Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Horrocks, Hurt and Kelly.

To approve as a correct record the Minutes of the previous meeting, held on 7^th September 2023.

The Minutes of the last meeting, held on 7^th September 2023, were approved as a correct record and signed by the Chair.

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

There were no additional items of business.

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.

Councillor Cunliffe declared a ‘other interest – personal’ in minute number 40 [agenda item 6a)] as a neighbour of the applicant. Under the Council’s Code of Conduct for Elected Members he would have been permitted to remain in the room and participate in the debate and vote but he chose to remove himself from the meeting for the duration of the item.

To consider reports on planning applications for development permission:

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

Mrs Julie Dawes – Applicant – HOU/2023/0448

Mr Neil Lewis – Applicant – REM/2023/0169

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

As outlined in minute number 38 above Councillor Cunliffe left the meeting at this point.

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

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 following submitted Drawings:

·       Drawing No. LP2RE.1 – existing and proposed plans/elevations, received 28.07.2023

·       Drawing No. LP2RE.3 – existing site plan, received 28.07.2023

·       Drawing No. LP2RE.4 – proposed site plan, received 28.07.2023

·       Location plan, received 28.07.2023

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 continued compliance with the Development Plan.

Councillor Cunliffe returned to the meeting at this point.

Land at Barden Lane, Burnley

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

1.    The development hereby permitted shall be carried out in accordance with 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.

2.    No development other than site clearance and remediation shall be commenced, until details of the means of ensuring the water main that is laid within the site boundary is protected from damage as a result of the development have been submitted to and approved by the Local Planning Authority in writing. The details shall include a survey that identifies the exact location of the water main, the potential impacts on the water main from construction activities (including any construction compound), the impacts post completion of the development on the water main infrastructure that crosses the site and identify mitigation measures, including a timetable for implementation, to protect and prevent any damage to the water main both during construction and post completion of the development. Any mitigation measures shall be implemented in full prior to commencement of development (other than site clearance and remediation) in accordance with the approved details and timetable and shall be retained thereafter for the lifetime of the development.

In the event that the survey of the water main identifies the buildings/plots as within a 3m standoff either side of the main (6m in total), the developer shall submit evidence to the Local Planning Authority that a diversion has been agreed in writing with the relevant statutory undertaker and that the approved works have been undertaken prior to the commencement of development.

Reason: In the interest of public health and to ensure protection of the public water supply, in accordance with Policies NE5 and CC4 of Burnley`s Local Plan (July 2018).  The details are required prior to the commencement of development to avoid any potential risk to water infrastructure on the site.

3.     Prior to the installation of any PV panels or equipment at any part of the development, details of the PV panels and their siting shall first be submitted to and approved in writing by the Local Planning Authority.  The PV panels shall thereafter only be installed as approved.

Reason: To ensure that the details and appearance of the PV panels is satisfactory, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018). 

4.    Prior to any above ground works details and representative samples of the external materials of construction to be used on the walls and roofs of the development as indicated on the submitted Materials Schedule (reference SKPMCW37- MAT-01RevA) shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter  ...  view the full minutes text for item 41.

The Chair brought members’ attention to the statement at Appendix 1 to the Update Report which had been published as a Supplementary Agenda on 11^th October. This statement had been submitted by the new owner of the land as he was unable to attend the meeting and address the committee due to a prior engagement.

DECISION

That the Tree Preservation Order be confirmed, with the removed tree being replaced by another maple that will be protected by the Original order.

REASON

In order to protect the trees which contribute to the visual amenity of the area.

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

Members received for information a list of recent decisions taken under delegation.

To receive for information details of any new appeals or appeal decisions received since the last meeting.

Members received for information details of a new appeal and appeal decisions that had been received since the last meeting.