Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllr Alan Hosker.

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

The Minutes of the last meeting were approved as a correct record and signed by the Chair.

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 John Nixon (For)            FUL/2022/0136 – Former Dexter Paints Site

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

Town and Country Planning Act 1990

Proposed residential development comprising 36no elderly bungalows, landscape, access and associated works.

Decision

That the application be delegation to the Head of Housing and Development Control to approve subject to securing ongoing management and maintenance of the internal road layout through S106 obligation and the conditions listed below:

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 March 2022

Location Plan received 4th March 2022

Existing site Plan 03 received 4th March 2022

Street Views Plan 07 received 4th March 2022

Proposed Sections 12 received 13th June 2022

Access Layout J1409 Access Fig 1 received 13th June 2022

Amended Proposed Plans and Elevations 03A 04B 05B

Amended Proposed Site Plan DWG 02 B

Planning and Design and Access Statement received 4th March 2022

Preliminary Ecological appraisal received 4th March 2022

Preliminary Risk Assessment received 4th March 2022

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

3.         The development hereby approved shall be restricted to over 55s accommodation only.

Reason: Acceptability of the development is in accordance with the occupancy of the units being over 55s only in accordance with the provisions of the Burnley Local Plan and the National Planning Policy Framework. 

Materials

4.         Prior to their use in the development hereby approved, details of the materials to be used for the external walls, roofs and boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The materials shall then be retained as agreed for the duration of the development.

Reason: In the interest of visual amenity and the securing a high quality development, in accordance with the provisions of Policy SP5 of the Burnley Local plan and the provisions of the National Planning Policy Framework.

Contamination condition

5.         Prior to commencement of the development hereby approved (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), 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. The Preliminary Risk Assessment carried out by Worms Eye has identified potential risks to future site users.

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.  ...  view the full minutes text for item 110.

Town and Country Planning Act 1990

Change of use from dwellinghouse to HMO for more than 6 people (Sui Generis)

Decision

That the application be approved subject to the following conditions

Conditions and Reasons

1.         The development must commence no 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 undertaken in accordance with the following Plans:

Drawing No. EX-01 – Location plan, received 06.12.2022

Drawing No. EX-02 – Existing floor plan, received 06.12.2022

Drawing No. PL-01 – Proposed floor plan, received 06.12.2022

Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

3.         Notwithstanding details shown on the approved plans, the building shall not be occupied until details of secure bin storage facilities have been submitted to and approved in writing by the Local Planning Authority.  Bin storage facilities shall as a minimum be able to accommodate 2 x 240 litre bins plus a white sack and a blue box, in accordance with the Council’s HMO Standards 2018.

Reason:  To ensure that sufficient provision is made for the storage of bins, in accordance with Local Plan Policy SP5.

4.         Notwithstanding details shown on the approved plans, the building shall not be occupied until details of secure bicycle storage facilities for 4 adult sized bicycles have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided prior to occupation and thereafter retained as such.

Reason:  To ensure that sufficient provision is made for the secure storage of bicycles, in accordance with Local Plan Policies SP5, IC3 and the NPPF.

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

Members received for information a list of decisions taken under delegation.

An enquiry regarding HOU/2022/0637 was raised.  The member to provide further information to the Planning Team and the issue investigated further.

Proposed diversion of part of Public Footpath No. 12 (Hapton) (under section 257 of the Town and Country Planning Act 1990)

Decision

That the Head of Legal and Democratic Services be authorised to make an Order under section 257 of the Town and Country Planning Act 1990 to divert public footpath no.12 (Hapton) as indicated on the submitted plan and in the event that there are outstanding objections following a period of consultation and negotiation, to refer the Order to the Secretary of State for determination.

Reason

Subject to the approval of Reserved Matters subsequent to an outline planning permission to develop this site, to allow the carrying out of development on an allocated employment site where the alternative route would provide a reasonable and practical diversion.