Agenda and minutes

Development Control Committee
Wednesday, 21st August, 2019 6.30 pm

Venue: Burnley Town Hall

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Items
No. Item

28.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllr Saeed Chaudhary.

29.

Minutes pdf icon PDF 348 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.

30.

List of Deposited Plans and Applications pdf icon PDF 298 KB

To consider reports on planning applications for development permission:

Additional documents:

Minutes:

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

 

1.

 

Cllr Cosima Towneley

APP/2019/0155 – Land west of Red Lees Road, Cliviger, Burnley

2.

 

David Brackley

APP/2019/0155 – Land west of Red Lees Road, Cliviger, Burnley

3.

Steven Hartley

APP/2019/0098 – Thorney Bank Industrial Estate

4.

Janice Minihan

COU/2019/0326 and ADV/2019/0327 – 26 St Mathew St

 

 

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

31.

APP/2019/0155 -Land to the West Red Lees Road, Burnley

Minutes:

Residential development for the erection 129 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.

 

The Committee was advised by the Senior Solicitor prior to the vote on the resolution to refuse that the committee would not have delegated authority to pass such a resolution as this would be a decision that was substantially contrary to the Local Plan and that the application would therefore have to be determined by Full Council.

 

 

Decision:

 

The resolution to refuse planning permission was carried and the reasons provided were : the application did not meet the requirements of Policies SP1 (Sustainability) and SP5 (Development Quality and Sustainability) of Burnley’s Local Plan (2018). 

 

In accordance with the legal advice and Part 3 of Burnley Borough Council’s Constitution at Section A.1.a.3 - Delegations to the Development Control Committee, the matter stands referred to Full Council for final determination.

 

Recorded Vote
TitleTypeRecorded Vote textResult
Motion to refuse planniong permission against officer recommendation Motion

That planning permission be refused as the application did not meet the requirements of policies SP1(Sustainability) and SP5 (Development Quality and Sustainability) of Burnley’s Local Plan (2018).

 

Carried
  • View Recorded Vote for this item
  • 32.

    APP/2019/0098 - Thorney Bank Industrial Estate, Burnley Rd, Hapton pdf icon PDF 274 KB

    Additional documents:

    Minutes:

    Full Planning Application

    Proposed use of land for siting of 40 self-storage containers

    THORNEY BANK INDUSTRIAL ESTATE BURNLEY ROAD HAPTON 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: Location Plan (Ref. FO.190219.A); Existing Site Plan, received 01 March 2019; Proposed Site Plan, received 04 July 2019.

     

    3.         Before the development is brought into use, the customer car parking area identified on the Proposed Site Plan shall be signposted and provided for the parking of customers vehicles in connection with the storage containers and shall thereafter be retained for that purpose.

     

    4.         Before the development is brought into use the extension to the footpath (area coloured brown on the Proposed Site Plan) shall be constructed and made available for use by pedestrians, and shall thereafter be so retained.

     

    5.         Containers shall be single height up to 2.5m high above ground level only and shall not be sited on the approved site other than in the positions and layout as indicated on the approved plans.

     

    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 highway safety.

     

    4.         In the interests of highway safety and to provide for pedestrians entering the site.

     

    5.         To ensure a satisfactory appearance to the development, having regard to its rural surroundings, in accordance with Policies EMP5 and SP5 of Burnley’s Local Plan (July 2018).

    33.

    COU/2019/0326 - 26 St Mathew Street, Burnley pdf icon PDF 326 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed change of use from use class (A1) to (A2) and residential (sui generis) accommodation to 8 bedroomed HMO

    26 St Matthew Street Burnley Lancashire BB11 4JJ

     

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

     

    Conditions and Reasons for 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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans listed below, unless otherwise agreed in writing by the local planning authority.

               

                Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

     

    3.         All materials to be used in the approved scheme shall be as stated on the application form and approved drawings received on 20/6/19 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.         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 0800 hours and 1700 hours on Mondays to Fridays and between 0800 hours and 1300 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.

     

                Reason: To safeguard the amenities of nearby residents in accordance with policy  NE5 of the adopted Local Plan.

     

    5.         The external doors shall be fitted with a self-closing  mechanism, which shall be maintained in working order, and shall be kept closed at all times when not being used for purposes of access into, or egress from, the building.

     

                Reason: To ensure that the emission of noise is controlled in the interests of the amenity of nearby residents in accordance with policy NE5 of the adopted Local Plan.

     

    6.         No combustion of any materials likely to result in smoke or other nuisance by atmospheric pollution shall take place on the site.

     

                Reason: In order to not significantly pollute the environment in accordance with policy NE5 of the adopted Local Plan.

     

    7.         No part of the approved scheme shall be first occupied until refuse and recycling storage provision has been provided as indicated on the approved plans. The approved refuse and recycling storage provision shall thereafter be retained in perpetuity.

     

                Reason: To ensure adequate provision for bin storage in the interests of the visual amenities of the area, in  ...  view the full minutes text for item 33.

    34.

    ADV/2019/0327 - 26 St Matthew Street, Burnley pdf icon PDF 340 KB

    Additional documents:

    Minutes:

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

    Display of 1 no. fascia sign to front elevation

    26 St Matthew Street Burnley Lancashire BB11 4JJ

     

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

     

    Conditions and Reasons for conditions:

     

    1.         Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed at the end of the decision notice.

     

    Reason: For the avoidance of doubt and to clarify the nature of the             consent hereby approved.

     

    2.         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.

     

    Reason: Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

     

    3.         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.

     

    Reason: Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

     

    4.         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.

     

    Reason: Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

     

    5.         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.

     

    Reason: Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

     

    6.         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.

     

    Reason: Required to be imposed by the Town and Country Planning (Control of Advertisement) Regulations 2007.

    35.

    OUT/2019/0196 - 7 Southern Avenue, Burnley pdf icon PDF 290 KB

    Additional documents:

    Minutes:

    Outline Planning Application

    Outline application for erection of a single dwelling including details of access and layout with vehicular access from Southern Court (other matters reserved for future approval

    7 SOUTHERN AVENUE  BURNLEY

     

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

     

    Conditions:

     

    1.    Details of the scale and appearance of the building and the landscaping of the site (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

     

    2.    Application for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

     

    3.    The development hereby permitted shall begin not later than whichever is the later of the following dates: (a) the expiration of three years from the date of this permission; or (b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

     

    4.    The development hereby permitted shall be carried out in accordance with the following approved plans: Drawings DWG 00B, DWG 01B and DWG 02C received 26/04/19, together with any detailed plans subsequently approved in respect of the reserved matters. Drawing DWG 03B Proposed ground Floor and First Floor Plans received 26/04/19 is for indicative purposes only.

     

    5.    No development shall start until a scheme detailing the improvements to the junction of Southern Court and Ightenhill Park Lane has been submitted to and approved in writing by the local planning authority.  The development hereby approved shall not start until the scheme has been implemented in accordance with the approved details.

     

    6.    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 18:00 hours on Mondays to Fridays and between 08:00 hours and 13:00 hours on Saturdays and at no time on Sundays or Bank 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.    The application is in outline only and does not contain complete details of the proposed development.

     

    2.    Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

     

    3.    Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

     

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

     

    5.    In the interests of highway safety having regard to the poor sightlines at the junction of Southern Court and Ightenhill Park Lane in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

     

    6.    To safeguard the amenities of nearby residents in accordance with policy SP5 of Burnley’s adopted Local  ...  view the full minutes text for item 35.

    36.

    HOU/2019/0220 - 50 Clockhouse Avenue, Burnley pdf icon PDF 292 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed erection of an outbuilding

    50 Clockhouse Avenue Burnley Lancashire BB10 2SU

     

    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 received on 18/6/19 and shall not be varied without the prior written approval of the Local Planning Authority.

    4.    The outbuilding hereby approved shall only be used for uses ancillary to the main dwelling, and shall not be used as a separate dwelling.

     

     

    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.

    3.    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.    In the interests of highway safety and to protect off street parking provision in the future in accordance with policy IC3 of Burnley’s adopted Local Plan.

     

     

    37.

    FULR3/2019/0249 - 33-35 Burnley Road, Padiham pdf icon PDF 405 KB

    Additional documents:

    Minutes:

    Full Planning Application

    Reinstatement of 2 no. fomer shops at ground floor level and 2 no apartments to first and second floors, existing party wall to be reinstated and some internal wall reconfigured to create living space. New entrance cores to rear to gain access to the first floor apartments.

    NOS. 33-35 BURNLEY ROAD 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: 04 001 A (Block Plan), 01 002 A (Existing Plans), 04 002 A (proposed Plans), 02 001 A (Existing Elevations) and 05 001 A (Proposed Elevations) received on 7 May 2019.

     

    3.         Before any plant and/or machinery is used on the premises, it shall be enclosed with sound-insulating material and/or mounted in a way that will minimise transmission of structure-borne sound in accordance with a scheme to be approved in writing by the Local Planning Authority, and thereafter maintained.

     

    4.         The replacement window frames shall be timber painted sliding sash windows. As insufficient details have been provided regarding the details of the replacement windows, before any of the existing window frames on the building are removed precise details of like-for-like replacement windows including scaled elevation and profile plans of the new windows at 1:20; detailed window sectional plans at 1:5 and full scale 1:1 details showing glazing bar sections shall be submitted to and approved in writing by the Local Planning Authority. Once approved by the Local Planning Authority the windows shall be installed in accordance with the approved details and shall be retained as such thereafter.

     

    5.         As insufficient joinery details have been provided regarding the replacement shopfronts, before the shopfronts are removed joinery details including door panels, mullion and transoms, cills and cornices should be provided as part of the planning application at a scale of no more than 1:20 as appropriate and should carefully match patterns and profiles traditional to the area. Once approved by the Local Planning Authority the shopfront should be constructed in accordance with the approved details and shall be retained as such thereafter.

     

    6.         All of the internal and external doors to the retail use (Class A1) hereby permitted shall be fitted with a self-closing mechanism, which shall be maintained in working order, and shall be kept closed at all times when not being used for purposes of access into, or egress from, the building.

     

    7.         The retail use (Class A1) hereby permitted shall only be open for business between 08:00 and 18.00 hours unless otherwise approved in writing by the Local Planning Authority.

     

    8.         Before development is commenced a fully detailed scheme for the soundproofing the apartments hereby permitted against internally generated noise from the commercial uses hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be implemented prior to the occupation of the  ...  view the full minutes text for item 37.

    38.

    HOU/2019/0234 - 95 Rosehill Road, Burnley pdf icon PDF 365 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed Conservatory extension to 1st floor rear terrace

    95 Rosehill Road Burnley Lancashire BB11 2JH

     

    Decision:  That the application be approved 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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans listed below: xxxxxx

     

     

    Reasons:

     

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

    2.    To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

    39.

    HOU/2019/0237 - 2 Westwood Road, Burnley pdf icon PDF 291 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed two storey side extension and a  single storey side extension

    2 Westwood Road Burnley Lancashire BB12 0HR

     

    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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans listed below. xxxxxxx

     

    Reasons:

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

    2.    To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

     

     

    40.

    HOU/2019/0358 - 47 Windermere Avenue, Burnley pdf icon PDF 283 KB

    Additional documents:

    Minutes:

    Town and Country Planning Act 1990

    Proposed single storey extension to kitchen and sun room to rear and construct dormers to front and rear and porch to front.

    47 Windermere Avenue Burnley Lancashire BB10 2AB

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

     

    Conditions and Reasons for 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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans listed below.

     

    Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

     

     

     

    41.

    Decisions taken under the Scheme of Delegation pdf icon PDF 78 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 since the last meeting.

    42.

    Appeals & Other Decisions - FDO/2019/0275 Proposed Footpath Diversion Order, Land west of Red Lees Road, Cliviger pdf icon PDF 78 KB

    Additional documents:

    Minutes:

    Application for Public Footpath Diversion Order under section 257 of the Town and Country Planning Act 1990

    Application Reference: FDO/2019/0275

    Date of Application: 15 May 2019

    Proposal:  Proposed diversion of part of Public Footpath Nos. 89 and 90 (Cliviger) (under section 257 of the Town and Country Planning Act 1990)

    At:  Land To The West Red Lees Road Cliviger

     

    Decision: To authorise the Head of Legal and Democratic Services to make an Order under s257 of the Town and Country Planning Act 1990 to divert public footpaths 89 and 90 (Cliviger) as set out on the plan attached to the report and in the event that there are outstanding objections following a period of consultation and negotiation, to refer the Order to the Secretary of State for determination.

     

    Reason for Decision: To, subject to the grant of planning permission, allow the carrying out of development which is subject to a planning application which is currently under consideration.