Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Cant, Chaudhary, Ishtiaq, Lishman, Mottershead, Payne and Raja.

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

The Minutes of the last meeting held on 27^th June 2019 were approved as a correct record and signed by the Chair.

To consider reports on planning applications for development permission:

RESOLVED             

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

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: 2018-361-A001 (Site Location Plan); 2018-361-A002 (Existing Site Plan); 2018-361-B002 (Proposed Site Plan); 2018-361-B003C (Proposed Floor Plans); 2018-361- B004A (Proposed Elevations), received 21 November 2018; Noise Exposure Assessment received 17 June 2019.

3.    Any first floor windows in the north facing elevation of the building shall at all time be obscure-glazed and non-opening unless otherwise approved in writing by the Local Planning Authority.

4.    No dormer windows shall be inserted in the rear (east facing) plane of the roof of the building at any time unless otherwise approved in writing by the Local Planning Authority.

5.    Before the dwelling is first occupied, the north, east and south facing boundaries of the application site shall be fenced in closed boarded material  to a height of 2m above ground level, and shall be so maintained thereafter, unless otherwise approved in writing by the Local Planning Authority.

6.    Before the dwelling is first occupied a means of vehicular and pedestrian  access from the highway shall be constructed and made available for use in accordance details to be submitted to and approved in writing by the Local Planning Authority. [See attached Highway Authority Note].

7.    The Noise insulation measures recommended in the submitted Noise Exposure Assessment (Report 14823-NEA-01, 10 June 2019) shall be implemented in the construction of the building and shall be completed in accordance therewith before the building is first occupied, unless other measures are approved in writing by the Local Planning Authority.

8.    Samples of the external materials of construction shall be submitted to and approved in writing by the Local Planning Authority before their use in 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. To safeguard the privacy of adjacent dwellings numbers 32 and 34, Greenbrook Road, in accordance with Policies HS4 and SP5 of the Burnley’s Local Plan (2018).

4. To safeguard the privacy of adjacent dwellings, and visual amenity generally, in accordance with Policies HS4 and SP5 of the Burnley’s Local Plan (2018).

5. To safeguard the privacy of the garden areas of the adjacent dwellings numbers 32 and 34, Greenbrook Road, in accordance with Policies HS4 and SP5 of the Burnley’s Local Plan (2018).

6. To ensure proper provision for access to the development, in accordance with Policies HS4 and SP5 of the Burnley’s Local Plan (2018).

7. To safeguard residents of the dwelling from industrial and traffic noise in accordance with Policies HS4 and SP5 of the Burnley’s Local Plan (2018).

8. In the interests of the visual amenities of the area generally, in accordance with Policy SP5 of the Burnley’s Local Plan (2018).

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; Existing Site Plan; Proposed Site Plan; Garage Conversion Plan No. 2432-01 Rev A, received 12 December 2018.

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.

Decision: That planning permission be grated 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: Site Plan (1:500) received on the 28 June 2019; and, Proposed Floor Plans and Elevations (1:50 and 1:100) and Proposed Roof Plan and Sections (1:50 and 1:100), received on the 26 April 2019.

3.    All materials to be used in the approved scheme shall be as stated on the application form and approved drawings and shall not be varied without the prior written approval of the Local Planning Authority.

4.    The en-suite bathroom window on the south (side) elevation of the extension hereby approved shall be obscurely glazed.  Any replacement glazing thereafter shall also be obscure glazed.

5.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revising, revoking and re-enacting that Order with or without modification), no internal or external alterations shall take place to the existing garage which would preclude its use for one parking space without the prior written approval of the Local Planning Authority.

6.    The driveway extending from the highway boundary into the site shall be appropriately paved in tarmacadam, concrete, block paviours, or other bound materials prior to the completion of the approved development.

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revising, revoking and re-enacting that Order with or without modification), there shall not at any time in connection with the development hereby permitted be erected or planted or allowed to remain upon the land hereinafter defined as the visibility splay any building, wall, fence, hedge, tree, shrub or other device over 1m above road level. The visibility splay for the purposes of this condition shall mean that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed access, to a point at the boundary of the property where it meets the back edge of the footway and shall be maintained thereafter.

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 that the development will be of a satisfactory appearance and to comply with Policy SP5 of Burnley’s Local Plan (July 2018).

4.    To protect the amenities of the adjoining residents having regard to Policy HS5 of Burnley’s Local Plan (July 2018).

5.    To ensure that alterations are not carried out which would deplete the provision of off-street car parking provision within the site to below the required  ...  view the full minutes text for item 22.

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

Conditions: -

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

 2         The development shall be carried out in accordance with the approved

           plans listed on this notice below.

3.         All materials to be used in the approved scheme shall be as stated on the application form and approved drawings and shall not be varied without the prior written approval of the Local Planning Authority.

4.         No development shall take place, including any works of demolition, 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.  It shall provide for:

i)The parking of vehicles of site operatives and visitors

ii)The loading and unloading of plant and materials

iii)The storage of plant and materials used in constructing the   

development

iv)The erection and maintenance of security hoarding

v) Routing of delivery vehicles to/from site 

5.         The development shall not be occupied until the car parking areas to serve the developments have been laid out and hard surfaced in accordance with approved drawings and made available for use and retained as such thereafter.

6.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification):

            (i) no external alterations, including roof alterations, or extensions shall be carried out to the building

            (ii) no garages or outbuildings shall be erected within the curtilage of the building;

            unless planning permission for such development has been granted by the Local Planning Authority

7.       Prior to occupation, full details of the boundary treatment to the development including dimensions and materials shall be submitted and approved in writing by the Local Planning Authority.  The approved boundary treatment shall thereafter be carried out prior to the first occupation of the dwelling.

8.       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 08:00 hours and 17:00 hours on Mondays to Fridays and between 08:00 hours and 13:00 hours on Saturdays and at no time on Sundays, Bank Holidays or Public 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.            In accordance with Section 91(1) of the Town and Country Planning

           Act 1990 as amended by the Planning Compulsory Purchase Act 2004

2.            To ensure the development is implemented in accordance with the

           approved plans and to avoid ambiguity.  ...  view the full minutes text for item 23.

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

Conditions

1.      No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

2.     No advertisement shall be sited or displayed so as to

     (a)  endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

     (b)  obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

     (c)  hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

3.      Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

4.     Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

5.     Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

6.     Express consent is granted for the period of five years (from the date of this notice).

7.     Any external source of lighting shall be effectively screened from the view of drivers on the adjoining public highway.

Reasons

1 - 5 required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

6.      Imposed by Regulation 14 (7) (a).

7.     To avoid glare, dazzle or distraction to passing motorists.

Decision: That delegated authority be given to the Head of Housing and Development Control to approve the application subject to no objections being received prior to the end of the statutory period of publicity and subject to the following conditions;

Conditions:

1.            The development to which this permission relates must be begun not

           later than the expiration of three years from the date of this permission.

 2         The development shall be carried out in accordance with the approved plans listed on this notice.

Reasons:

1.             In accordance with Section 91(1) of the Town and Country Planning

            Act 1990 as amended by the Planning 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 14^th June – 12^th July 2019.

NOT/2018/0596       Appeal against refusal to grant prior approval for a change of use of agricultural building to 2no. dwellings with associated parking at the Barn, Manchester Road, Habergham Eaves, Burnley

The Inspector determined that the main issue was whether the proposal would be permitted development under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO), with particular regard to the building operations reasonably necessary to convert the building to residential use.

Appeal Decision

The appeal was dismissed.