Agenda and minutes

Venue: Burnley Town Hall

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Items
No. Item

52.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllr Towneley.

53.

Minutes pdf icon PDF 140 KB

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

Minutes:

The Minutes of the last meeting were approved as a correct record and signed by the Chair.

54.

Declaration of Interest

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.

Minutes:

Cllr Sue Graham declared an other prejudicial interest in item 6k – APP/2018/0488.She left the room and took no part in the item.

55.

List of Deposited Plans and Applications pdf icon PDF 563 KB

To consider reports on planning applications for development permission:

Minutes:

The following members of the public attend the meeting and addressed the Committee under the Right to Speak Policy:

 

  1.  

Steven Hartley

APP/2018/0479 Thorney Bank (for)

  1.  

Brent Frankland

APP/2018/0407 Musty Haulgh Farm (for)

  1.  

Alan Kinder

APP/2018/0223 13 The Crescent (for)

 

 

 

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

56.

APP/2018/0384 - Former Office Building, Wytham Street & Workshop & adjacent house Albion Street, Padiham pdf icon PDF 116 KB

Demolish office building, convert former workshop to 10 flats with attached dwelling and formation of associated car park

Additional documents:

Minutes:

Full Planning application

Demolish office building, convert former workshop to 10 flats with attached dwelling and formation of associated car park

FORMER OFFICE BUILDING WYTHAM STREET & WORKSHOP & ADJ HOUSE ON ALBION STREET  PADIHAM

 

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:  1812/100.01 (1:1250 location plan), 1812/100.02 (1:500 site plan), 1812/201.02RevD, 1812/201.03 and 1812/202RevB, received on 6 August 2018; and, 1812/207Rev A, 1812/201.01RevE and 1812/208RevA, received on 1 November 2018.

 

3.                The external materials of construction to be used on the walls and roof of the development shall be as indicated on the approved plans and application forms unless any variation is otherwise previously agreed in writing by the Local Planning Authority.

 

4.                No development shall be commenced until a scheme of off-site works of highway improvement has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall provide for the following: - footway re-instatement at former vehicular crossings, including a link to Brook Street; the construction of footway on Brook Street following the demolition of the existing office building; and, street lighting around the application site to include the lighting of the pedestrian access to the rear of the approved car park and the rear entrance of the main building.

 

5.                No flat or dwelling shall be first occupied until the scheme approved under condition 4 has been carried out and completed in accordance with the approved details.

 

6.                The car park hereby approved shall be used as a private car park by residents/visitors of the approved development only.

 

7.                No flat or dwelling hereby approved shall be first occupied until the approved car park has been constructed, surfaced, marked out and is available for use in accordance with the approved plans.  The car park shall thereafter be retained and remain available for use at all times for parking by residents/visitors of the approved development.

 

8.                No flat hereby approved shall be first occupied until the screened refuse and recycling storage facility for the approved flats has been constructed, completed and is available for use in accordance with the approved plans.  The approved refuse and recycling storage facility shall thereafter be retained and remain available at all times for use by the approved flats.

 

9.                Prior to the commencement of development, an intrusive investigation shall carried out by a suitably competent person(s) in accordance with the submitted Phase I Geo-Environmental Site Assessment  (report prepared by e3p, reference 11-617-r1, dated December 2016) to further assess the extent of contamination likely to affect all receptors at end-use and a written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, shall be submitted to and approved in writing by the Local Planning Authority.   Remediation work  ...  view the full minutes text for item 56.

57.

APP/2018/0479 - Thorney Bank Industrial Estate, Burnley Road, Hapton pdf icon PDF 92 KB

Use of land for siting of storage containers (resubmission of APP/2017/0485)

Additional documents:

Minutes:

Full Planning Application

Use of land for siting of storage containers (resubmission of APP/2017/0485)

THORNEY BANK INDUSTRIAL ESTATE BURNLEY ROAD HAPTON

 

Decision:That provided the application is amended to show the front line of the containers set back a substantial distance (around 8 – 10 m) from the highway, behind dense landscape planting, together with information sufficient to resolve concern about surface water management, the Head of Housing and Development Control is delegated to grant planning permission subject to any appropriate conditions; or, if negotiations are unsuccessful, to refuse the application for reasons of its conflict with the development plan in respect of building on land beyond the Development Boundary (policy SP4) adverse impact on visual amenity (policy SP5).

58.

APP/2018/0407 - Musty Haulgh Farm, Granville Street, Briercliffe, Burnley pdf icon PDF 81 KB

Retention of 2no. portacabins used for storage.

Additional documents:

Minutes:

Full Planning Application

Retention of 2no.portacabins used for storage

MUSTY HAULGH BARN GRANVILLE STREET  BRIERCLIFFE

 

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: 18/109/4, 18/109/3, 18/109/2 and 18/109/1, received on 23 August 2018.

 

2.         The portacabins shall be used for private storage ancillary to Musty Haulgh Barn only, including the storage of hay and feedstuffs associated with the keeping of private horses and shall not be used for any commercial purpose.

 

3.         Within two calendar months from the date of this permission the external elevations of the portacabins shall be painted in a dark green colour.  The portacabins shall thereafter be repainted in a similar colour as necessary to retain a neat, tidy and dark green appearance.

 

 

Reasons:

 

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

 

2.         To ensure the satisfactory implementation of the proposal and to safeguard the residential use of the site, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

3.         To ensure a satisfactory appearance to the development within an area of countryside, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

The Committee requested that a note be added to the decision notice referencing the requirement to apply for a footpath diversion order.

59.

APP/2018/0450 - Land Adjacent No 3 (Car Park) Fair View Road, Burnley pdf icon PDF 111 KB

Proposed pair of semi-detached houses.

Additional documents:

Minutes:

Full Planning Application

Proposed pair of semi-detached houses

LAND ADJACENT NO 3 (CAR PARK) FAIR VIEW 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: Location Plan and Drawing No. 2/10/2018 received 14 September 2018; Amended Drawing No. 1/10/2018 received 9 October 2018.

 

3.                The off-site highway works, including the relocation of the lamp post shall be carried out to the satisfaction of the Local Planning Authority before either of the dwellings is occupied.

 

4.                The two parking spaces shall be provided for each dwelling as set out on the approved plan, drawing no. 1/10/2018 received 9 October 18, before their occupation.

 

5.                No construction work shall take place on the development hereby approved outside the hours of 8 a.m. to 6 p.m. Monday to Friday, 8 a.m. to 1 p.m. on Saturday and not at any time on Sundays and Bank Holidays.

 

6.                The development shall not begin until:

 

                   a. A strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority;

 

                   b. An investigation has been carried out in accordance with the approved strategy;

 

                   c. A written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority.

 

                   Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local planning authority subsequent to its discovery.  Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

 

7.                No development shall start until an investigation and report which demonstrates that the development can be safely undertaken and occupied has been submitted to the Local Planning Authority. The report shall be prepared by a competent consultant, experienced and specialising in the assessment and evaluation of Landfill Gas migration.

                   The investigation report shall:

                   1. describe the methodology, techniques and equipment and circumstances of the survey and set out final conclusions and recommendations to the results and findings of tests and investigations

                   2. advise on any remedial measures which demonstrate that the development can be safely undertaken and occupied.

                  

                        If remediation measures are recommended as a result of the investigations required above, these measures shall be incorporated into the development, before any buildings are occupied.

 

8.                Notwithstanding the details of the materials to be used in the development set out in the application, precise details of the facing  ...  view the full minutes text for item 59.

60.

APP/2018/0435 - 32 Holyoake Street, Burnley pdf icon PDF 93 KB

Proposed erection of 2no.semi-detached dwellings (following demolition of former barn, shed and garage).

Additional documents:

Minutes:

Full Planning Application

Proposed erection of 2no. semi-detached dwellings (following demolition of former barn, shed and garage)

32 HOLYOAKE 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:  ADM/18/27/04, ADM/18/27/02RevA and ADM/18/27/03, received on 12 September 2018.

 

3.                  Prior to construction work commencing on the approved dwellings, details and representative samples of the external materials of construction to be used on the walls and roof of the development shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved materials.

 

4.                  No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: 

                     i)  the parking of vehicles of site operatives and visitors; 

                     ii)  loading and unloading of plant and materials; 

                     iii) storage of plant and materials used in constructing the development;

                     iv)  the erection and maintenance of security hoarding;

                     v)  measures to control the emission of dust and dirt during construction; 

                     vi) wheel washing facilities;

                     vii) details of working hour; and,

                     viii) contact details for the site manager.

 

5.                  During the demolition and construction phase of the development, no construction work or use of machinery or deliveries to the site shall take place on Sundays and Bank/Public Holidays or other than between 08:00 and 18:00 hours Monday to Friday and between 08:00 and 13:00 hours on Saturdays.

 

6.                  Prior to the start of any construction works on the approved dwellings or the removal of any trees from the site, there shall be submitted to and approved in writing by the Local Planning Authority a scheme of landscaping which shall include indications of all existing trees and hedges on the land and details of any to be retained, together with measures for their protection in the course of development (including details of excavating near tree roots), as well replacement tree planting where applicable, and details of hard and soft landscaping works to include schedules of plants, species, plant sizes and proposed numbers/ densities where appropriate.

 

7.                  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  dwelling 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.                  Prior to the erection of any boundary treatment or the first  ...  view the full minutes text for item 60.

61.

APP/2018/0306 - Rear of 542 Brunshaw Road, Burnley pdf icon PDF 108 KB

Proposed bungalow in garden (revised scheme).

Additional documents:

Minutes:

Full Planning Application

Proposed bungalow in garden (revised scheme)

REAR OF 542 BRUNSHAW 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:  Loc1 (1:1250 location plan), received on 28 June 2018; 18/76/3, received on 13 September 2018; Site Levels 1 (existing and proposed site levels), received on 31 October 2018; and, Block1 (1:500 block plan), received on 1 November 2018.

 

3.                  Notwithstanding any description of materials in the application, details and representative samples of the external materials of construction to be used on the walls and roof of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any construction work being commenced on the approved dwelling. The development shall thereafter only be carried out in accordance with the approved materials.

 

4.                  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), no development shall be carried out on any part of the development within the terms of Classes A, B, C and E of Part 1 and Class A of Part 2 of Schedule 2 of the Order without the prior written permission of the Local Planning Authority.

 

5.                  Prior to any construction of the approved dwelling, a scheme of landscaping to comprise hard and soft landscaping works which shall include schedules of plants, species, plant sizes and proposed numbers/ densities where appropriate, shall be submitted to and approved in writing by the Local Planning Authority.

 

6.                  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 the approved dwelling or its completion, 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.

 

7.                  The existing wall and hedge on the site's boundary with Mayfair Road and the hedge on the rear (eastern) boundary of the site shall be retained throughout the development and at all times in the future.  Details of measures for the protection of these features during construction work shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and shall be implemented thereafter until the completion of the development.

 

8.                  During the construction phase of the development, no construction work or use of machinery or deliveries to the site shall take place outside the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays.

 

9.                  The approved development  ...  view the full minutes text for item 61.

62.

APP/2018/0398 - 20 Mansergh Street, Burnley pdf icon PDF 120 KB

Proposed kitchen extension.

Additional documents:

Minutes:

Full Planning Application

Proposed kitchen extension

20 MANSERGH 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 shall be carried out in accordance with the application drawings, namely: drawings number: 18/110/2 (Section and Location Plan); 18/110/1 (Plans and Elevations), received 21 August 2018.

 

3.                The external materials of construction (including stone, render and tiles) shall match those of the existing building in colour

 

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 HS5 of the Burnley Local Plan.

 

63.

APP/2018/0413 - 9 Mellor Close, Burnley pdf icon PDF 100 KB

Demolition of existing garage/utility room and erection of single storey side and rear extension.

Additional documents:

Minutes:

Full Planning Application

Demolition of existing garage/utility room and erection of single storey side and rear extension

9 MELLOR CLOSE, 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:

      Location, G Floor & Block Plan as Existing – A133 01 Rev A, received 29 Aug 2018

      Elevations as Proposed – A133 04 Rev C, received 30 Oct 2018

      Ground Floor, Roof + Block Plan as Proposed – A133 03 Rev C, received 30 Oct 2018

 

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.

64.

APP/2018/0418 - 49 Wellfield Drive, Burnley pdf icon PDF 105 KB

Erection of boundary fence.

Additional documents:

Minutes:

Full Planning Application

Erection of boundary fence

49 WELLFIELD DRIVE BURNLEY

 

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

 

Conditions: 

 

1.                The development must be begun within six months of the date of this decision and completed within 18 months of the date of this decision..

 

2.                The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; Existing Site Plan; Proposed Site plan; and Drawing No. 1/21/2018 received 30 August 2018.

 

3.                The fence shall be painted as set out in the application within 6 months of its completion.

 

4.                The planting area shown on Drawing No. 1/21/2018 received 30 August 2018 shall be completed during the first planting season following completion of the fence and the planting shall thereafter be maintained in accordance with good horticultural practice to the satisfaction of 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 and having regard to the unsympathetic appearance of the existing fence.

 

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

 

3/4              In the interests of visual amenity having regard to Policies HS5 and SP5 of Burnley’s Local Plan July 18.     

65.

APP/2018/0223 - 13 The Crescent, Worsthorne, Burnley pdf icon PDF 104 KB

Proposed demolition of garage, rear conservatory and erection of a two storey side and rear extension, including balcony to first floor, re-submission of planning application (APP/2018/0007).

Additional documents:

Minutes:

Full Planning Application

Proposed demolition of garage,rear conservatory and erection of a two storey side and rear extension; re-submission of planning application (APP/2018/0007)

13 THE CRESCENT, WORSTHORNE, 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: 01, 03, 04, received 11 May 18 and 02D and 05B received 25 Sept 2018.

 

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.

66.

APP/2018/0488 - Extwistle Cottage, Todmorden Road, Briercliffe, Burnley pdf icon PDF 88 KB

Proposed two storey side and rear extension above existing side extension with a single storey garden room extension to the side and site associated works.

Additional documents:

Minutes:

Full Planning Application

Proposed two storey side and rear extension above existing side extension with a single storey garden room extension to the side and site associated works

EXTWISTLE COTTAGE, TODMORDEN ROAD, BRIERCLIFFE

 

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:

      Amended Drawing Package 5319 – 01 to 5319 – 09, received 13 November 2018

      Amended Location Plan, received 13 November 2018

 

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 to avoid ambiguity.

67.

Decisions taken under the Scheme of Delegation pdf icon PDF 568 KB

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

Additional documents:

Minutes:

Members received for information a list of decision taken under delegation for the period 1st October to 28th October 2018.

The Chair informed members of the Committee that Graeme Thorpe, Planning Team Manager was leaving the authority.  This was his last meeting.  He thanked Graeme for his service to the Borough and the Committee and wished him well for the future.