Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Emo and Raja.

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

The Minutes of the last meeting held on 28^th November 2019 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.

Residential development for the erection 125 dwellings including means of access, areas of public open space and all associated works.  The proposal affects Public Footpath Nos. 88, 89 and 90 and involves the diversion of Public Footpath Nos. 89 and 90

It was moved and seconded that, in accordance with section 100A(4) of the Local Government Act 1972 to transfer the application to the confidential part of the agenda in order to receive information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 

The meeting subsequently moved back into the public part of the agenda.

In accordance with Council Procedure Rule 16.4 a recorded vote was taken.

Decision: That authority be delegated to the Head of Housing and Development Control to approve the development subject to notification from the Secretary of State that they will not intervene in the decision and the completion of a S106 Agreement to secure contributions towards education provision and affordable housing and 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 listed on this notice below.

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. 18132/1002RevL unless any variation is otherwise previously agreed in writing by the Local Planning Authority.

4.         Details of surfacing materials to be used on the estate roads, driveways and parking spaces shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of built development.  The development shall thereafter only be carried out in accordance with the approved details.

5.         All planting, seeding or turfing comprised in the approved details of landscaping set out on the approved Landscape Masterplan (drawing number P.1064.18.13RevA) and planting plans on sheets 1-5 (drawing number P.1064.18.11 RevA) together with any variations to this agreed in association with condition 6 below, 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 commencement of built development, a Biodiversity Mitigation Plan to provide further measures for mitigating against the loss of biodiversity, including details of nesting boxes across the site and in domestic gardens and details of how these will be maintained and managed in the future to secure long term benefits for biodiversity, shall be submitted to and approved in writing by the Local Planning Authority.  The approved measures shall  ...  view the full minutes text for item 83.

Town and Country Planning Act 1990

Erection of 2 no. dwellings (resubmission of APP/2019/0047)

1D Valley Gardens Hapton, Lancashire BB11 5QE

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

Conditions and Reasons for the 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.

Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

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

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

3.         All materials to be used in the approved scheme shall be as stated on the application form and approved drawings received 1/11/19 and shall not be varied without the prior written approval of the Local Planning authority

Reason: To ensure that the development will be of a satisfactory appearance and to comply with policies SP5 and HS5 of Burnley's Local Plan 2018

4.         Prior to development taking place, including any works of demolition, a construction method statement shall be be 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 

Reason: In the interests of highway safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan

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

Reason: In the interests of highway safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan

6          Before the access is used for vehicular purposes, that part of the access extending from the highway boundary detailed as Paving Parking and External Circulation site shall be appropriately paved in tarmacadam, concrete, block paviours, or other approved materials.

Reasons: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users.

7          Before the development hereby permitted becomes operative the highway frontage of both plots shall be maintained henceforth at a height not greater than 1m above the crown level of the carriageway of the new access road. The land within 2m of the back edge of the carriageway shall be maintained thereafter, free from obstructions such as walls, fences, trees, hedges, shrubs, ground growth or other structures within the splays in excess of 1.0 metre in height above the height at the centre line of the adjacent carriageway.

Reasons:  ...  view the full minutes text for item 84.

Proposed conversion of works (former church) to 18no.assisted living (Class C2) apartments

Wrights Upholstery, Claremont Street, Burnley

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

Conditions and Reasons for the conditions:

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: 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.         The development hereby permitted shall be carried out in accordance with the following approved plans:  Drawing No RBA-143-(2)-A100 (Proposed Location Plan Scale 1:500) dated 7.11.19; Drawing No RBA-143-(2)-A201 (Proposed Sectional Study Sheet 01 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A202 (Proposed Sectional Study Sheet 02 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A101 (Proposed Site Plan Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A102 (Proposed Plans Sheet 01 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A103 (Proposed Plans Sheet 02 Scale 1:100) dated 7.11.19; and Drawing No RBA-143-(2)-A200 (Proposed Elevations Scale 1:100) dated 7.11.19.

Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity

3.         Prior to the commencement of any development, full and precise details of the proposed windows, doors, rooflights, dormers, facing materials, roof materials and rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in strict accordance with the agreed details and maintained as such thereafter

Reason: To ensure a satisfactory appearance to the development, in accordance with Policies SP5 and HS4 of Burnley’s Local Plan (July 2018).

4.         Prior to the commencement of any development, 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. 

Reason: To ensure a satisfactory appearance to the development, in accordance with Policies SP5 and HS4 of Burnley’s Local Plan (July 2018). The details of materials are required prior to the commencement of development to ensure that only approved materials are used throughout the development process.

5.         Prior to first occupation of the development hereby permitted a plan detailing the positions, height, design, materials and type of all existing and proposed boundary treatments shall have been submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall be provided in accordance with the approved details prior to first occupation of the development and shall thereafter be retained at all times. 

Reason: To ensure a satisfactory appearance to the development, in accordance with Policies SP5 and HS4 of Burnley’s Local Plan (July 2018).

6.         The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. The recycling storage facilities shall be  ...  view the full minutes text for item 85.

The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

Temporary display of fabric banner secured to scaffold

Old Red Lion Hotel 2-4 Manchester Road Burnley Lancashire

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 approved plans listed on this notice below.

2.         This consent is for a temporary period up to the 1st May 2020 only; the advertisement shall be wholly removed from the site on or prior to this date.

3.         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.

4.         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.

5.         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.

6.         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.

7.         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.

Reasons:

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

2.         The advertisement would be unsuitable on a permanent basis and is only acceptable as a short term measure to screen scaffolding, having regard to the visual prominence and impact of the advertisement and its impact on the Burnley Town Centre Conservation Area, in accordance with Policies TC2 and HE2 of Burnley’s Local Plan (July 2018).

3.to 7.  Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007. Imposed by Regulation 14 (7) (a).

Town and Country Planning Act 1990

Erection of mixed use development comprising cinema, 7no.food and beverage units (Class A3), 2no. retail/leisure units (Class A1 or A3) with associated service yard with access from Curzon Street serving units 1-6, customer car park and service access from Royle Road serving units 8-10 together with associated public realm and landscaping

Land At Curzon Street And Pioneer Place Car Park Curzon Street Burnley

Decision: That authority be delegated to the Head of Housing and Development Control to approve subject to the applicant providing an acceptable Coal Mining Risk assessment and the following conditions.

Conditions and the Reasons for conditions:

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission.

Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004

2.         The development hereby permitted shall be carried out in accordance with submitted technical reports, supporting information and the following approved plans listed on this notice below.

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

3.         Prior to the construction of the building above slab level hereby approved, samples of all external materials, and their colour, to be used in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

Reason: To ensure a satisfactory appearance to the development, having regard to the character of the local area, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

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: 

a) the parking of vehicles of site operatives and visitors

b) loading and unloading of plant and materials

c) storage of plant and materials used in constructing the development

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

e) wheel washing facilities

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

g) a scheme for recycling/disposing of waste resulting from demolition and construction works

h) measures to protect the amenity of surrounding occupiers during piling operations

i) routing of delivery vehicles to/from the site.

Reason: To ensure that the safety and amenities of occupiers of neighbouring properties and users of the local highway are satisfactorily protected, in accordance with Policies NE5 and IC1 of Burnley's Local Plan (July 2018).  The Construction Management Plan is required prior to the commencement of development to ensure that the measures contained therein can be carried out at the appropriate phases of the construction period.

5.         Construction of the development hereby permitted shall not take place outside the hours of 07:00 and 19:00 Monday to Saturday and not at all on  ...  view the full minutes text for item 87.

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 6^th November to 19^th December 2019.