Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Chaudhary, Mottershead and Royle.

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

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

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.

There were no declarations of interest in any of the items on the agenda.

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:

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

Town and Country Planning Act 1990

Full planning application for the erection of 200 no dwellings and associated works

Hollins Cross Farm, Woodplumpton Road, Burnley

A motion to delegate to the Head of Housing and Development Control to approve the application subject to the conditions set out in the report and the update report, the s106 agreement to secure the matters noted at the end of the report and no objection being received form the Lead Local Flood Authority following the consideration of the late submission, was moved and seconded.  On being put to the vote the motion was declared to be lost.

A motion was then moved and seconded to defer the item in light of the late submission which not all members of the committee had seen or had had a chance to consider.

DECISION

That the item be deferred to allow time for all parties to be provided with a copy of the late submission and for the subsequent response from the Lead Local Flood Authority to be included in the report for consideration by the committee.

Town and Country Planning Act 1990

Full application for proposed Class E(g) and B2 units (20), including access, service yard and parking

Land off Rossendale Road, Burnley

DECISION

That the application be delegated to the Head of Housing and Development Control to approve subject to a Unilateral Undertaking under s106 of the Town and Country Planning Act and 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 10/5/22

Site Plan 19.101.003AN

Location Plan 19.101.004E

Site Sections 191.101.005 C

Key Plans 19.101.01.001 F, 19.101.02 001 G, 19.101.04.001D

Planting Plan 019.001 V5

Bin details 19.101.008A

Drainage details 210SS DR C 0102 )4

BREEAM and HQM Ecology Assessment Issues June 202 (and additional content)

Construction and Environmental Management Plan 

BREEAM Plan 03.05.2022

BREEAM Open Assessment Report Rev 1.2

Cycle shelter and stand specification sheets 10/5

Drainage calculations 10/5

Breeding Bird Assessment Report BOW 17.1085

Ecological Appraisal V1

Coal Mining Risk Assessment

Flood Risk Assessment and Drainage Management Scheme (16th May 2022, Ref. HYD457_ROSSENDALE.ROAD_FRA&DMS, Betts Hydro)

Planning Statement 

Travel Plan and Transport Assessment 

Ground Risk Assessment

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

Use of the development

3.         The office use incorporated within the scheme shall remain ancillary to the main Class E (g) and B2 uses of the development hereby approved. 

Reason: To ensure adequate parking is provided in accordance with Policy IC3 of the Burnley Local Plan and the provisions of the National Planning Policy Framework.

Contamination

4.         At a stage in development to be agreed in writing with the Local Planning Authority prior to commencement of development, 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: 

1. A Preliminary Risk Assessment which has identified: all previous (historical) uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; potentially unacceptable risks arising from contamination at the site. 

2. A Site Investigation Scheme, based on (1) above to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 

3. Based on the Site Investigation Scheme and the detailed risk assessment (2), an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 

Note: Any changes to these components, (1) to (4) require the express written consent of the Local Planning Authority. 

The scheme shall be implemented as approved above and, prior to commencement of any construction work (or  ...  view the full minutes text for item 101.

Town and Country Planning Act 1990

Erection of five detached dwellings with access from Southern Court

Land at Southern Court, Burnley

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 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.       Details and/or 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 prior to any development being commenced.  The development shall thereafter be carried out in accordance with the approved materials.

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 details are required prior to the commencement of built development to ensure that the details are satisfactory and can be implemented at the appropriate stage of the development.

4.       Prior to any site clearance or commencement of development, the following shall be submitted to and approved in writing by the Local Planning Authority:-

a) an Arboricultural Method Statement and Tree Protection Plan to provide details for mitigation measures and methods of construction and protective fencing  in relation to the retained trees within, on, or adjacent to the boundaries of the development site which shall include the ash tree and sycamore tree at 21 Stephenson Drive; and,

b) a service plan to demonstrate that all service runs and drainage is routed outside of the Root Protection Areas of retained trees.

The development shall not be commenced until protective fencing to protect retained trees has been erected in accordance with the approved Tree Protection Plan and 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 of the retained trees. The development shall be carried out strictly in accordance with the methods of construction and protection measures in the approved Arboricultural Method Statement and Tree Protection Plan at all times for the duration of the development.

Reason: To ensure appropriate construction methods, avoidance of Root Protection Areas for service runs and tree protection measures, in order to safeguard the long term health of trees that make a significant contribution to visual amenity, in accordance with Policy NE4 of Burnley`s Local Plan (July 2018).  The measures and details are required prior to the commencement of development in order that the retained trees are adequately protected at all times.

5.  ...  view the full minutes text for item 102.

Town and Country Planning Act 1990

Redevelopment of former school site with residential development of 19 no. one bedroom bungalow and staff unit to provide supported living and construct new vehicular access from Victoria Road

Former Padiham County Primary School site, Burnley Road, Padiham

DECISION

That the application be delegated to the Head of Housing & Development Control to approve subject to the applicant entering into a section 106 Obligation to secure a contribution to public open space improvement and to secure a Management and Maintenance Plan for the estate roads of the development and 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.       The approved bungalows shall be occupied only as a dwelling under Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any subsequent equivalent to that provision and any level of assisted support for occupiers of those dwellings shall be wholly incidental to the approved Class C3 use.

Reason:  To ensure the satisfactory implementation of the proposal which has been assessed on the details of the proposed use of Class C3 only, a deviation from which would need to be re-assessed, in accordance with Policies HS4, SP5 and IC3 of Burnley`s Local Plan (July 2018).

4.       The proposed staff unit shall be used solely for the purposes of providing a rest room, office and overnight facilities for a member of staff employed to provide support for the occupiers of the Class C3 dwellings hereby permitted and shall not be used for any other purpose.

Reason:  To ensure the satisfactory implementation of the proposal; the size of the unit would make it unsuitable for a dwelling and any other use would need to be re-assessed, in accordance with Policies SP5, HS4 and IC3 of Burnley`s Local Plan (July 2018).

5.       The approved bungalows shall be constructed as a one bedroom dwelling only as indicated on the approved plans and shall remain as such in perpetuity.

Reason: The development has been assessed on the basis of one bedroom units only and any increase in this number would be need to be re-assessed in respect of car parking provision and its likely impact on on-street parking.

6.       Prior to the commencement of development, details and representative samples of the external materials of construction, which shall be natural stone and natural slate, 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  ...  view the full minutes text for item 103.

Town and Country Planning Act 1990

Removal of existing garage to make way for single storey extension and courtyard garden with off-road parking

154 Casterton Avenue, Burnley, Lancashire, BB10 2PE

DECISION

That the application be approved subject to the following conditions:

CONDITONS

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

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

·       Drawing No. 2166-01 – existing plans, received 25.11.2022

·       Drawing No. 2166-02 – existing elevations, received 25.11.2022

·       Drawing No. 2166-03 – proposed plans, received 25.11.2022

·       Drawing No. 2166-01 – proposed elevations, received 25.11.2022

3.    Before the parking area is used for vehicular purposes, it shall be surfaced in permeable tarmacadam, concrete, block paviors, or other hard material, and so retained for the lifetime of the development.

4.    The parking area shall be retained for that purpose in association with the residential occupation of No. 154 Casterton Avenue, to the satisfaction of the Local Planning Authority.

5.    Notwithstanding details shown within the application, this permission shall not relate to boundary walls indicated in blue on Drawing No. 2166-03.

6. 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 any elevation of the extension without Planning Permission obtained from the Local Planning Authority.

7. 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.

8. The surface water from the approved driveway/hardstanding/car park should be collected within the site and drained to a suitable internal outfall. Prior to surfacing of the car park area, details of the drainage strategy shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

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 retention of adequate off-street parking provision for occupants of No. 154 Casterton Avenue, and to avoid domestic vehicles parking on the public highway, in the interests of highway safety.

5.  For the avoidance of doubt.

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

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

8.   In the interest of highway safety to prevent water from discharging onto the public highway.

Notes:

1. This consent requires the construction, improvement,  ...  view the full minutes text for item 104.

To receive for information a list of delegated decisions taken between 29^th November 2022 and 9^th January 2023.

Members received for information a list of decisions taken under delegation from 29^th November 2022 to 9^th January 2023.

To receive an update on the Council’s work programme of planning enforcement.

Members received for information an update on the Council’s work programme of planning enforcement between 1^st October 2021 and 31^st October 2022.