Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Birtwistle, Graham, Mottershead, Sumner and Towneley.

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

The Minutes of the last meeting held on 26^th April 2018 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:

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

Proposed demolition of existing buildings and erection of 250no.dwellings with associated access, car parking, open space and landscaping

Full Planning application

Proposed demolition of existing buildings and erection of 250no.dwellings with associated access, car parking, open space and landscaping

LAND WEST OF  KIDDROW LANE  BURNLEY

Decision: That the application be delegated to the Head of Housing and Development Control for approval subject to the applicant entering into a Section 106 Agreement relating to education provision, playing pitch improvements and accessibility improvements and 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: v1.14p (1: 2500 location plan), WEL 1.7, WINS 1.7, WIN 1.7, OAK 1.7, Mou 1.7, MAI 1.7, GAR 1.7, CLE1.7, CHU 1.7, CHA 1.7, BRO 1.71, ASH 1.7, ASH 1.71, SD-SW2, F4/01 and SD-F1, received on 2 January 2018; SD/GDS/9, received on 17 January 2018; GAR 1.71, received on 18 January 2018; MCD001/SK02RevE, received on 22 March 2018; 5304.09RevD and 5304.10RevD, received on 9 May 2018; ARNI 1.7, BOU 1.7, BOW 1.7, CAD 1.7, DG/2a, GTC-E-SS-0010_R1-8_1of1 and M100-MP-01B, received on 11 May 2018; and, M100-SL-10F, M100-SL-11F, M100-SL-01F, 5304.03RevE, 5304.04RevE, 5304.05RevE, 5304.06RevE, 5304.07RevE, 5304.08RevE, M100-BTP-01d, M100-ML-01c and MCD001/102/P2, received on 4 June 2018.

3.         The external materials of construction to be used on the walls and roofs of the development shall be in accordance with the Materials Layout on drawing no. M100-ML-01c unless any variation is otherwise previously agreed in writing by the Local Planning Authority.

4.         The development shall be carried out and completed with the surfacing materials on the estate roads, driveways and parking spaces as indicated on the Materials Layout on drawing no. M100-ML-01c unless any variation is otherwise previously agreed in writing by the Local Planning Authority. 

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.         Prior to the first occupation of any dwelling, a landscape management plan, including long term design objectives, management responsibilities, maintenance schedules (including replacement of equipment and replacement planting) and a programme of implementation, for all landscape areas, play areas and public open space, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved in perpetuity.

7.         The new estate road/access between the site and Kiddrow Lane and Scott Street shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development within  ...  view the full minutes text for item 4.

Change of use of theatre entrance to cafe and bar (class A3/A4), rebuild front elevation to form new shop front with iron gates, form balcony to rear, install extractor flue and partial mezzanine floor to use as office (re-submission of APP/2017/0386 & APP/2017/0387)

Change of use of theatre entrance to cafe and bar (class A3/A4), rebuild front elevation to form new shop front with iron gates, form balcony to rear, install extractor flue and partial mezzanine floor to use as office (re-submission of APP/2017/0386 & APP/2017/0387)

Full Planning Application APP/2018/0144

Change of use of theatre entrance to cafe and bar (class A3/A4), rebuild front elevation to form new shop front with iron gates, form balcony to rear, install extractor flue and partial mezzanine floor to use as office (re-submission of APP/2017/0386)

118 ST JAMES STREET  BURNLEY

Listed Building Application APP/2018/0145

Partial demolition of front elevation and from new shop front with iron gates, form balcony to rear, install extractor flue, partial mezzanine floor and internal alterations (re-submission of APP/2017/0387)

118 ST JAMES STREET  BURNLEY

Decision: That against officer recommendation, the application be delegated to the Head of Housing and Development Control for approval subject to the development of appropriate conditions.

Reasons:

1.    The theatre building has been disused for over 20 years, is in a very poor condition and has no guaranteed future use as a Theatre.

2.    To allow the applicant to invest and continue the development which would assist in regenerating Lower St James Street.

Proposed demolition of existing building (former Gannow Baths) and erection of 5no 2 storey dwellings fronting onto Sycamore Avenue together with 3 storey 12no residential apartments with ground floor parking to the rear of site; complete new site access road, parking and landscape area (Revised proposal)

Full Planning application

Proposed demolition of existing building and erection of 5no 2 storey dwellings fronting onto Sycamore Avenue together with 3 storey 12no residential apartments with ground floor parking to the rear of site; complete new site access road, parking and landscape area.

FORMER LIFE CHURCH SYCAMORE AVENUE  BURNLEY

Decision:      That the Head of Housing and Development Control be delegated to grant planning permission for the development subject to there being no adverse comments on ecology or from the Lead Local Flood Authority, and subject to the applicant agreeing to provide an Education Contribution (or demonstrating conclusively that provision of such contribution would make the proposed development financially unviable), and the following conditions and any further conditions arising from the negotiations.

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: Drawings No:016, 021,015, 025, 026, A6121-LIB-B3-A1 20-Z3-02-P2-001 rev P1, A1621-LIB-B3-A1 20-Z3-00-P2-001 reP1, A1621-LIB-B3A1 20-Z3-ZZE2-001 rev P1, A1621-LIB-B3-A1 20-Z3-01P2-001 rev P1, A1621-LIB-S1-A1 00-ZS-ZZ-E2-001 rev P1, A1621-LIB-S1-A1 00-ZZ-ZZ-P2-001 rev P1, A1621-LIBS1-A1 01-Zs-00-P2-001 Rev P2, A1621-LIB-S1-A1 01-ZS-ZZ-E2-001 rev P1, A1621-LIB-S1-A1 01-Zs-ZZ-S1-001 rev P1, A1621-LIb-B1-A1 20-Z1-02-P2-001 rev P1, A1621-LIB-B1-A1 20-Z1-01-P2-001 rev P1,A1612-LIB-B1-A1 20-Z1-03-P2-001 rev P1, A1621-LIB-B1-A1 20-Z1-ZZ-E2-001 rev P1, A1621-LIB-B1-A1 20-Z1-00-P2 001 revP1, A1621-LIB-B1-A1 20-Z1-ZZ-E2-002 rev P1, A1621-LIB-B2-A1 20 Z2-00-P2-001 rev P1, A1621-LIbB2-A1 20-Z2-01-P2-001 rev P1,A1621-LIB-B2-A1 20-Z2-02-P2-001 rev P1, A621-LIB-B2-A1 20-Z2-ZZ-E2-001 rev P1, and location plan, received 30 April 18

3.         The existing access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads concurrent with the formation of the new access.

4.         No part of the development hereby approved shall commence until a scheme for the construction of the site access has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority.

5.         No part of the development hereby approved shall be occupied or opened for trading until the approved scheme referred to in Condition 4 has been constructed and completed in accordance with the scheme details.

6.         Prior to work commencing on site a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of how deliveries during construction will be managed and where workers on the site will park during construction; normal hours of site working; how dust and pollutants will be minimised; and facilities available on site for the cleaning of the wheels of vehicles leaving the site and equipment to be used as necessary to prevent mud and stones being carried onto the highway. The roads adjacent to the site shall be mechanically swept as required during the full construction period.

7.         The new estate access between the site and Sycamore Avenue shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development takes place  ...  view the full minutes text for item 6.

Erection of 4 bedroom dwelling in rear garden (re-submission of APP/2017/0593)

Full Planning Application

Erection of 4 bedroom dwelling in rear garden (re-submission of APP/2017/0593)

32 IGHTEN 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 hereby permitted shall be carried out in accordance with the following approved plans: Drawing No. 01A (location and site plan); 02A (site plan); 03A (ground floor layout); 04A (first floor layout); 05A (basement layout); 07A (general section); and 08A (site section) received 11 April 2018.  Drawing No. 06B (proposed elevations) received 4 June 2018.

3.         The windows on the ground and first floor level of side gable elevation of proposed dwelling shall be obscurely glazed. The windows shall thereafter remain obscurely glazed to the satisfaction of the local planning authority.

4          A scheme for the hard and soft landscaping of the site shall be submitted to the local planning authority before the dwelling hereby approved is first occupied.

The scheme as may be approved shall be implemented no later than within the first planting season following the occupation of the dwelling.

5.         Foul and surface water shall be drained on separate systems. In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be approved by the statutory undertaker prior to connection to the public sewer.

6.         Prior to development commencing on site the applicant shall carry out a visual and photographic inspection of the access road between Ightenhill Park Lane and Ighten Road to determine the current condition of the road surface. The carriageway surface shall be maintained to this level of repair or better throughout the period of construction and made good on completion of the development.

7.         The garage accommodation hereby approved shall remain available for the parking of vehicles at all times.

8.         Unless otherwise agreed in writing by the local planning authority, no works of construction, including the use of equipment or deliveries to the site shall be carried out outside the hours of 0800 hours and 1700 hours on Mondays to Fridays or 0800 hours to 1300 hours on Saturdays and at no time on Sundays, Bank or Public Holidays.

9.         No development, except the exterior painting of the building, whether permitted by the Town and Country Planning (General Permitted Development Order) or not shall be carried out on the site, unless a further permission has been submitted to and approved in writing by the local planning authority.

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.         In order to protect the residential amenities of the occupiers of the neighbouring property, in particular No. 34 Ighten Road, Burnley.

4.         In order to ensure that  ...  view the full minutes text for item 7.

Conversion of dwelling to 2no. apartments

Full Planning Application

Conversion of dwelling to 2no.apartments

25 CARLTON 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 hereby permitted shall be carried out in accordance with the following approved plans: 01, 06, 07 and 08, received on 4 April 2018; and, 05B, received on 14 May 2018.

3.         Neither apartment shall be first occupied until its associated off-street parking provision of a minimum of two parking spaces per apartment have been constructed and are available for use in accordance with the approved plans.  The approved car parking spaces shall be retained at all times for purposes of car parking.

4.         Neither apartment shall be first occupied until its associated refuse and recycling storage has been provided and is available for use, as indicated on the approved plans.  The approved bin and refuse storage provision shall be retained for the purposes of each apartment at all times.

5.         Neither apartment shall be first occupied until a scheme of soundproofing to protect against internally generated noise has been carried out and completed in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority.

6.         The existing and any future replacement gates shall open inwards only and at no time shall be permitted to open over the adjoining footway.

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.         To ensure adequate off-street parking, in the interests of highway safety and street amenity, in accordance with Policies H15 and TM15 of the Burnley Local Plan, Second Review (2006).

4.         To ensure adequate refuse and recycling storage away from public views, in the interests of visual amenity, in accordance with Policy H15 of the Burnley Local Plan, Second Review (2006).

5.         To provide adequate levels of amenity for the adjoining property and future occupiers, in accordance with Policy H15 of the Burnley Local Plan, Second Review (2006).

6.         To prevent an obstruction on the adjoining footway, in the interests of highway safety, in accordance with Policy H15 of the Burnley Local Plan, Second Review (2006).

Proposed change of use of disused part of 176 Colne Road (St Andrews Conservative Club) into 3no.self-contained flats (one on each floor).

Full Planning Application

Proposed change of use of disused part (first, second, third floors, basement and rear internal stairway of 176 Colne Road (St Andrews Conservative Club) into 3no. self contained flats (one on each floor) (existing street-level uses unaffected).

176 COLNE 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: Location Plan/Block Plan; four drawings showing existing floor layout of the Basement, First Floor, Second Floor and Third Floor; four drawings showing the proposed layout of the Basement, First Floor, Second Floor and Third Floor, received 13 Oct 17.

3.         Before the building is brought into use, its exterior shall be treated in accordance with a scheme of external treatment that shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of (a) works to enhance the appearance of the rear of the building; (b) any replacement window frames.

4.         Before the development commences a construction method statement shall be submitted to and approved in writing by the Local Planning Authority. The statement shall give details of construction working hours, parking of construction vehicles, and the means of suppression of dust and fumes during construction. The construction method, as approved, shall be implemented at all times during construction.

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.         In the interests of visual amenity in accordance with Policy H13 of the Burnley Local Plan, Second Review, currently saved.

4.         In the interests of the amenities an operating conditions of the neighbouring occupiers, in particular because of the main road location and mix of neighbouring uses.

Demolish existing garage, erect two storey extension to side & rear, and single storey extension to rear. (re-submission of APP/2017/0503)

Full Planning Application

Demolish existing garage, erect two storey extension to side & rear, and single storey extension to rear. (re-submission of APP/2017/0503)

57 WINDERMERE AVENUE, 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 hereby permitted shall be carried out in accordance with the    following approved plans: One drawing REV C received 19 April 18.

3.         Before any part of the extension is occupied the driveway shall be re-laid to a suitably graded slope at the entrance to the property to allow for effective use.  Any resurfacing will need to be carried out using a bound and porous material. A scheme for the re-laying of the driveway shall be submitted for approval prior to the start of the development; the scheme shall be carried out as approved.

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.         In order to prevent the possible grounding of vehicles on the existing footway in the interests of highway safety and in accordance with policies H13 and TM15 of the Burnley Local Plan Second Review and policies HS5 and IC3 of the emerging Local Plan.

Proposed single storey rear extension to dwelling

Full Planning Application

Retrospective application for a single storey rear extension to dwelling & installation of a 2.4m fence along the boundary.

11 MATLOCK GROVE  BURNLEY

Decision: That planning permission be granted subject to the following condition.

Condition:

1.         The development hereby permitted shall be carried out in accordance with the following drawings:

Drawing Number: BR/MAT 001C, received 21 March 2018

Drawing Number: BR/MAT 002C, received 21 March 2018

Reason:

1.    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 decisions taken under delegation for the period 01/04/2018 to 13/05/2018

Land South of Blackburn Road, Padiham

Members received for information the outcome of an appeal in relation to:

APP/2016/0434        Appeal against the refusal of planning permission for the erection of a gas fuelled electricity generating plant (20mw) to provide standby power.

                                    Land south of Blackburn Road Padiham

The Inspector considered the main issues to be:

1.    whether the proposal would be inappropriate development in the Green Belt as set out in the National Planning Policy Framework and the development plan;

In considering whether the proposal would be inappropriate development  the Inpsector had regard to The National Planning Policy Framework (‘the Framework’) which establishes that certain types of development are not inappropriate in the Green Belt provided that they preserve openness and do not conflict with the purposes of including land within it. The appeal proposal does not accord with any of the exceptions set out in paragraph 89 of the Framework nor does it comprise one of the ‘other forms of development’ cited in paragraph 90. Similarly, Policy E26 of the Burnley Local Plan Second Review (2006) states that development in the Green Belt is inappropriate unless it is for one of a limited number of purposes, none of which are applicable in this case.

 Accordingly, the proposal comprises inappropriate development which is, by definition, harmful to the Green Belt, with the Framework indicating that such harm carries substantial weight.

2.    the effect of the development on the openness and purposes of the Green Belt;

The appeal site extends to about 1.2ha and lies close to the busy junction of Blackburn Road and the A6068. The sloping land is down to rough grass and is largely enclosed on three sides by trees, hedges and scrub with the River Calder corridor on the southern boundary. The surrounding area is characterised by a mix of built development, including housing and industrial, office, storage and commercial buildings, and extensive tracts of open countryside.

The proposed 20MW gas-fired embedded electricity generating plant would include two ranks of generators (20 in total), a switch room, a gas reception kiosk, a steel oil storage tank, a control & welfare room and a HV/LV switchroom in steel containers and 10 step-up transformers. Associated parking and access/circulation tracks are also proposed together with CCTV cameras and 2.4m high steel palisade security fencing to the site boundaries. Four portable office/security buildings, a storage compound and 10 parking spaces are also proposed during the construction period.

The plant would be connected below ground to the local distribution network via an electricity sub-station located in the Shuttleworth Mead Business Park to the east of the site. The appellant advises that the lifespan of the development would be about 20 years after which the site would be cleared.

Openness is one of the essential characteristics of the Green Belt. It is the absence of buildings or development. Openness is thus characterised by a lack of buildings, structures or other above-ground items rather than those that are unobtrusive or screened in some manner. There is therefore a clear distinction between  ...  view the full minutes text for item 13.