Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Saeed Chaudhary, Neil Mottershead and Mark Payne.

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

The Minutes of the last meeting held on 21^st August 2019 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.

In accordance with the provisions of Section 100(B)(4)(b) of the Local Government Act 1972, the Chair decided that the item relating to Minute 58 should be considered in view of the circumstance outlined in the report.

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.

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.

            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 9/4/19 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.    The building hereby permitted shall be used for agricultural purposes only (as defined in Section 336 (1) of the Town and Country Planning Act 1990.

Reason: To ensure that the building is used solely for agricultural purposes and to safeguard the open countryside in accordance with policy SP4 of Burnley’s adopted Local Plan

5. Foul and surface water shall be drained on separate systems.  Surface water shall be drained in accordance with the hierarchy of drainage options in national planning practice guidance. In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be agreed with the statutory undertaker prior to connection to the public sewer.

Reason: To secure proper drainage and to manage the risk of flooding and pollution. 

Decision:  That delegated authority be given to the Head of Housing and Development Control to approve the development subject to the completion of a s106 Agreement to secure a contribution towards the improvement of existing public open space 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.            Prior to construction work commencing on the approved dwellings, 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.

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: 

               i)  the parking of vehicles of site operatives and visitors; 

               ii)  loading and unloading of plant and materials; 

               iii) storage of plant and materials used in constructing the development;

               iv)  the erection and maintenance of security hoarding;

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

              vi) measures to control noise during construction; 

               vii) wheel washing facilities;

               viii) details of working hours;

              ix) details of phasing of the development and timescales for completion of stages of the development;

             x) routing of delivery vehicles to/from the site; and,

               xi) contact details for the site manager.

5.            No construction of the approved dwellings shall be commenced until a scheme for the construction of the site access has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved scheme has been carried out and completed in accordance with the approved details.

6.            Prior to the commencement of development, the following shall be submitted to and approved in writing by the Local Planning Authority:-

               a) A desktop study to identify all previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced.

               b)  If necessary following the recommendations of a) above, a site investigation designed for the site using the information obtained from (a) above; and,

               c)  a site investigation and associated risk assessment; and,

               d)  a Method Statement and remediation strategy, based on the Information obtained from c) above.

               The development shall then proceed in strict accordance with the measures approved.  Work shall be carried out and completed in accordance with the approved  ...  view the full minutes text for item 48.

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 3/7/19 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.         The stable building hereby permitted shall be for private use only and shall not be used in connection with any commercial enterprise such as livery stables or riding school.

Reason: For the avoidance of doubt as the more intensive commercial use of the development could be detrimental to the appearance and character of the locality, the amenities of nearby residents or highways safety contrary to policy SP 5 of the adopted Local Plan.

5.         Before the access is used for equestrian purposes, any gateposts erected at the access shall be positioned 5m behind the back edge of the verge. The gates shall open away from the highway.

Reasons: To permit horses to stand clear of the carriageway when entering and exiting the site and to ensure the swing of the gates do not affect the availability for a horse and rider to wait off the adopted verge. 

6.         Before the access is used for equestrian purposes, that part of the access extending from the highway boundary for a minimum distance of 5m into the 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.         No part of the development hereby approved shall commence until a scheme for the construction of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority as part of a section 278 agreement, under the Highways Act 1980.

Reasons: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences.  For the avoidance of doubt the scheme shall include the surfacing details and provision of bollards to prevent vehicle parking.  ...  view the full minutes text for item 50.

Amended Plan

An ameded plan regarding the proposed location of the refuse and recycling bin stores was provided (CROS/01 Dwg 02A, received on 17^th September 2019), showing an internal bin store within the application site.

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.

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. 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

4. 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.

 5.  The development hereby approved shall be used solely for purposes falling within Class A1 and/or Class A4 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

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

6. Prior to any work on the shopfront, full and precise joinery details (at a scale of no more than 1:20 as appropriate) shall be submitted to and approved in writing by the Local Planning Authority. The joinery details 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.

Reason: As insufficient information has been submitted and in order to ensure a satisfactory appearance to the development and to protect the character and appearance of the Conservation Area in accordance with Policies TC8, HE2 and SP5 of Burnley’s Local Plan (July 2018)

7. Prior to the removal of any existing window frames on the building precise details of replacement windows including scaled elevation  ...  view the full minutes text for item 51.

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.

            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 6/819 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.         Prior to the occupation of development, a detailed scheme showing the external treatment of the bin store shall have been submitted to the Local Planning Authority for approval. The approved bin storage shall be made available prior to first use/occupation of the development hereby approved and thereafter retained.

Reason: In the interests of visual amenity and to accord with Policy SPF of Burnley's adopted Local Plan

            Reason: To ensure adequate provision for bin storage  ...  view the full minutes text for item 52.

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 12/7/19 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

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.

            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.  All windows and door positions shall be as per the approved drawings.

            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 23/7/19 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

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.

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.

3.    The materials to be used in the new development shall be carried out in accordance with drawing no. R.A 40/1A date stamped 3^rd August 2019.  There shall be no variation of these materials without the prior written consent of the Local Planning Authority.

Reason: To ensure the satisfactory visual appearance of the new development.

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 13/08/2019 to 10/09/2019

The Chair has decided that this report should be taken under item 3 on the agenda, Additional Items of Business, in order for it to be determined by the deadline of 5^th October 2019.  

Consideration was given to a provisional tree preservation order at St John’s Church, Worsthorne

RESOLVED

That the Tree Preservation Order (TPO) 2019 be confirmed.