Agenda and draft minutes

To receive any apologies for absence.

There were no apologies for absence.

To approve as a correct record the Minutes of the previous meeting, held on 7^th February 2024.

The Minutes of the last meeting held on 7^th February 2024 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 Raja declared a personal interest in minute number 80 [agenda item 6e) FUL/2023/0708 as he was one of the three members who had asked for the decision to be taken by the committee rather than by an officer under delegated authority. In accordance with the Code of Conduct for Members he was permitted to remain in the meeting and participate fully in the debate and vote.

To determine during which items, if any, the public are to be excluded from the meeting.

Exclusion of the press and public was as set out in the agenda.

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:

FUL/2022/0629

Gary Isherwood

Matthew Hartley

Graham Love

FUL/2021/0691

Karl Walker

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

Town and Country Planning Act 1990

Erection of 36 three and four bedroom dwellings with associated landscaping, car parking and access from Heckenhurst Avenue

Land West of Heckenhurst Avenue Brownside Burnley

Prior to the vote on the resolution to refuse the planning application the Committee was advised by the Head of Housing and Development Control that the Committee would not have delegated authority to pass such a resolution as this would be a decision that, in his professional opinion, was substantially contrary to the Local Plan and Local Plan Policies.

The Committee was further advised that, under the Council’s constitution, the Committee did not have delegated powers to pass a resolution to refuse as this would be a decision that was substantially contrary to the Local Plan. The vote to refuse would be taken but, if carried, it would have no effect. The decision would be referred to the Head of Legal and Democratic services to confirm in writing within five working days after the decision of the Committee, in consultation with the Chair, whether she agreed with the view of the officers. If she agreed that the decision was substantially contrary to the local plan it would be referred to the Full Council for determination.

The Committee was advised by the Legal Advisor that any decision taken in this matter must be based on, and only on, proper planning grounds reflecting their planning judgment of the case. Their officers had advised fully in relation to the relevant material considerations and policy background and members should consider that advice carefully. Whilst they were not bound to follow that advice, in any appeal proceedings arising out of the decision they made, the Council would be expected to produce evidence to substantiate each reason for refusal, by reference to the Development Plan and all other material considerations. If the Council failed to, or could not do so, then costs may be awarded against it.

The Legal Advisor reiterated that members were not bound to adopt the professional or technical advice given by their own officers or received from statutory bodies or consultees. However, they would be expected to show that they had reasonable planning grounds for taking a decision contrary to such advice and were able to produce relevant evidence to support their decision in all respects. If the Council were to fail to do so, it may be liable to have costs awarded against it. Whether or not a costs order may, or may not, be made and how much that may, or may not, amount to, was, however, not a material consideration and was therefore not something members should be considering in deciding whether planning permission should be granted or not.

On several occasions the Head of Housing and Development Control asked members who were minded to refuse the application to provide detailed reasons why they believed the application did not meet Local Plan Policies IC1, IC2 and IC5.

DECISION

The resolution to refuse planning permission was carried and the  ...  view the full minutes text for item 76.

Adjournment of meeting

With the consent of the meeting the Chair adjourned the meeting for five minutes at 9:00pm.

The meeting reconvened at 9:05pm.

It was moved, seconded and RESOLVED that the meeting continue beyond three hours to allow the remainder of the business on the agenda to be concluded.

Prior to the vote on the resolution to refuse the planning application the Committee was advised by the Head of Housing and Development Control that the Committee would not have delegated authority to pass such a resolution as this would be a decision that, in his professional opinion, was substantially contrary to the Local Plan and Local Plan Policies.

The Committee was further advised that, under the Council’s constitution, the Committee did not have delegated powers to pass a resolution to refuse as this would be a decision that was substantially contrary to the Local Plan. The vote to refuse would be taken but, if carried, it would have no effect. The decision would be referred to the Head of Legal and Democratic services to confirm in writing within five working days after the decision of the Committee, in consultation with the Chair, whether she agreed with the view of the officers. If she agreed that the decision was substantially contrary to the local plan it would be referred to the Full Council for determination.

The Committee was advised by the Legal Advisor that any decision taken in this matter must be based on, and only on, proper planning grounds reflecting their planning judgment of the case. Their officers had advised fully in relation to the relevant material considerations and policy background and members should consider that advice carefully. Whilst they were not bound to follow that advice, in any appeal proceedings arising out of the decision they made, the Council would be expected to produce evidence to substantiate each reason for refusal, by reference to the Development Plan and all other material considerations. If the Council failed to, or could not do so, then costs may be awarded against it.

The Legal Advisor reiterated that members were not bound to adopt the professional or technical advice given by their own officers or received from statutory bodies or consultees. However, they would be expected to show that they had reasonable planning grounds for taking a decision contrary to such advice and were able to produce relevant evidence to support their decision in all respects. If the Council were to fail to do so, it may be liable to have costs awarded against it. Whether or not a costs order may, or may not, be made and how much that may, or may not, amount to, was, however, not a material consideration and was therefore not something members should be considering in deciding whether planning permission should be granted or not.

On several occasions the Head of Housing and Development Control asked members who were minded to refuse the application to provide detailed reasons why they believed the application did not  ...  view the full minutes text for item 77.

Burnley Mechanics Theatre Manchester Road Burnley

Replacement of timber loading bay doors to the rear with powder coated aluminium

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

1.     The works hereby permitted shall begin before the expiration of three years from the date of this consent.

Reason: As required by Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.     The development hereby permitted shall not be carried out other than to the specifications as indicated on the approved drawings except where modified by the conditions of this consent. The approved drawings are: Mechancis/Mec 01 (Proposed Loading Bay Doors at 1:100 Scale) received 22 February 2024.

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.

Reason: In order to safeguard the special architectural or historic interest and heritage significance of the building and comply with Policy HE2 of Burnley’s Local Plan (July 2018).

4.     This approval is limited to the works shown on the approved drawings and does not indicate approval for associated or enabling works that may be necessary to carry out the scheme. Any further works must be submitted to and approved in writing by the Local Planning Authority prior to any works commencing.

Reason: In order to safeguard the special architectural and historic interest of the listed building and to comply with Policy HE2 of Burnley’s Local Plan (July 2018).

5.     Any works of making good to the retained fabric, shall be finished to match the adjacent work with regard to the methods used and to colour, material, texture, and profile, except where indicated otherwise on the drawings hereby approved.

Reason: In order to safeguard the special architectural and historic interest of the listed building and to comply with Policy HE2 of Burnley’s Local Plan (July 2018).

Town and Country Planning Act 1990

Installation of new shopfront

30-32 The Mall, Burnley, Lancashire, BB11 1BA

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

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 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. No development shall take place, including any works of demolition or site

clearance, until a Construction Management Plan (CMP) or Construction Method Statement (CMS) has been submitted to, and approved in writing by the local planning authority. The approved plan / statement shall provide:

• 24 Hour emergency contact number.

• Details of the parking of vehicles of site operatives and visitors.

• Details of loading and unloading of plant and materials.

• Measures to protect vulnerable road users (pedestrians and cyclists).

• The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate.

• Measures to deal with dirt, debris, mud, or loose material deposited on the highway because of construction.

• Measures to control the emission of dust and dirt during construction.

• Details of a scheme for recycling/disposing of waste resulting from demolition and construction works.

• Construction vehicle routing.

• Delivery, demolition, and construction working hours.

The approved Construction Management Plan or Construction Method Statement shall be adhered to throughout the construction period for the development.

Reason: In the interests of the safe operation of the adopted highway during the demolition and construction phases.

Note

This is a grant of planning permission only. It is not a grant of Advertisement Consent. Should Advertisement Consent be necessary for works approved within this planning application, separate consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 will be required.

Town and Country Planning Act 1990

Change of use from family dwelling (Use Class C3) to children’s care home (Use Class C2) with an attic conversion and a rear single storey extension (Re-submission of COU/2023/0421).

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

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: 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 shall be carried out in accordance with the submitted application form received 23^rd November 2023 and the following submitted Drawings:

Drawing No. 2207/01A, Existing and proposed plans and location plan, received 23.11.23

Reason: To ensure continued compliance with the Development Plan.

3. No materials shall be used for the proposed development other than those referred to on the submitted application form and the approved plans, and so retained.

Reason: In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality in accordance with Policy SP5 of the Local Plan, and the NPPF.

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

Reason: To safeguard the residential amenities of the local area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).

5.    Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any subsequent re-enactment, the approved use shall only be used as a residential care home for up to 2 children who shall be housed from within a 40-mile radius of the application site and not for any other use falling within Class C2.

Reason: To ensure the satisfactory implementation of the proposal to meet local needs and in order that the Local Planning Authority can assess future changes of use in the interests of amenity and highway safety to accord with Policy SP5 of Burnley`s Local Plan (July 2018).

Informative Notes:

1.    The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards.  If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848.

2.    May I also bring to your attention the requirements of the Building Regulations 2010 which is a separate statutory approval that may relate to your development. The Council’s Building Control Team can offer advice on your project and will provide you with detailed guidance in relation to all Building Regulation matters. They will also provide a fee proposal for undertaking a formal submission. Please refer to: Building Control - burnley.gov.uk

Town and Country Planning Act 1990

Application to crown reduce (by 25%) three trees protected by the Burnley (Arkwright Street No. 2) Tree Preservation Order 1988.

373 Padiham Road, Burnley.

DECISION

That the application be approved subject to the following conditions.

CONDITIONS AND REASONS

1.    The tree work must be completed within 2 years from the date of this permission.

Reason: Pursuant to Regulation 17 (4) of the Town and County Planning (Tree Preservation) (England) Regulations 2012.

2.    The tree work is restricted to the crown reduction (to a maximum of 25%) of three trees (T1, T2, T3).

Reason: In order to keep control of tree work in the interests of the amenity of the area.

3.    The tree work must be carried out to British Standards.

Reason: In order that the work is completed to a suitable standard.

To receive for information a list of delegated decisions taken between 23^rd January and 1^st March.

Members received for information a list of decisions taken under delegation for the period 23^rd January 2024 to 1^st March 2024.

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

Members received for information an update regarding appeals submitted and appeal decisions received since the last meeting.