Agenda and minutes

Venue: Rooms 2 & 3, Burnley Town Hall

Contact: Alison McEwan/Carol Eddleston  Democracy Officers

Items
No. Item

59.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Birtwistle.

60.

Minutes pdf icon PDF 156 KB

To approve as a correct record the Minutes of the previous meeting, held on 8th September 2022.

Minutes:

The Minutes of the last meeting held on 8th September 2022 were approved as a correct record and signed by the Chair.

61.

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:

Councillor Anne Kelly declared a prejudicial interest in agenda item 6c. She left the meeting for the duration of that item and took no part in the discussion or vote thereon.  

 

Councillor Sue Graham declared a prejudicial interest in agenda item 6h. At the start of the item she addressed the committee as a member of the public, as permitted under the Code of Conduct for Members, then left the meeting for the remainder of that item.

62.

List of Deposited Plans and Applications pdf icon PDF 569 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:

 

David Pounder - FUL/2021/0274 - Land West of Smithyfield Avenue, Burnley, Brownside

Mike Hughes - FUL/2021/0274 - Land West of Smithyfield Avenue, Burnley, Brownside

Warren Simpson - COU/2022/0420 The Rookery, Pasturegate, Burnley

Claire Bradley - COU/2022/0420 The Rookery, Pasturegate, Burnley

Councillor Cosima Towneley – FUL/2022/0252 - Stiperden House Farm, Kebbs Road, Todmorden

Jacqui Pilka – FUL/2022/0252 - Stiperden House Farm, Kebbs Road, Todmorden

Councillor Sue Graham – FUL/2022/0385 – 92 Marsden Road, Burnley

Ian Wolstencroft – HOU/2022/0474 - 41 Lower Mead Drive, Burnley

 

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

63.

FUL/2021/0274 - Land West of Smithyfield Avenue, Burnley, Brownside pdf icon PDF 701 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Erection of 38 no. age-restricted specialist bungalows for older people with associated landscaping, car parking and access from Riddings Avenue and Townfield Avenue

 

LAND WEST OF SMITHYFIELD AVENUE BURNLEY

 

Decision

 

That authority be delegated to the Head of Housing and Development Control to approve the application subject to the applicant entering into Legal Agreements to restrict the occupancy, secure contributions to public open space and to provide affordable housing.

 

Conditions and Reasons:

 

1.     The development hereby permitted shall be begun before 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 specification of works noted thereon except where modified by the conditions of this consent. The approved plans are as follows:

 

  • HT-AB-01 (Proposed House Type A Floor Plan and Elevations) received 22.09.22
  • HT-AR-01 (Proposed House Type A Floor Plan and Elevations) received 22.09.22
  • HT-BB-01 (Proposed House Type B Floor Plan and Elevations) received 22.09.22
  • HT-BR-01 (Proposed House Type B Floor Plan and Elevations) received 22.09.22
  • HT-CB-01 (Proposed House Type C Floor Plan and Elevations) received 22.09.22
  • HT-CR-01 (Proposed House Type C Floor Plan and Elevations) received 22.09.22
  • HT-SG-01 (Proposed Single Garage Floor Plan and Elevations) received 22.09.22
  • 21-01-SS01 C (Indicative Street Scenes and Sections) received 15.09.22
  • 21-01-PO8 G (Proposed Site Layout Affordable Housing) received 16.08.22
  • 21-01-PO7 G (Proposed Site Layout Photovoltaic Locations) received 16.08.22
  • 21-01-PO6 D (Proposed Site Layout Public Open Space) received 16.08.22
  • 21-01-PO5 G (Proposed Streetscenes/Cross Sections) received 16.08.22
  • 21-01-PO4 G (Proposed Site Layout Refuse Management) received 16.08.22
  • 21-01-PO3 G (Proposed Site Layout Materials at 1:500 Scale) received 16.08.22
  • 21-01-PO2 G (Proposed Site Layout Boundary Treatments) received 16.08.22
  • 21-01-PO1 G (Proposed Site Layout General Arrangements) received 16.08.22
  • 20008/04/1 (Flood Exceedance Plan) received 02.08.22
  • 6515.03 E (Landscape Proposal Sheet 3 of 3) received 12.04.22
  • 6515.04 E (Landscape Proposal Sheet 2 of 3) received 12.04.22
  • 6515.05 E (Landscape Proposal Sheet 1 of 3) received 12.04.22
  • 6515.06 (Landscape Proposal Full Site Plan) received 03.10.22
  • 6515.01 (Tree Survey and Root Protection Areas) received 10.06.21
  • 20008/05/1 (Overland Flow Catchment Plan) received 28.09.22
  • 20008/02/1 C (Drainage Feasibility) received 10.05.21

 

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

 

3.     Prior to the commencement of development, details and representative samples of the external materials (stone, render and grey tiles) 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  ...  view the full minutes text for item 63.

64.

COU/2022/0420 - The Rookery, Pasturegate, Burnley pdf icon PDF 547 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

Change of use from C3 dwelling house to a residential training centre (Use Class C).

 

The Rookery, Pasturegate, Burnley.

 

Decision:

 

That the application be deferred to allow clarification to be sought from the applicant about where the cooking of hog roasts is intended to take place.

65.

FUL/2022/0412 - Land at Walverden Road, Walverden Road, Briercliffe pdf icon PDF 374 KB

Additional documents:

Minutes:

Full Application

Erection of detached dwelling

LAND AT WALVERDEN ROAD, WALVERDEN ROAD, BRIERCLIFFE

 

Decision

 

That the application be approved subject to the following conditions:

 

Conditions and reasons:

 

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 below.

         

Application form received 4th July 2022

Location Plan STO/01/DWGB

Proposed Plans and Elevations STO/01/DWG 03B

Proposed Site Plan STO/01/DWG04

Existing site plan STO/01/DWG01

Design and Access Statement

 

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

 

3.       All bin and recycling facilities shall be stored at the rear of the property and shall only be brought to the roadside on bin collection days.

 

Reason: In the interest of visual amenity of the area in accordance with Policy SP5 of the Burnley Local Plan and the provision of the National Planning Policy Framework.

 

4.       Prior to their use in the development, details for the external materials to be used in the development (walls, roof, windows, doors and water goods), shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be constructed from the approved materials and retained thereafter.

 

          Reason: To ensure that the development will be of a satisfactory appearance and to comply with Policy SP5 of Burnley's Local Plan and the provision of the National Planning Policy Framework.

 

5.       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.  It shall provide for:

 

i)The parking of vehicles of site operatives and visitors

ii)The loading and unloading of plant and materials

iii)The storage of plant and materials used in constructing the development

iv)The erection and maintenance of security hoarding

v) Routing of delivery vehicles to/from site 

 

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

 

6.       Prior to occupation, full details of the boundary treatment to the development including dimensions and materials shall be submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatment shall thereafter be carried out prior to the first occupation of the dwelling and retained for the duration of the development.

 

          Reason: In order to ensure that boundary treatment does not have a detrimental impact on the long-term appearance of the site and harmonises with its surroundings in accordance with Policy SP5 of the adopted Local Plan and the provision of the National Planning Policy Framework.

 

66.

FUL/2022/0374 - Marvtech, Alpha House, North Street pdf icon PDF 476 KB

Additional documents:

Minutes:

Full Application

Proposed single storey building comprising of office and workshop

 

MARVTECH, ALPHA HOUSE, NORTH STREET, HAPTON

 

Decision

 

That the application be approved subject to the following conditions:

 

Conditions and reasons

 

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 below.

         

Application forms received 21st June 2022

Existing plans and elevations 001

Proposed Plans 002A

 

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

 

3.       No windows shall be inserted in the southern elevation of the approved building.

 

Reason: In the interest of residential amenity in accordance with Policy AP5 of Burnley Local Plan and the National Planning Policy Framework.

 

4.       Prior to the commencement of the development hereby approved, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing by the local planning authority.

 

a)    A preliminary Risk Assessment which has identified:

All previous (historical) uses

Potential contaminants associated with those uses

A conceptual model of the site including sources, pathways and receptors

Potentially unacceptable risks arising from contamination on the site

b)    A Site investigation Scheme, based on (a) above to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site

c)    Based on the Site investigation scheme and the detailed risk assessment (b), an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d)    A Verification Report providing details of the data that will be collected in order to demonstrate that the works set out in © are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for continency action.

 

Note any changes to these components, (a) to (d) require the express written consent of the Local Planning Authoity.

 

The scheme shall be implemented as approved above and, prior to commencement of any construction work (or such other date or stage in development as may be agreed in writing with the Local Planning Authority).

 

A Verification Report demonstrating completion of the works set out in the approved remediation strategy and effectiveness of that remediation shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of sampling any monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. The report shall also include a long- term monitoring and maintenance plan for longer-term monitoring of pollutant linkages, maintenance, and arrangements of contingency action, as identified in the Verification Report, and for the reporting of this in  ...  view the full minutes text for item 66.

67.

FUL/2022/0252 - Stipderden House Farm, Kebbs Road, Todmorden pdf icon PDF 374 KB

Additional documents:

Minutes:

Full Application for provision of four glamping units each for up to six people including hot tub, secure bike storage, electric vehicle charging point, a recycling/waste area, parking bay, associated landscaping and water treatment plant.

 

Stiperden House Farm, Kebbs Road, Todmorden.

 

Decision

 

The application be approved subject to the following conditions.

 

Conditions and reasons

 

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 below.

         

220121-01-00 Rev A Aerial View A2

220121-01-01 Rev B Location Plan A2

220121-01-03 Rev A Site Photographs A2

220121-01-04 Rev A Drainage Plan A1

220121-01-05 Pod Elevations A2

220121-01-06 Rev A Road and Access A1

220121-01-07 Rev A Visibility Plan A1

220121-01-08 Rev A Lighting Plan A1

220121-01-09 Rev A Artist Impressions A1

220121-01-10 Visibility Splay A1

220121 – Rev B Design and Access Statement

220121 – Rev A – Market Research

 

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

 

3.       The glamping pods hereby approved shall be used for short term holiday let accommodation only. The accommodation shall not be occupied by any one person or group for a period exceeding six weeks in any one calendar year, unless prior approved in writing by the local planning authority. The owner shall maintain a register of occupants for each calendar year which will be made available for inspection on request by the Local Planning Authority.

 

Reason: To define the planning permission and in order to protect the amenities of local residents in accordance with provision of the Burnley Local Plan. 

 

4.       Prior to the commencement of development details of levels shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details and retained as such thereafter.

 

Reason: In the interest of visual amenity and the landscape character in accordance with the provisions of Policy NE3 of the Burnley Local plan and the National Planning Policy Framework.

 

5.       Prior to the commencement of development scheme for the construction of the site access and the off-site works of highway improvement shall be submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority as part of a section 278 agreement, under the Highways Act 1980. The submitted scheme shall include, but is not limited to, the following: -

• Proposed new access

• Repositioning of street signage

• Closure of redundant access onto Kebbs Road

 

Reasons: To ensure traffic and highway safety in accordance with the provisions of Policy IC1 and IC2 of the Burnley Local Plan and the National Planning Policy Framework.

 

6.       Prior to the first use of the development hereby approved, visibility splays 2.4 metres back  ...  view the full minutes text for item 67.

68.

COU/2022/0495 - 268 Todmorden Road, Burnley, Lancashire pdf icon PDF 520 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Application to change the use of a dwelling (C3a) to a children's home for a maximum of four children, with two carers sleeping overnight, working on a rota basis (C2).

 

268 Todmorden Road Burnley Lancashire BB11 3EB

 

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

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; location plan, existing floor plans, block plan received 15/8/22 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.

 

 

69.

FUL/2022/0353 - Land off Claremont Street, Burnley, Lancashire pdf icon PDF 692 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Erection of 7no. new dwellings

 

Land Off Claremont Street Burnley, Lancashire, BB12 0HG.

 

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

1.         The development hereby permitted shall be begun before 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 be carried out in accordance with the following approved plans: location plan 001, proposed plans and elevations 026 Rev Cn and 027, site section 024 Rev A and proposed block plan 025 C unless otherwise agreed in writing by the local planning authority.

 

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 approved drawings received 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.

 

Highways

 

4.         No development shall take place, including any works of demolition or site clearance, until a Construction Management Plan (CMP) or Construction Method Statement (CMS) has been submitted to, and approved in writing by the local planning authority. The approved plan / statement shall provide:

  • 24 Hour emergency contact number.
  • Details of the parking of vehicles of site operatives and visitors.
  • Details of loading and unloading of plant and materials.
  • Measures to protect vulnerable road users (pedestrians and cyclists).
  • The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate.
  • Wheel washing facilities.
  • Measures to deal with dirt, debris, mud or loose material deposited on the highway as a result of construction.
  • Measures to control the emission of dust and dirt during construction.
  • Details of a scheme for recycling/disposing of waste resulting from

demolition and construction works.

  • Delivery, demolition and construction working hours.

The approved Construction Management Plan or Construction Method Statement shall be adhered to throughout the construction period for the development. Reason: - In the interests of the safe operation of the adopted highway during the demolition and construction phases.

Note: Construction Management Plan.

  • There must be no storage of materials in the public highway at any time.
  • There must be no standing or waiting of machinery or vehicles in the public highway at any time.
  • There must be no machinery operating over the highway at any time, this includes reference to loading/unloading operations – all of which must be managed within the confines of the site.
  • A licence to erect hoardings adjacent to the highway (should they be

proposed) may be required. If necessary this can be obtained via the County Council (as the Highway Authority) by contacting the Council by telephoning 01772  ...  view the full minutes text for item 69.

70.

Duration of Meeting

Minutes:

In accordance with Council Procedure Rule 8 members considered a motion for the meeting to continue beyond three hours to allow the remaining items of business to be concluded and it was RESOLVED accordingly.

 

71.

FUL/2022/0385 - 92 Marsden Road, Burnley, Lancashire pdf icon PDF 376 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

Erection of garden room with balcony over, construction of steps and hardsurfacing (Regularisation of work already started)

92 Marsden Road, Burnley, Lancashire BB10 2BL

 

 

Decision

 

That the application be approved subject to 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 approved plans listed below:

 

Drawing No. LW/001/01 – proposed layout, received 18.07.2022.

 

Drawing No. LW/002/01 – proposed elevations, received 18.07.2022.

 

Drawing No. LW/003/01 – pre-commencement works, received 18.07.2022.

 

Drawing No. LW/005/01 – pre-commencement layout/block plan, received 18.07.2022.

 

Drawing No. LW/006/01 – proposed site plan, received 18.07.2022.

 

Location Plan received 25.06.2022.

 

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

 

3.       Notwithstanding details shown on the approved plans, within 6 months of the date of the decision, details of surface drainage from the building roof and areas of hardstanding shall have been submitted to and approved by the Local Planning Authority and the approved scheme implemented. The scheme so approved shall be retained thereafter for the lifetime of the development.

 

Reason: To ensure that the development is drained effectively in a manner that will not increase the likelihood of surface water flooding, in accordance with Local Plan Policy CC5.

 

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no door, window, dormer window or rooflight other than those expressly authorised by this permission shall be constructed in the extension without Planning Permission obtained from the Local Planning Authority.

 

Reason: To ensure the privacy for adjacent occupiers, in accordance with Policy HS4 of the Local Plan and the NPPF.

 

5.    Notwithstanding details shown on the approved plans, windows in the elevation facing south shall be obscure glazed and so retained, to the satisfaction of the Local Planning Authority.

 

Reason: To ensure the privacy for adjacent occupiers, in accordance with Policy HS4 of the Local Plan and the NPPF.

 

6.    Notwithstanding details shown on the approved plans, the roof of the building so approved shall not be used for any purpose other than as a roof.  At no time shall it be used as a platform for seating, standing or other form of recreation, nor shall items other than those necessary for it to function as a roof be placed upon it.

 

Reason: To ensure the privacy for adjacent occupiers, in accordance with Policy HS4 of the Local Plan and the NPPF.

 

7.    Notwithstanding details shown on the approved plans, the screening feature shown on the top of the proposed building shall be erected within six months of substantial completion,  ...  view the full minutes text for item 71.

72.

COU/2022/0497 - 3 Woodplumpton Road, Habergham Eaves, Burnley pdf icon PDF 362 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Change of use of open land to garden

 

Land off 3 Woodplumpton Road, Burnley, BB11 2QT

 

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

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

 

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 the following drawing:

 

            Location Plan submitted 24.08.2022

 

3.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), no development as specified in Schedule 2, Part 1, Class E other than those expressly authorised by this permission, shall be carried out without express planning permission first being obtained from the Local Planning Authority.

 

4.         Notwithstanding details shown within the approved application, no works shall be undertaken to trees either on the site or adjacent and overhanging it without the prior written consent of the Local Planning Authority (LPA).  Likewise no works shall be undertaken that may compromise the health of trees both on the site and adjacent to it without the prior written consent of the LPA.  Any trees removed shall be replaced with others of a size, species, planting and aftercare specification to be agreed in writing by the LPA.

 

Reasons:

 

  1. 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.

 

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

 

  1. To enable the Local Planning Authority to control the development and to safeguard the character and visual amenity of the area.

 

  1. For the protection of trees in the interests of the amenity of the local area.

 

 

73.

FUL/2022/0486 - 328 Rossendale Road, Habergham Eaves, Burnley pdf icon PDF 357 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Construction of a dropped kerb from the footpath onto Rossendale Road

328 Rossendale Road, Burnley, Lancashire BB11 5JF

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

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

 

  1. The development shall be carried out in accordance with the following submitted Drawings:

 

Drawing No. A22/10/01A – location plan, received 12.08.2022

Drawing No. A22/10/02A – location plan II, received 12.08.2022

Drawing No. A22/10/03 – existing and proposed details, received 12.08.2022

 

3.    Before the parking area is used for vehicular purposes, it shall be surfaced in a solid yet porous material and so retained.

 

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.

 

Reasons:

 

1.  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.   To ensure continued compliance with the Development Plan.

 

3.   To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to road users.

 

4.   To ensure the adopted highway is not obstructed or becomes hazardous to other road users, in the interests of highway safety.

 

74.

HOU/2022/0474 - 41 Lower Mead Drive, Burnley pdf icon PDF 372 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Proposed single storey side extension and new conservatory to the rear.

 

41 Lower Mead Drive, Burnley, Lancashire, BB12 0ED.

 

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

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

 

  1. The development shall be carried out in accordance with the following submitted Drawing:

 

Drawing No. SK 01 – location, existing and proposed plan, received 08.08.2022.

 

3.    Notwithstanding details shown within the submitted planning application, the extension shall be faced and roofed with materials to match those of the host dwelling, and so retained.

 

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no door, window, dormer window or rooflight other than those expressly authorised by this permission shall be constructed in the extension without Planning Permission obtained from the Local Planning Authority.

 

5.    Notwithstanding any details shown on the approved plans. There shall be no windows inserted in the front or side elevations of the extension hereby approved without Planning Permission having first been granted by the Local Planning Authority.

 

Reasons:

 

1.  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.  To ensure continued compliance with the Development Plan.

 

3.  In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality in accordance with Policy SP5 of the Local Plan, and the NPPF.

 

4. To ensure the privacy for adjacent occupiers, in accordance with Policy HS4 of the Local Plan and the NPPF.

 

5. For the avoidance of doubt and to clarify the scope of the consent.

 

 

Notes:

 

1.    The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards.  If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848.

 

75.

TPO/2022/0492 - St Peter's Church, Church Street, Burnley pdf icon PDF 468 KB

Additional documents:

Minutes:

Town and Country Planning Act 1990

 

Work to the following trees covered by TPO B135(J) St. Peters, Church Street 1991:

T1 Horse Chestnut, T2 Horse Chestnut, T3 Lime, T4 Horse Chestnut, T5 Horse Chestnut, T6 Horse Chestnut, T10 Horse Chestnut, T11 Sycamore, and T8 and T9 Ash (remove & replace). St Peters Church, Church Street, Burnley

 

Decision

 

That the application be approved subject to the following conditions.

 

Conditions and reasons

 

1.    The tree work must be completed within 2 years from the date of this permission.

 

Reason: Pursuant to Regulation 17 (4) of the Town and County Planning (Tree Preservation) (England) Regulations 2012.

 

2.    The tree work is restricted to the felling of two trees T8 and T9 (Ash trees), and the pruning of eight trees T1, T2, T3, T4, T5, T6, T10, T11 (six Horse Chestnut trees, one Lime tree and one Sycamore tree) as detailed within the submitted application.

 

Reason: In order to keep control of tree work in the interests of the amenity of the area.

 

3.    Details of the proposed position, size, and species of two replacement trees shall be submitted to the Local Planning Authority within 28 days from the date of this decision for prior written approval. The planting of the replacement trees shall be carried out within the next planting season following the felling of the trees and shall thereafter be maintained in accordance with good horticultural practice and be replaced within 3 months if they die. The replacement trees will be protected by the existing Tree Preservation Order. Confirmation of the date the replacement trees are planted shall be sent to the Local Planning Authority.

 

Reason: In order to maintain a continuation of tree cover in the area.

 

4.    The tree work must be carried out to British Standards.

 

Reason: In order that the work is completed to a suitable standard.

76.

Decisions taken under the Scheme of Delegation pdf icon PDF 113 KB

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

Minutes:

Members received for information a list of decision taken under delegation for the period 26th August 2022 to 28th September 2022.

77.

Planning Performance - Quality of Decision making on Major Applications pdf icon PDF 192 KB

To consider a report on current performance on the quality of major planning decision making as recorded and published by the Department for Levelling Up, Housing and Communities.

Minutes:

Members noted for information a report on the current performance on the quality of major planning decision making as recorded and published by the Department for Levelling Up, Housing and Communities. A training session for members of the committee had been held earlier in the month and a further session would be arranged shortly for the benefit of those who had been unable to attend the first.

78.

Appeal Decisions pdf icon PDF 514 KB

To receive the outcomes of appeals against decisions by Burnley Borough Council.

Additional documents:

Minutes:

Members received for information two Appeal Decisions made by The Planning Inspectorate.