Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Graham, Inckle and Steel.

To approve as a correct record the Minutes of the previous meeting, held on 13^th April 2023.

The Minutes of the last meeting held on 13^th April 2023 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:

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

Former Dexter Paints, Gannow Lane, Burnley

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 4^th March 2022
• Location Plan received 4^th March 2022
• Existing site Plan 03 received 4^th March 2022
• Street Views Plan 07 received 4^th March 2022
• Proposed Sections 12 received 13^th June 2022
• Access Layout J1409 Access Fig 1 received 13^th June 2022
• Amended Proposed Plans and Elevations 03A received 6^th October 2022
• Amended Proposed Plans and Elevations 04B 05B received 22^nd Jan 2023
• Amended Proposed Site Plan DWG 02 B received 22nd Jan 2023 
• Planning and Design and Access Statement received 4^th March 2022
• Preliminary Ecological appraisal received 4^th March 2022
• Preliminary Risk Assessment received 4^th March 2022
• General Road Layout ref R02a received 20^th April 2023
• Road Construction Details R01 received 20th April 2023
• Road Adoption Area Plan received 20th April 2023 

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

Application for Listed Building Consent

Restoration of Ceiling to Council Chamber (Retrospective)

Town Hall, Manchester Road, Burnley

Decision

That the application be approved subject to the following conditions.

Conditions and Reasons:

1.     The works hereby permitted shall begin before the expiration of three years from the date of this consent.

Reason: As required by 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 specifications as indicated on the approved drawings except where modified by the conditions of this consent. The approved drawings are: Y91/200 (Proposed Works: Council Chamber Roofspace) received 16 January 2023.

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: In order to safeguard the special architectural or historic interest and heritage significance of the building and comply with Policy HE2 of Burnley’s Local Plan (July 2018).

4.     Any works of making good to the retained fabric, shall be finished to match the adjacent work with regard to the methods used and to colour, material, texture, and profile, except where indicated otherwise on the drawings hereby approved

Reason: In order to safeguard the special architectural and historic interest of the listed building and to comply with Policy HE2 of Burnley’s Local Plan (July 2018).

Town and Country Planning Act 1990

15 Wasdale Close, Padiham, Burnley, Lancashire, BB12 8NJ

Proposed bay window extension to front elevation, front dormer extension (width 900mm) and cladding, re-roof with smooth tiles. Installation of external insulation to all elevations with a k-rend finish.

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: 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 shall be carried out in accordance with the submitted application form received 24^th April 2023 and the following submitted Drawings:

Drawing No. 616/01 - Existing plans, received 24.04.23

Drawing No. 616/02, - Existing elevations, received 24.04.23

Drawing No. 616/03, - Proposed plans, received 24.04.23

Drawing No. 616/04, - Proposed elevations, received 24.04.23

Drawing No. 616/05, - Site plans, received 24.04.23

Drawing No. 616/06, - Location plan, received 24.04.23

Reason: To ensure continued compliance with the Development Plan.

3.     The new window opening on the side elevation facing No. 17 Wasdale Close shall be obscurely glazed and shall thereafter be retained with obscure glass. No new windows shall be installed in this elevation without a further planning permission being granted.

Reason: To protect the privacy of the occupiers at No. 17 Wasdale Close and in the interest of residential amenity, and to accord with Local Plan Policies SP5, HS4 and HS5.

4. No materials shall be used on the external elevations or roof of the proposed development other than those referred to on the submitted application form and the approved plans, and so retained.

Reason: 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.

Article 35 Statement:

The Local Planning Authority has acted positively in determining this application, in accordance with paragraph 38 of the National Planning Policy Framework by assessing the proposal against relevant planning policies and all material considerations. The nature of the proposal has not necessitated any liaison with the applicant prior to determining to grant planning permission in accordance with the presumption in favour of sustainable development.

Informative Notes:

1. The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth.  These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites.  Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place.   

Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks.  As a  ...  view the full minutes text for item 7.

Town and Country Planning Act 1990

Improvements to access arrangements to front and rear of the school and modifications to the existing car park

Broadfield Specialist School, (Former Hameldon Community College), Coal Clough Lane, Burnley, BB11 5BT

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 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.

·        Drawing No. 217105-AFL-XX-00-A-00002 C3 – existing site plan, received 29.11.2022

·        Drawing No. 217105-AFL-XX-00-A-00003 C4 – demolitions plan, received 29.11.2022

·        Drawing No. 217105-AFL-XX-00-A-00004 C5 – proposed site plan, received 29.11.2022

·        Drawing No. 217105-AFL-XX-00-A-00005 C4 – proposed car park plan, received 29.11.2022

·        Design & Access Statement, received 20.11.2022

3.        Notwithstanding details shown within the approved application, details of surface water drainage shall be submitted to, approved in writing and duly implemented prior to creation of additional impermeable surfacing.

           Reason: In the interests of proper drainage of the site and to accord with the provisions of the NPPF.

To receive for information a list of delegated decisions taken between 30^th March and 26^th May 2023.

Members received for information a list of decision taken under delegation for the period 30^th March 2023 to 25^th May 2023.

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

Members received for information an update on appeal decisions received between 31^st March 2023 and 31^st May 2023.

To note the revised Planning Enforcement Plan.

Members received for information the council’s revised Planning Enforcement Plan. They commended it as an excellent plan and thanked officers for their work on it.