Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Hurt and Kazmi.

To approve as a correct record the Minutes of the last meeting, held on 9^th June 2022.

The Minutes of the last meeting held on 9^th June 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.

Councillor Graham declared a personal interest in agenda item 6(e) [minute no 21] as she knew one of the members of the public who had come to address the committee about this item. She withdrew from the meeting for the duration of the item and took no part in the discussion or vote thereon.

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 the appendix to these minutes.

Town and Country Planning Act 1990

Proposed solar farm (10 MW) with associated infrastructure and perimeter fence (25 ha) (Affects Public Footpath Nos. 26, 82, 83, 84, Cliviger and Public Bridleway No. 112, Cliviger)

Coal Clough Windfarm, The Long Causeway, Cliviger, Burnley.

Decision

That approval be delegated to the Head of Housing and Development Control subject to a s106 Agreement to secure off-site habitat management and the following conditions:

Conditions and reasons for 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.       Prior to the commencement of development, a detailed Construction Environment Management Plan (CEMP) to provide further details of an Ecological Clerk of Works and other measures and content of the submitted Outline Construction Environment Plan (prepared by Arcus, revised March 2022) shall be submitted to and approved in writing by the Local Planning Authority.  The submitted CEMP shall also include additional surveys to confirm the status and nest location of short-eared owls and, if appropriate, further safeguards to avoid disturbance to nesting short-eared owls.  The measures and controls contained within the approved CEMP shall be implemented prior to any site clearance or development being commenced and retained in their entirety for the duration of the development until the end of the decommissioning of the site.

Reason:  To protect the ecology of the site during the construction period, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The Plan is required prior to the commencement of development to ensure that the measures are implemented prior to any works taking place which is necessary for the conservation of potentially affected birds and other wildlife.

4.       No construction work or other ground works or removal of vegetation shall take place at any time unless all the measures for the avoidance of harm to nesting birds, as described at section 6.4 of the submitted Ornithological Impact Assessment (prepared by Arcus, Version 3.0, March 2022), have been satisfied in full.

          Reason: To ensure that there is no harm to nesting birds which are protected by the Wildlife and Countryside Act 1981 and in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

5.       No construction work or other ground works or removal of vegetation shall take place either prior to or during the construction of the development without full compliance with the Reasonable Avoidance Measures to safeguard amphibians as set out at section 4.4.2 of the submitted Ecological Impact Assessment (prepared by Arcus, July 2021).

          Reason:  To take account of a low risk that Great Crested Newts and other amphibians could be encountered during works  ...  view the full minutes text for item 17.

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

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 dated 18/11/21, Proposed plans FR03, proposed site plan FR02

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

3.               There shall be no more than 4 cars utilising the designated car park at any onetime.

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

4.               The maximum number of dogs allowed on the development at any one time shall be limited to four, with dog owners to be present at all times.

Reason: to ensure there is no unacceptable adverse impact on the amenity of neighbouring occupants or adjacent land users in accordance with policy SP5 of Burnley`s Plan.

5.               All external equipment used in association with the dog walking meadow shall only be located within the designated area as shown on proposed site plan FR02 and shall not be moved without prior consent from the local planningauthority.

Reason: In order to protect the rural character of the open countryside in accordance with policy SP4 of Burnley’s adopted Local Plan.

6.               The use hereby permitted shall only be open for customers between the following hours:

08:00 - 19:30 Mon - Fridays

08:30 - 18:00 Saturdays, Sundays and Bank Holidays

All customers must have booked in advance of any exercise visit. A booking slot shall last 50 min and 1, 10 minute gap in between booking slots.

Reason: In order to protect the rural character of the open countryside and to protect the amenity of surrounding uses in accordance with policies SP4 and NE5 of Burnley’s adopted Local Plan.

Decision

That the application be approved subject to the following conditions.

Conditions and reasons for conditions

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

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:

Proposed Elevations and Floor Plans: ALI/M/01/ Dwg no 04F Proposed Site Plan: AL/01 Dwg 03E

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.

4.  The landscaping proposals hereby approved dwg no 03E shall be implemented in the first planting season following occupation or use of the development, whether in whole or part and shall be maintained thereafter for a period of not less than 10 years to the satisfaction of the Local PlanningAuthority.

This maintenance shall include the replacement of any tree or shrub which is removed, or dies, or is seriously damaged, or becomes seriously diseased, by a species of similar size to those originally planted.

Reason: In the interests of visual amenity.

5.  Before the widened parking area is used for vehicular purposes, it shallbe appropriately paved in tarmacadam, concrete, block paviours, or other hard material to be approved by the Local PlanningAuthority.

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

6.  Nothing shall be erected, retained, planted and / or allowed to grow at orabove a height of 0.9 metres above the nearside carriageway level which would obstruct the visibility splay of the proposed parking area. The visibility splays shall be maintained free of obstruction at all times thereafter for the lifetime of the development.

Reason: To ensure adequate inter-visibility between highway users at the street junction or site access, in the interests of highway safety.

7.  The parking facilities shall include provision of an electrical supply suitable for charging an electric motorvehicle.

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

The Chairman reported that this item had been withdrawn from the agenda.

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

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

Drawing described as Detached Shed, scale 1:50 Received 1st April 2022 Drawing described as Site Plan 1:500 and Location Plan 1:1250 Received 1st April 2022

3.       Notwithstanding details shown within the application, within 28 days of the date of this approval the shed shall be painted or stained a dark neutral colour, to be agreed in writing by the Local Planning Authority and soretained.

4.       Notwithstanding details shown within the application, within 28 days of the date of this approval details of a scheme of planting (and maintenance thereof)shall be submitted to and approved in writing by the Local Planning Authority. This planting scheme shall have the effect of breaking up the outline of the shed when viewed from public vistas. The planting scheme shall be implemented during the next available planting season and retained/maintained for the lifetime of the shed.

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 Act2004.

2.      To ensure continued compliance with the DevelopmentPlan.

3.      In the interests of visual amenity and to ensure compliance with Local Plan Policies SP4 andSP5.

4.      In the interests of visual amenity and to ensure compliance with Local PlanPolicies SP4 and SP5.

1.       The development to which this permission relates must be begun not later than the expiration of three years from the date of thispermission.

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; 2261 001 static office and site location plan (6/1/22), 2261 002 rev A(17/6/22).

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

3.               The surface water from the approved hardstanding/car park should be collected within the site and drained to a suitable internal outfall. Prior to commencement of the development 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 approveddetails.

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

4.               Before the access is used for vehicular purposes, any gateposts erected at the access shall be positioned 5m behind the nearside edge of the highway and visibility splay fences or walls shall be erected from the gateposts to the existing highway boundary, such splays shall be 45° to the centre line of the access. The gates shall open away from the highway. Should the access remain un-gated 45° splays shall be provided between the highway boundary and points on either side of the drive measured 5m back from the nearside edge of thehighway.

Reason: To permit vehicles to pull clear of the carriageway when entering the site and to ensure adequate inter-visibility between highway users when exiting, in the interests of highway safety.

5.               No building or use hereby permitted shall be occupied or the use commenced until the parking area serving the car sales as detailed on plan 002 Rev A (rec 17/6/22) have been surfaced or paved. The car parking spaces and manoeuvring areas shall be clearly marked out and shall thereafter be kept free of obstruction and available for the parking cars at alltimes.

Reason: To allow for the effective use of the parking areas.

6.               No external lighting shall be installed on site unless details of such lighting, including the intensity of illumination and predicted lighting contours, have been first submitted to, and approved in writing by, the Local Planning Authority.

Reason: In order to protect the amenity of surrounding uses in accordance with policies SP4 and NE5 of Burnley’s adopted Local Plan.

7.               The use hereby permitted shall only be open for customers between thefollowing hours:

09:00 - 17:00pm Mon - Saturday

09:00 - 16:00 Sundays and Bank Holidays  ...  view the full minutes text for item 22.

Decision

That the application be approved subject to the following conditions.

Conditions and reasons for conditions

1                         The development to which this permission relates must be begun not laterthan the expiration of three years from the date of thispermission.

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 approvedplans listed on this notice below.

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

3                          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 1995 (or any order revoking orre-enacting that Order with or without modification), no windows shall be constructed in the elevation of the extension which faces towards no.62 Fairfield Drive without Planning Permission obtained from the Local Planning Authority.

Reason: To ensure the continued protection of privacy for adjacent occupiers, in accordance with policies HS5 and SP5 of Burnley`s Local Plan July 2018.

4                       Before the access is used for vehicular purposes, that part of the access extending from the highway boundary for a minimum distance of 5m into the site shall be appropriately paved in tarmacadam, concrete, block paviours, or other hard material to be approved by the Local PlanningAuthority.

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

5                    No building or use hereby permitted shall be occupied until drop kerbs have been installed at the carriageway edge and a vehicle cross-over constructed across the footway fronting the site in accordance with the approved plans and the Lancashire County Council Specification for Construction of Estate Roads,to be retained in that form thereafter for the lifetime of thedevelopment.

Reason: In the interests of pedestrian safety and accessibility.

Decision

That the application be approved subject to the following conditions.

Conditions and reasons for conditions

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

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

Drawing No. 2030 01B – Front elevation illustration received on 08.06.2022

Drawing No. 2030 02C – Existing & proposed site plan received on 08.06.2022

Drawing No. 2030 03C – Block plan received on 08.06.2022

Drawing No. 2030 04 – Existing floor plans received on 08.06.2022

Drawing No. 2030 05C – Proposed floor plans received on 08.06.2022

Drawing No. 2030 06 – Existing elevations received on 08.06.2022

Drawing No. 2030 07C – Proposed elevations received on 08.06.2022

Drawing No. 2030 01B – Front elevation illustration received on 08.06.2022

Drawing No, 2030 100 – Location plan received 19.04.2022

3.       Notwithstanding details submitted with the application, the extension shallbe faced with stone and render to match the existing dwelling, and soretained.

4.       Notwithstanding details submitted with the application, the extension shallbe roofed in slate to match the existing dwelling, and soretained.

5.       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 window, dormer window or rooflightother than those expressly authorised by this permission shall be constructed in the elevation facing north without Planning Permission obtained from the Local PlanningAuthority.

6.       Prior to first occupation of the extension, a charging point for electric vehicles shall be included, and this shall be fitted in line with the DfT guidance regarding Electric Vehicle Charging in Residential and Non-residential buildings, which states: - charge points must have a minimum power rating output of 7kW, be fitted with a universal socket that can charge all types of electricvehicle.

Reasons:

1.       Required to be imposed by Section 91 of the Town and CountryPlanning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act2004.

2.       To ensure continued compliance with the DevelopmentPlan.

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 ofthe Local Plan, and the NPPF.

4.       In order thatthe LocalPlanning Authoritymay ensurethat thematerials tobe used areappropriate tothe localityin accordancewith PolicySP5 ofthe Local Plan, and theNPPF.

5.       To ensure the privacy for adjacent occupiers, in accordance with PolicyHS4 of the Local Plan and the NPPF.

6.       In the interests of sustainability and to accord with the provisions of 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 for the period 27^th May 2022 to 14^th June 2022.