount to, is, however, not a material consideration and is therefore not something you should be considering in deciding whether planning permission should be granted or not.

 

A motion to refuse the application was moved and seconded.

 

As the motion was contrary to Officer recommendation Officers recorded the voting as follows:

 

Motion to refuse the application contrary to recommendation

Councillor Chaudhary

Against

Councillor Kelly

Against

Councillor Chamberlain

For

Councillor Cunliffe

For

Councillor Graham

Against

Councillor Harbour

For

Councillor Hosker

For

Councillor Hurt

For

Councillor Inckle

For

Councillor Kazmi

Against

Councillor L Khan

Against

Councillor Royle

Against

Councillor Steel

For

Carried

 

 

Decision

 

That the application be refused for the following reason:

 

Reason

 

The proposed development, by reason of the height (exceeding 7.0m) and siting of Units A and B would result in a visually dominant and overbearing form of development such that it would cause an unacceptable adverse impact on the living conditions of the occupiers of neighbouring properties adjacent to the site`s northern boundary, contrary to both Policy SP5 of Burnley`s Local Plan (July 2018) and the Site Specific Policy  ...  view the full minutes text for item 6.

7.

OUT/2020/0366 - Accrington Road, Burnley, BB11 5QJ pdf icon PDF 324 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Outline Application up to 50,000m2 B1 b&c, B2 and B8 industrial units (with associated offices/mezzanines) and earthworks/infrastructure with all matters reserved (13 hectares). Proposal affects Public Footpath No. 12 (Hapton)

 

Accrington Road Burnley BB11 5QJ

 

Decision

 

That approval be delegated to the Head of Housing and Development Control subject to the applicant entering into a section 106 Agreement.to secure contributions to public transport improvements and provide for public footpath links/improvements and the following conditions:

 

Conditions and reasons for conditions

 

1.     Details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins within any phase in accordance with an approved Phasing Plan and Strategy, and the development shall be carried out as approved.

 

Reason: The permission is an outline planning permission.   

 

2.     Application for approval of any reserved matters shall be made to the Local Planning Authority no later than five years from the date of this permission.

 

Reason: Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

 

3.     The development of the first or any phase hereby permitted shall begin not later than whichever is the later of the following dates: (a) the expiration of five years from the date of this permission; or (b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

Reason:  Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

 

4.     No development of any kind, including vegetation clearance, shall be commenced until a Phasing Plan and Strategy to identify the sequence and the spatial phasing of development to include earthworks, ground works, access, infrastructure, landscaping and built development, has been submitted to and approved in writing by the Local Planning Authority.   The development shall thereafter only be carried out in accordance with the approved Phasing Plan & Strategy unless any variation to it is otherwise first submitted to and approved in writing by the Local Planning Authority.

 

Reason:  To assist the phasing of the construction of a major development on a large site and to ensure its effective delivery, in accordance with Policies EMP1/5, SP5 and NE5 of Burnley`s Local Plan (July 2018).

 

5.     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.

 

6.     An application for the approval of Reserved Matters shall, in accordance with the approved Phasing Plan and Strategy, be accompanied with details of existing and proposed land levels and cut/fill operations which shall not lead to a bulk import or export of soil/material to or from the site.  The development shall thereafter only be carried out in accordance with the approved details.

 

Reason:  To ensure that these details are satisfactory in  ...  view the full minutes text for item 7.

8.

FUL/2021/0273 - Land South of Rossendale Road, Burnley pdf icon PDF 466 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Proposed residential development of 87 houses with new access from Rossendale Road and associated estate roads, open space and infrastructure. Proposal affects Public Footpath No. 8 (Habergham Eaves).

 

Land South of Rossendale Road Burnley.

 

Decision

 

That approval be delegated to the Head of Housing and Development Control subject to the applicant entering into a section 106 Agreement to secure contributions to highways improvements and biodiversity, to provide affordable housing and a scheme for open space management and responsibilities.

 

Conditions and reasons for 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.     Prior to the commencement of built development above ground, details and representative samples of the external materials of construction to be used on the walls and roofs of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out 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). The material details are required prior to the commencement of above ground works to ensure that the approved materials are available for use at the appropriate stage of the development.

 

4.     No development shall commence other than site clearance, remediation and preparatory works until a scheme of landscaping, to include details of all retained trees and new tree and shrub planting, to include native species on and near to site boundaries and within the development site (noting species, plant sizes/heights on planting and proposed numbers/ densities where appropriate), has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: In order to ensure a satisfactory scheme of landscaping that provides biodiversity and visual benefits to the site, in accordance with Policies NE4, SP5 and NE1 of Burnley`s Local Plan (July 2018). The scheme is required prior to the commencement of above ground works to ensure that the works are agreed early in the process in order that they can be carried out at the appropriate stage of the development.

 

5.     All planting, seeding or turfing comprised in the approved details of landscaping (as approved by Condition 4) shall be carried out in the first planting and seeding seasons following the first occupation of the approved development or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become  ...  view the full minutes text for item 8.

9.

FUL/2022/0084 - 16 Elm Street, Burnley, Lancashire pdf icon PDF 323 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Change of use of part of existing dwelling to form extension to existing hot food takeaway.

 

16 Elm Street Burnley Lancashire BB10 1AJ

 

Decision

 

That the application be approved with the following conditions.

 

Conditions and Reasons for 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.     A scheme of noise insulation between the commercial and residential premises shall be submitted to and approved in writing by the Local Planning Authority before any building work commences on the site. The insulation provided shall ensure that the noise level within the residential premises does not exceed: 35 dB LAeq, 16hour for living rooms (07:00 – 23:00); 35dB LAeq, 16hour for bedrooms (07:00 hours – 23:hours), 30dB LAeq, 8hour for bedrooms (23:00 – 07:00hours); 45dB LAmax for individual noise events in bedrooms (23:00 – 07:00).

 

Reason: to note result in unacceptable conditions for future users and occupiers of the development, in regard to noise, in accordance with policy SP5 of Burnley’s Plan.

 

4.     The use hereby approved shall not operate outside the hours of 11am and 11pm on any day.

 

Reason: In order to safeguard the residential amenity of nearby residents.

10.

HOU/2021/0756 - 6 Rochester Drive, Burnley, Lancashire pdf icon PDF 306 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Convert existing garage to sitting room with extension to front of 1.2m

 

6 Rochester Drive, Burnley

 

Decision

 

That the application be approved with the following conditions.

 

Conditions and Reasons for 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:

 

Existing and Proposed Plans, Elevations and Location Plan (excluding site plan) Received 5th January 2022

Revised Site Plan Received 20th March 2022

 

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

 

3.     The three off-road parking spaces shown on the submitted parking plan shall be made available before the extension is occupied and remain available thereafter for the parking of vehicles associated with the dwelling. Driveways/vehicle parking areas accessed from the adopted highway must be properly consolidated and surfaced in bound porous materials, (not loose stone or gravel), and subsequently maintained in good working order at all times thereafter for the lifetime of the development.

 

Reason: To achieve satisfactory levels of appropriately constructed off-street parking are achieved within the development and to avoid unnecessary parking on the highway to the detriment of highway safety.

11.

HOU/2022/0065 - 3 Coverdale Way, Burnley, Lancashire pdf icon PDF 300 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Single storey rear extension, front porch extension and roof dormer extension to existing bungalow

 

Decision

 

That the application be approved with the following conditions.

 

Conditions and Reasons for 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.     Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as details on drawings:

 

Location Plan: 2070-LP10                      Received 17th February 2022

Proposed Plans: 2020-PL10B                Received 17th February 2022

Proposed Elevations: 2070-PL11B         Received 17th February 2022

 

Reason: For the avoidance of doubt and to clarify which plans are relevant to the consent.

 

3.     The external facing materials, detailed on the approved plans, shall be used and no others substituted.

 

Reason: To ensure that the materials to be used are appropriate to the locality.

12.

Decisions taken under the Scheme of Delegation pdf icon PDF 580 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 decisions taken under delegation.

 

Going forwards members were encouraged to contact officers in advance of a meeting if they had queries on any of the decisions taken under delegation.