Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillor Fleming.

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

The Minutes of the last meeting held on 19^th October 2017 were approved as a correct record and signed by the Chair.

Councillor Trish Ellis declared a pecuniary interest in item APP.2017/0294, 3 Hill Crest Avenue, Burnley.  She left the room during consideration of this item and took no part in the debate or vote on the matter.

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 minutes below.

Outline Planning Application Outline application for residential development for up to 18 dwellings including details of access (all other matters reserved for future approval)

LAND AT BROWNSIDE ROAD BURNLEY

Decision: That planning permission be delegated to the Head of Housing and Development Control to approve subject to a section 106 Agreement to provide for contributions to affordable housing, education, open space improvements, sustainable travel and the following conditions:

Conditions:

1.    Details of the layout, appearance, landscaping and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

2.    Application for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

3.    The development hereby permitted shall begin not later than whichever is the later of the following dates: (a) the expiration of three years from the date of this Page 33 permission; or (b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

4.    The development hereby permitted shall be carried out in accordance with the following approved plans: Loc1 and Highwayaccess1, received on 9 August 2017.

5.    All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.

6.    The landscaping scheme to be submitted with the Reserved Matters submission shall include a tree retentions and removal plan and provide for new tree planting along the site's frontage with Brownside Road and along the site's western boundary.

7.    No development shall be commenced until a scheme for the means of protecting trees and hedges which are to be retained within and immediately adjacent to the site, in accordance with BS 5837 (2012), including the protection of root structures from injury or damage prior to and during the development works, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also provide for 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 or hedges. The approved scheme of protection measures shall be implemented in its entirety before any works are carried out, including any site clearance work, and thereafter retained during building operations until the completion of the development.

8.    No removal of or works to  ...  view the full minutes text for item 52.

Full Planning Application

Variation of condition 6 (relating to operating hours of 9.30am to 7pm on any day) of planning permission APP/2016/0007 to change the operating hours to 11.00am to 9pm Sunday to Thursday and Bank holidays and 11.00am to 9.30pm on Friday and Saturday

318 PADIHAM ROAD, BURNLEY

Decision: That planning permission be granted subject to the following conditions:

The Councillors who voted for approval were as follows

M Brindle, Ellis, Graham, Harbour, Johnstone, A Khan, L Khan, Payne, Raja, Tatchell, Towneley

Conditions:

The hot food take-away shall not operate outside the hours of 11am to 9pm Sunday to Thursday and Bank Holidays and outside 11am and 9.30pm on Friday and Saturday.

Reasons:

 To protect the amenities of nearby residents, in accordance with policies CF13, GP1 and H12 of the Burnley Local Plan Second Review and policy TC7 of the emerging Local Plan.

Full Planning Application

Proposed change of use from residential dwelling (Use Class C3) to supported housing scheme (Use Class C2)

383 PADIHAM ROAD BURNLEY

Decision:  That planning permission be granted subject to the following conditions:

Conditions:

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 application drawings, namely: 1:1250 location plan, plan drawings 3565 sk01 (Existing Floor Plans); 3565 sk02 (Proposed Floor Plans), received 26 September 2017.

3. The premises shall be used for supported housing (as described in Section 4, paragraphs 4.1 to 4.5, of the submitted Planning Statement) and for no other purpose including any purpose within Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order with or without modification, and otherwise the building shall revert to use as a single dwelling house.

4. For service users at the start and end of a period of occupancy at the proposed premises only, there shall be no arriving or departing between the hours of 2200hrs and 0800hrs.

5. No construction work shall take place on the development hereby approved outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturday and not at any time on Sundays and Bank Holidays. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days’ notice to the Local Planning Authority.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure that the development remains in accordance with the development plan.

3. To enable the local planning authority to consider any future change having regard to policy H12 of the Burnley Local Plan, Second Review and any other material considerations.

4. To protect the amenities of nearby residents in accordance with policies H3, H12 and H13 of the Burnley Local Plan, Second Review.

5. To protect the amenities of nearby residents, during the construction period, in accordance with policies H3, H12 and H13 of the Burnley Local Plan, Second Review

Full Planning Application

Proposed erection of 1 detached dwelling (resubmission of APP/2016/0436)

261 ROSSENDALE ROAD, HABERGHAM EAVES

Decision: That planning permission be granted subject to the following conditions:

Conditions:

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

2. The development hereby permitted shall be carried out in accordance with the following approved drawings: 005-4, 005-03, 005-02, 005-01 received 30th August 2017.

3. The layout of the development shall include provisions to enable vehicles to enter and leave the highway in forward gear and such provisions shall be laid out in accordance with the approved plan and vehicular turning space shall be laid out and be available for use before the development is brought into use and maintained thereafter.

4. Prior to work commencing on site a construction management plan is produced for approval. This should highlight how deliveries during construction will be managed and where workers on the site will park during construction.

5. During the construction and prior to the occupation of the new dwelling the site access off Rossendale Road including Olde Back Lane and the unnamed access track shall be maintained to a serviceable standard for vehicle access.

6. Precise details of the forticrete-stone for the dwelling shall be submitted to and approved in writing by the Local Planning Authority before their use in construction work.

7. No construction work shall take place on the development hereby approved outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturday and not at any time on Sundays and Bank Holidays. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days’ notice to the Local Planning Authority.

Plus additional condition re mining

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 the development is implemented in accordance with the approved plans and to avoid ambiguity.

3. Vehicles reversing to and from the highway are a hazard to other road users.

4. To minimise the impact of construction on existing residents in the vicinity of the site.

5. To ensure that any damage caused by the construction work is promptly corrected.

6. To ensure that the materials to be used in the development harmonise with the surrounding area having regard to Policy H3 of the Burnley Local Plan Second Review.

7. To protect the amenities of nearby residents, in accordance with policy GP1 of the Burnley Local Plan, Second Review

Full Planning Application

Retention of 2 sheds in connection with continued use as storage/builders yard

REAR OF 10 VICTORIA ROAD PADIHAM

Decision: That planning permission be granted subject to the following conditions:

Conditions:

1. The development shall be carried out in accordance with the application drawings, namely: Location Plan; Site Layout Plan; Floor Plans (Squared Paper); 2 Site Dimensions Plans (Squared Paper), received 11 September 2017; 10 images (‘photographs’) of the site and buildings received 4 September 2017.

2. Permission is granted for retention of the buildings for their use as described in the application, namely in connection with the continued use as a storage/builders yard, and for no other purpose, including any form of residential use.

3. No external lighting shall be installed on the 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 prior to installation thereof. No external lighting shall be illuminated on site otherwise than in accordance with the details so approved.

Reasons:

1. To ensure that the development remains in accordance with the development plan.

2. In order to properly define the use, for the avoidance of doubt, in the interests of the amenities of neighbouring residents in accordance with Policy EW4 of the Burnley Local Plan, Second Review, currently saved, and under provision of section 75 (2) of the Town and Country Planning Act 1990.

3. To protect the character and appearance of the area and the residential amenities of nearby occupiers.

Full Planning Application

Change of use of premises from A4 use (Drinking Establishment) to A3 use (Restaurant).

FULLEDGE CONSERVATIVE CLUB, PLUMBE STREET, BURNLEY

Decision: That planning permission be granted subject to the following conditions:

Conditions:

1. The use hereby approved shall not operate outside the hours of 1700hrs and 2300hrs Monday to Sunday.

2. Within three months of the date of this decision, details of the methods of odour suppression implemented within the kitchen must be submitted to and approved in writing by the Local Planning Authority. The details shall include a description of all proposed cooking processes, a plan of the proposed ventilation system and odour abatement measures including the location and details of the filters and fans and the manufacturer’s recommendations concerning frequency and type of maintenance. The approved equipment shall have been installed in accordance with the approved details and shall thereafter be operated at all times when cooking is taking place and maintained in accordance with the manufacturer’s instructions.

Reasons:

1. To protect the amenities of nearby residents, in accordance with Policy CF13 of the Burnley Local Plan, Second Review.

2. In order to avoid odour nuisance to the occupiers of adjacent properties.

Full Planning Application

Extensions to the rear and gable elevation of bungalow and internal alterations.

3 HILL CREST AVENUE, CLIVIGER

Decision:  That planning permission be granted subject to the following conditions:

Conditions:

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

2. The development hereby permitted shall be carried out in accordance with the following approved plans: DBA/LE/03, 04, 05 received 13 June 2017 and Amended Plan DBA/LE/02 received 17 October 2017.

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 the development is implemented in accordance with the approved plans and to avoid ambiguity

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

Members received for information a list of decision taken under delegation for the period 25^th September to 29^th October 2017.