Agenda and minutes

Venue: Rooms 2 & 3, Burnley Town Hall

Contact: Alison McEwan/Carol Eddleston  Democracy Officers

Items
No. Item

26.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllrs Hosker, Kelly and Lubna Khan.

27.

Minutes pdf icon PDF 801 KB

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

Minutes:

The Minutes of the last meeting held on 30th June 2022 were approved as a correct record and signed by the Chair.

28.

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:

Cllr Saeed Chaudhary declared an other prejudicial interest in item 6D.  During that item he vacated the Chair, left the meeting and took no part in the debate or decision.

29.

List of Deposited Plans and Applications pdf icon PDF 578 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:

 

Graeme Thorpe

FUL/2022/0023

Land at Kinross Street & Airdrie Crescent

Leah Taylor

 

FUL/2022/0146

Arncliffe Cottage Halifax Road Briercliffe Lancashire

Mary Wallace

FUL/2022/0146

Arncliffe Cottage Halifax Road Briercliffe Lancashire

 

 

 

 

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

30.

FUL/2022/0023 - Land at Kinross Street & Airdrie Crescent Burnley pdf icon PDF 631 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

The erection of 61no. dwellings with associated infrastructure and landscaping works Land At Kinross Street & Airdrie Crescent Burnley BB11 4DP

 

Decision

 

That the application be delegated to the Head of Housing & Development Control for approval subject to agreement of a S106 agreement and the following conditions.

 

Conditions and Reasons

 

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.     The external materials of construction to be used on the walls and roofs of the development shall be in accordance with the submitted schedule of materials titled ‘Materials Tracker’ (Job No. 3588) prepared by BTP Architects unless any variation is 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.     No development shall take place (including demolition, ground works, vegetation clearance) until a scheme for offsetting biodiversity impacts to achieve net gain shall be submitted to and approved in writing by the Local Planning Authority. The proposed offsetting scheme shall:

a) be based on prevailing DEFRA guidance;

b) comply with prevailing regulatory standards and policy requirements which are in force and applicable to this site;

c) include details of the offset requirements of the development in accordance with the current DEFRA biodiversity metric;

d) include the identification of a receptor site or sites;

e) include the evidence of arrangements with the relevant landowner that secures the delivery of the offsetting scheme;

f) include a management and monitoring plan (which shall include for the provision and maintenance of such offsetting measures);

g) Timetable for implementation. The biodiversity offsetting measures shall be carried out in accordance with the approved scheme and timetable.

Reason: To ensure that there is no net loss to biodiversity resulting from the proposed development, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The scheme is required prior to the commencement of development in order to ensure that compensation for the loss of biodiversity resulting from the proposal can be adequately mitigated at an early stage.

5.     No development shall be commenced until protective fencing to protect the trees to be retained on the site has been erected in accordance with details as indicated within the Arboricultural Report (prepared by ACS Consulting, dated November 2021). There shall be no excavation, site works, trenches or channels to be cut or laid or soil waste or other materials deposited so as to cause damage or injury to the root structure  ...  view the full minutes text for item 30.

31.

HOU/2021/0694 - 429 Cog Lane, Burnley pdf icon PDF 381 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Demolition of existing single storey rear conservatory and erection of single storey rear extension (Resubmission of HOU/2020/0455)

 

Decision

 

That planning permission be granted subject to the following conditions.

 

1.     The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and 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 detailed on drawings:Location Plan and Block Plan:Dwg no 1 RLBRear Elevations, Section and Floor Plan: Dwg no A102 Rev 08 amended plan received 12.04.2022Proposed Side Elevations: Dwg no A1205 Rev 05 amended plan received 12.04.2022

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

3.     All new external work, materials and finishes shall match those of the existing dwelling/building in their detailed execution, colour, texture, form, scale and finished appearance except where indicated otherwise on the approved drawings.

Reason:  In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality and respond positively to the inherent character of the parent dwelling/building.

32.

FUL/2022/0146 - Arncliffe Cottage, Halifax Road, Briercliffe pdf icon PDF 291 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

Change of use from C3 Dwellinghouse to C2 small children's residential care home.

 

Decision

 

That planning permission be granted subject to the following conditions:

 

1.     The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to 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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans; SLP – 001 Rev B, EX-001 Rev A, PR-001, PR-002 Rev A 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.     Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) the approved use shall operate for up to four children only and not for any other use falling within Class C2.

Reason: To ensure the satisfactory implementation of the proposal and in order that any changes within the same use class can be reviewed in terms of the need for car parking and potential impacts on neighbouring properties, in accordance with Policies IC3 and SP5 of Burnley`s Local Plan (July 2018).

4.     The development hereby permitted shall not be occupied until an electric vehicle charging point has been installed to serve the development and shall thereafter be maintained.

Reason: To support sustainable transport objectives and to contribute to a reduction in harmful vehicle emissions.

33.

Vacation of Chair and Election of Chair

Minutes:

Due to the interest declared in Minute 34, Cllr Chaudhary vacated the Chair and left the meeting.

 

Cllr Sue Graham was nominated as Chair for that item.  On being put to the vote the motion was carried, and Cllr Sue Graham stepped into the Chair.

34.

COU/2022/0348 - 55 Daneshouse Road, Burnley pdf icon PDF 402 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

Change of use from an existing commercial office premises (Class E) to a 5 bedroom HMO (House of Multiple Occupation)(Class C4).

55 Daneshouse Road Burnley Lancashire BB10 1AF

 

 

A motion to refuse the application was moved and seconded for the following reasons:  The proposed development would not be an appropriate reuse of the building as it would be an over intensive use of the site that would result in unacceptable living conditions for future occupants due to the lack of provision of adequate outdoor space within the curtilage for amenity, bin storage and cycle storage. As such the proposal conflicts with policies SP4 (3a) and SP5 (2h&i) of the adopted Local Plan for Burnley. 

 

As this was against officer recommendation, a recorded vote was undertaken.  On being put to the vote, the motion was carried.

 

 

 

Decision

 

That planning permission be refused for the following reasons:

 

The proposed development would not be an appropriate reuse of the building as it would be an over intensive use of the site that would result in unacceptable living conditions for future occupants due to the lack of provision of adequate outdoor space within the curtilage for amenity, bin storage and cycle storage. As such the proposal conflicts with policies SP4 (3a) and SP5 (2h&i) of the adopted Local Plan for Burnley. 

 

 

Cllr Chaudhary re-joined the meeting at the conclusion of this item, and re-took the Chair for the remainder of the meeting.

Recorded Vote
TitleTypeRecorded Vote textResult
Motion to refuse COU/2022/0348 against Officer recommendation Motion Carried
  • View Recorded Vote for this item
  • 35.

    LBC/2022/0103 - 1, 2 & 3 Towneley Park Cottages, Towneley Park, Burnley pdf icon PDF 359 KB

    Additional documents:

    Minutes:

    Application for Listed Building Consent

    Replacement of existing aluminium window frames and external timber doors.

    1, 2 AND 3 TOWNELEY PARK COTTAGES TOWNELEY PARK BURNLEY BB11 3RQ

    Decision

     

    That planning permission be granted subject to the following conditions.

     

    Conditions:

     

    1.     The development must be begun within three years of the date of this decision.

    Reason: Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

     

    2.     The development hereby permitted shall not be carried out other than to the approved window specification: Optio 58BW Flush System submitted 18 February 2022.

    Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity; and to preserve the character and special interest of the building in accordance with Policy HE2 of Burnley’s Local Plan (July 2018).

     

    3.     All materials to be used in the approved scheme shall be as stated on the application form and submitted specifications 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, having regard to the special historic interest and character of the listed building, in accordance with Policy HE2 and SP5 of Burnley’s Local Plan (July 2018).

     

    4.     Prior to the removal of the external doors to the front (east) elevation, full and precise joinery details shall be submitted to and approved in writing by the Local Planning Authority. Once approved by the Local Planning Authority the works shall be carried out and completed fully in accordance with the approved details and shall be retained as such

    thereafter.

    Reason: In order to ensure the replacement doors are an accurate reproduction and to comply with Policies SP5 and HE2 of Burnley’s Local Plan (July 2018).

    36.

    FUL/2022/0024 - 160 St James Street, Burnley pdf icon PDF 392 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act1990

     

    Proposed conversion of ground floor from cafe to retail and offices; conversion of first and second floor to offices/studios; installation of new shop front and replacement windows to front and rear elevations; removal of a rear fire escape and erection of a single storey rear extension.

    160 ST JAMES’S STREET BURNLEY BB11 1NR

     

    Decision

     

    That planning permission be granted subject to the following conditions:

     

    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: 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 not be carried out other than to the approved drawings and the specifications as indicated thereon except where modified by the conditions of this consent. The approved drawings are: Drawing Nos1457-7 (Site Plans at 1:500 scale) received 18 January 2022; 1457-3C (Scheme Drawing Floor Plans at 1:50 Scale) received 22 February 2022; and 1457-4E (Scheme Drawing Elevations at 1:50 scale) and1457-6D (Proposed Section and Details at 1:50, 1:10 and 1:5 scale) received 02 July 2022.

    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 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, having regard to the character and appearance of the building and the visual amenities of the area in accordance with Policy SP5and HE2of Burnley’s Local Plan (July 2018).

     

    4.     Notwithstanding the approved drawings, prior to the removal of theshopfront full and precise joinery details for the shopfront console/corbel; fascia and pilaster(at a scale of no more than 1:20 as appropriate) shall be submitted to and approved in writing by the Local Planning Authority. Once approved by the Local Planning Authority the shopfront shall be constructed in accordance with the approved details and shall be retained as such thereafter.

    Reason: As insufficient information has been submitted and in order to ensure a satisfactory appearance and to protect the character and appearance of Burnley Town Centre Conservation Area in accordance with Policies SP5 and HE2 of Burnley’s Local Plan (July 2018).

     

    5.     Notwithstanding the approved drawings, prior to the removal of the window frames to the front (north) elevation full and precise details of the oriel bay windows including the dimensions of all component parts including any glazing bars, opening mechanisms, decorative mouldings and proposed glazing to be used shall be submitted to and be approved in writing by the Local Planning Authority.  The submitted details shall include appropriately scaled cross sectional drawings. Once approved by the Local Planning Authority, the oriel bay windows shall be constructed in accordance with the  ...  view the full minutes text for item 36.

    37.

    HOU/2022/0187 - 40 Pasturegate, Burnley pdf icon PDF 363 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed single storey ground floor rear extension.

    40 Pasturegate Burnley Lancashire BB11 4DE

     

    Decision

     

    That planning permission be granted subject to the following conditions.

     

    Conditions

     

    1.     The development must be begun not later than the expiration of three years beginning with the date of this permission.

    Reason: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and 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 detailed on drawings: Site Location Plan Dwg no 21164.01 Proposed Site Layout/Roof Plan Dwg no 21164.06 Proposed Ground Floor Plan: 21164.07 Proposed Elevations: Dwg 21164.08

    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.

    38.

    HOU/2022/0123 - 54 Morse Street, Burnley pdf icon PDF 389 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Erection of single storey rear extension, rendering and new doors and windows

    54 Morse Street Burnley Lancashire BB10 4LS

     

    Decision

     

    That planning permission be granted subject to the following conditions.

     

    Conditions

     

    1.     The development must be begun not later than the expiration of three years beginning with the date of this permission.

    Reason: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and 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 detailed on drawings: Location Plan: Dwg no 1 RLB Proposed Plans:  Dwg no 599/03 Proposed Elevations: Dwg no 599/04A amended plan received 23.06.2022 Site Layout: Dwg no 599/05

    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.

    39.

    Decisions taken under the Scheme of Delegation pdf icon PDF 39 KB

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

    Additional documents:

    Minutes:

    Members noted the report on items considered under the scheme of delegation.  Officers reported that there is no provision to bring items to committee unless objections are received.