Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllrs Ishtiaq & Towneley.

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

The Minutes of the last meeting held on 26^th July 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.

Cllr Raja declared a discloseable pecuniary interest in Item 6d.  He left the meeting and took no part in the discussion or decision.

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.

Demolish church buildings and public house and erect petrol filling station with shop and separate café with drive through and improved access from Barracks Road.

Full Planning Application

Demolish church buildings and public house and erect petrol filling station with shop and separate cafe with drive through and improved access from Barracks Road

LAND AT BARRACKS ROAD, BURNLEY

Decision: That the Head of Housing and Development Control be delegated to grant planning permission 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:  171161-PL-01(A), 171161-PL-07, 171161-PL-08, 171161-PL-09 and 171211TPP (Tree Protection Plan), received on 13 February 2018; and, CS095757-CAP-TPL-MAN-DR-TP-011RevP01, 171161-PL-03(E) and 171161-PL-04(D), received on 4 September 2018; 171161-PL-02(H) and 171161-PL-06(A), received on 18 September 2018; 3876/01RevE, received on 20 September 2018; and 171161-PL-05(D), received on 21 September 2018.

3.      Notwithstanding any indication on the approved plans, no development shall be commenced unless and until a scheme for the construction of the site access, internal layout of the site and off-site works of highway improvement has been submitted to and approved in writing by the Local Planning Authority.  The submitted scheme shall include all the recommendations contained within the Stage 1 Road Safety Audit Report (carried out by Capita, dated 28th August 2018) and provide for the means to facilitate a Traffic Regulation Order to restrict traffic movements on Lower Accrington Road.

4.      Neither the approved Petrol Filling Station/Shop or the approved Coffee Shop shall be first open for use until the approved scheme under condition 3 above has been constructed and completed in accordance with the scheme details.

5.      The retail shop hereby approved shall operate as a shop in association with and ancillary to the approved Petrol Filling Station only and shall not at any time function as an independent unit.

6.      The tree protection measures as indicated on drawing number 171211TPP (Tree Protection Plan) and contained within the Arboricultural Survey (carried out by Georgina Tearne, dated 11th December 2018) shall be carried out prior to any demolition, ground works or site clearance taking place and shall remain in situ and be adhered to at all times until the completion of the development.

7.      All planting, seeding or turfing comprised in the approved details of landscaping as indicated on drawing number 3876/01RevE shall be carried out in the first planting and seeding seasons following the first use of any of the development 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.

8.      The approved Petrol Filling Station shall not be first open for use until a minimum of two electric car charging points have been provided and are available for use.  The electric charging points shall thereafter be retained and remain available  ...  view the full minutes text for item 39.

Discharge of Condition 6 (materials); 7 (landscaping); 8 (tree protection); 10 (surface water drainage); 11 (contamination); 12 (affordable housing); 13 (public open space); and variation of Condition 14 (approved plans) on Planning Permission APP/2014/0151 as amended by APP/2018/0273

Minor Material Amendment to Planning permission APP/2014/0151 as amended by APP/2018/0273 in respect of variation of layout and house types (Condition 14 - approved plans); and Variation of Condition 6 (materials); 7 (landscaping); tree protection); 10 (surface water drainage); 11 (contamination); 12 affordable housing); 13 (public open space).

Phase 4 Station Road development Padiham Burnley

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

Conditions:

1.                The development hereby permitted shall be carried out in accordance with the following approved plans Planning site boundaries, drg.no. 1771-02 rev3; Phasing plan, drg.no. 1771-101 rev3; and Illustrative Masterplan, drg.no. 1771-103 rev 3; Materials Schedule; Tree Retention, Protection and Removals Plan received 25 Jul 18.

                   Street Elevations drg.no. 1771-104 rev3; Site Plan drg.no. 1771-105 rev5; Ground floor Site Layout, drg.no. 1771-106 rev 5; First floor site layout, drg.no.1771-107 rev5; Roof site plan drg.no. 1771-108 rev5; Landscape Plan, drg. no. 1771- 109 rev 5; House types drg nos 115, 116, 120, 121, 125 and 126 received 29 Aug 18.

                   Drainage Layout Plan SPB-AJP-XX-00-DR-C-1000 revP1 received 11 Sep18.

2.                Unless otherwise approved in writing by the local planning authority, all works and ancillary operations in connection with the construction of the development, including the use of any equipment or deliveries to the site shall be carried out only between 0800 hours and 1700 hours on Mondays to Fridays; between 0800 hours and 1300 hours on Saturdays; and at no time on Sundays, Bank Holidays or Public Holidays.

3.                The materials to be used in the development of Phase 4 shall be in strict accordance with the approved Materials Schedule (Ainsley Gommon Architects June 18) received 25 July 2018 unless otherwise approved in writing by the Local Planning Authority.

4.                The landscaping details shall be carried out in full accordance with Drg.No. 1771-109 rev 5 received 29 August 2018, prior to the occupation of the development, to the satisfaction of the local planning authority.

5.                The approved tree protection measures as set out on the Tree Retention, Protection and Removals Plan (drg.3116 101 received 25 Jul 18) shall be adhered to during the construction of the development.

6.                The approved Drainage Plan (drawing no. SPX-AJP-XX-00-DR-C-100 P1) received 11 September 18 shall be implemented prior to the first occupation of the dwellings on Phase 4 of the development.

7.                Provision shall be made for affordable housing in accordance with Policy HS2 of Burnley’s Local Plan (adopted July 18). This shall be provided on site as part of Phase 4 of the development or delivered off-site in accordance with a scheme to be submitted to and approved in writing by the local planning authority, unless a sufficiently robust justification is submitted to demonstrate that such delivery is not a viable option.

8.                Prior to first occupation of the development hereby approved a verification plan in respect of the contamination remediation measures on the site, providing details of the data that will be collected in order to demonstrate that the works identified are complete and identifying  ...  view the full minutes text for item 40.

Proposed conversion of dwelling into 3no. apartments

Full Planning Application

Proposed conversion of dwelling into 3no. 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 (1:1250 location plan),05B, 06, 07B and 08, received on 27 June 2018.

3.                No apartment shall be first occupied until its associated off-street parking provision of a minimum of two parking spaces for Apartment 1 (ground floor) and a minimum of one car parking space for each of Apartments 2 and 3 (first floor) 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.                No 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.                No 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.                No construction work shall take place on the development hereby approved outside the hours of 8am to 6pm Monday to Friday and from 8am to 1pm on Saturday and shall not take place at all on Sundays and Bank Holidays.

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 Policy IC3 of Burnley's Local Plan (July 2018).

4.                To ensure adequate refuse and recycling storage away from public views, in the interests of visual amenity, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

5.                To provide adequate levels of amenity for the adjoining property and future occupiers, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

6.                To protect the amenities of nearby residents, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

Proposed 3no. extract flues to Market Hall roof

Regulation 3 Application

Proposed 3no. extract flues to Market Hall roof

MARKET HALL CURZON STREET  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: 1:1250 Location plan, 1:500 Site plan, BMH 01/01 and BMH 01/02 received 14th August 2018.

3.                The approved extract ventilation system and odour control equipment indicated on the above drawings shall be maintained in good working order at all times. The extract ducting shall be removed as soon as possible when no longer required. 

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 protect the surrounding environment, including occupiers of nearby premises, from nuisance from cooking odours.

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 11/06/18 to 02/09/18

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

APP/2016/0427       Appeal against the refusal of planning permission for the development of the land as a traveller site, the siting of 5 static caravan pitches and erection of one new dwelling.

                                    Land at Spa Wood Farm, Billington Road, Burnley

The Inspector considered the main issues to be:

Regarding the gypsy and traveller site:

1.    whether or not the site is reasonably located in relation to services and facilities;

2.    whether the proposal is acceptable in highway safety terms

3.    any other matters in support of the proposal including, the general need for, and provision of, gypsy and traveller sites in the area.

The site is currently in a lawful use as a traveller site for 6 mobile homes. It is occupied by the Appellant, his wife and his extended family, as well as his adult children and their dependents. The appeal site comprises a rectangular area of land located to the south-west of Burnley town centre, just outside the smaller settlement of Hapton.

Local Plan policy H16 confirms that where there is an identified need for sites. Three

proposals for gypsy and traveller sites will be permitted where a number of criteria are satisfied. The Council accepts that it has an identified need for sites and that the appeal site is suitable for its intended use and can provide acceptable living conditions. It is also located relatively close to shops, schools and other facilities both in Hapton and in Burnley town centre which is approximately 1.6 km away. The site is well designed and landscaped and contained by mature boundary planting such that the Inspector was satisfied it causes no material harm to landscape character.

The only contentious issue in relation to the criteria in policy H16 is the question of the suitability of the access road to the site, as raised by a number of local residents and others. The site is accessed via Billington Road which runs off the main road and through an industrial estate before becoming an unmade track running into the rural area beyond. The unmade private track comprises a section of approximately 900 metres which runs to the site entrance and which also serves a handful of other residential developments and farms in the vicinity.

In addition a public footpath route runs along the unmade track which is single width and is rutted and uneven along its surface. Any vehicle travelling along the track must proceed at low speeds due to the uneven surface. The track is located in a wide and open landscape such that any walkers proceeding along its length would have ample notice of vehicles proceeding in either direction along the track and would have the opportunity to step aside on the grass verges which line it.

The mobile homes are permanent structures and the touring caravans are smaller units which would move onto and off the site. The track serves the appeal site and a small number  ...  view the full minutes text for item 44.