Agenda and minutes

Venue: Council Chamber,Burnley Town HAll

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Items
No. Item

53.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllrs Cant, Chaudhary & Mottershead.

54.

Minutes pdf icon PDF 232 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.

55.

List of Deposited Plans and Applications pdf icon PDF 124 KB

To consider reports on planning applications for development permission:

Minutes:

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

 

Phill Ashley – FUL/2021/0393, VAR/2021/0203

 

Paul Rhodes – FUL/2021/0412

 

Murray Graham – OUT/2021/0443

 

 

 

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

56.

HOU/2021/0465 - 18 Basnett Street, Burnley pdf icon PDF 307 KB

Additional documents:

Minutes:

This item was withdrawn from consideration.

57.

OUT/2021/0234 - 5 - 17 Croft Street, 3 - 9 Yorkshire Street, Burnley pdf icon PDF 306 KB

Additional documents:

Minutes:

Decision

 

That the decision be delegated to the Head of Housing and Development Control to approve subject to the applicant entering into a section 106 Agreement, and the following conditions:

 

Conditions and Reasons

 

 

1.     Details of the access, appearance, landscaping, layout and scale (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.

 

Reason: The permission is an outline planning permission.        

 

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.

 

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

 

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.

 

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

 

4.     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.

 

5.   An application for the approval of Reserved Matters shall apply the general principles of scale and design indicated in the proposed elevation drawings submitted for indicative purposes only (drawing numbers 766-10-216PRevC, 766-10-217PRevC, 766-10-218PRevC and 766-10-230PRevC, received on 3rd November 2021).

 

       Reason:  The principles of scale and design that are established in this outline application are fundamental to the proposed vertical extension of the building, having regard to its position at the gateway to the Town Centre and potential impact on the setting of an adjoining Grade II listed building and the Town Centre Conservation Area, in accordance with Policies SP5 and HE2 of Burnley`s Local Plan (July 2018).

 

6.    Notwithstanding any indication on the indicative proposed elevations and illustrations submitted with this outline application, details and representative samples of the external materials of construction to be used on the walls and roof of the development (including doors and windows frames) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development.  The development shall thereafter only be carried out in accordance with the approved materials.

 

       Reason:  To ensure an appropriate appearance to the development, having regard to its prominent and sensitive location at the gateway to Burnley Town Centre and the setting of an adjoining Grade II listed building and the Town Centre Conservation Area, in accordance with Policies SP5 and HE2 of Burnley`s Local Plan (July 2018).

 

7.    Prior to the commencement of built development , details of the design and implementation of a surface water sustainable drainage scheme, based on sustainable drainage  ...  view the full minutes text for item 57.

58.

FUL/2021/0393 - The Stables, Plot 4, Lennox St pdf icon PDF 286 KB

Additional documents:

Minutes:

Decision

 

That planning permission be granted subject to the following conditions:

 

Conditions & Reasons

 

1.    The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.     Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

Proposed Location Plan, Elevations and Floor Plans: Dwg no PJA17

Site Plan: Dwg no PJA 7A

Reason: For the avoidance of doubt and to clarify which plans are relevant to the consent.

3.     Notwithstanding the submitted details, precise specifications or samples of walling, door/window surrounds, rainwater goods, roofing/ridge materials including surfacing materials, their colour and texture shall have been submitted to and approved by the Local Planning Authority before their use in the proposed development and shall be retained as such thereafter.

Reason: To ensure that the materials to be used are appropriate to the locality.

4.     No development shall start until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. Hard landscaping shall include proposed finished levels or contours; means of enclosure; parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, refuse or other storage units, signs, lighting etc.); Soft landscaping shall include schedules of plants, noting species, plant sizes and proposed

numbers/ densities where appropriate, and shall include details of the condition of existing trees and specify which are to be retained.

Reason: In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings

5.     All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme approved in writing by the local planning authority.

Reason: In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings

6.     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. 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 protect the amenities of nearby residents.

7.     No part of the development hereby approved shall be occupied until all the highway works have been constructed and completed in accordance with a scheme that shall be submitted to and approved  ...  view the full minutes text for item 58.

59.

VAR/2021/0203 - Plots 1 And 3 Lennox Street Worsthorne-with-hurstwood, Lancashire pdf icon PDF 284 KB

Additional documents:

Minutes:

Decision

 

That approval be delegated to the Head of Housing & Development Control subject to the provision of satisfactory information on the agreement to transfer ownership of the site, and the following conditions:

 

Conditions & Reasons

 

1.     The development shall be carried out in accordance with the details contained in the outline planning permission APP/2014/0122 together with the additional reserved matters set out in the application hereby approved, in accordance with the following plans: Site layout plan drawing Ref PJA2, received on 24 October 2016; amended drawing- Plan and elevations including the provision of stone quoins and changes to the window details received on15 December 2016; and, revised plot 1 plan, received on 26 November 2021.

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

2.    The tree protection measures for the trees to be retained on the site as set out in the application details shall be in place before any development starts and maintained for the duration of the development works to the satisfaction of the local planning authority.

Reason: In order to protect the existing trees on the site having regard to policy NE5 of Burnley’s adopted Local Plan.

3.     The recommendations of the Extended Phase 1 Habitat Survey and the Bat Habitat and Roost Assessment dated October 2016 by Quants environmental Limited shall be implemented in full as set out in the report, to the satisfaction of the local planning authority.

Reason: To ensure that species/habitats protected by the Wildlife and the Countryside Act 1981 are protected.

4.     The scheme for the eradication of the Japanese knotweed (Fallopia japonica) present on the site, dated July 2016 shall be fully implemented as set out in the report, to the satisfaction of the local planning authority.

Reason: The scheme for the eradication of the Japanese knotweed (Fallopia japonica) present on the site, dated July 2016 shall be fully implemented as set out in the report, to the satisfaction of the local planning authority.

5.    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 amenities of nearby residents in accordance with policy SP5 of Burnley’s adopted Local Plan. 

 

6.    The widening of the access drive, provision of a service strip and a turning area as set out in the application shall be completed to the satisfaction of the Local Planning Authority before any of the houses are occupied.

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

 

7.    The ‘granny annexes’ to the dwellings indicated on the approved plans shall remain ancillary to the main dwelling and shall not be used as a separate dwelling for occupation by a separate household.

Reason: For the avoidance of doubt and to prevent the establishment of a separate dwelling having regard to the  ...  view the full minutes text for item 59.

60.

FUL/2021/0412 - Wellfield Methodist and Anglican Primary School, Wellfield Drive, Burnley pdf icon PDF 419 KB

Additional documents:

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.

61.

HOU/2021/0437 - 72 Rosehill Road, Burnley pdf icon PDF 288 KB

Additional documents:

Minutes:

Decision

 

That planning consent be REFUSED for the following reason:

 

Reason

 

1.         The proposed extensions by virtue of their scale, size and design would result in the overdevelopment of the site that is considered to detrimental to the character of the area. Furthermore, the proposed extensions and roof lift would appear disproportionate to the original dwelling and result in the introduction of a dominant unsympathetic development.   The creation of an elongated gable façade which fronts the highway is not considered compatible with the streetscene.  As such the proposal  is considered to be in direct conflict with the aims and objectives of policies HS5 and  SP5 of Burnley’s Local Plan along with the emphasis on securing high quality design set out within the National Planning Policy Framework.

 

62.

FUL/2021/0281 - Brownside Shed Mill, Brun Terrace, Worsthorne-with-Hurstwood pdf icon PDF 279 KB

Additional documents:

Minutes:

Decision

 

That planning permission be granted subject to the following conditions:

 

Conditions & Reasons

 

1.    The development must be begun within three years of the date of this decision.

 

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 listed on this notice below.

 

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

 

3.   The materials of construction to be used on the external walls and roof of the development shall be in accordance with the approved plans and the specifications on the application forms unless any variation to this is otherwise approved in writing by the Local Planning Authority.

 

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

 

4.   No unit shall be first occupied until the means of access from the junction of     Brownside Road and Brun Terrace to the proposed building has been improved   in accordance with a detailed scheme that shall be first submitted to and approved in writing by the Local Planning Authority.

 

Reason:  To cater for additional traffic on a private road that is also used by residential properties and is unsuitable for further traffic movements without improvements to its condition, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

 

5.   The development shall not be carried out otherwise than in full accordance with the submitted Flood Risk Assessment (report reference 2021-041-A) and the mitigation measures contained within it.

 

Reason: To ensure the satisfactory implementation of the proposal, in order to appropriately manage the risk of flooding, in accordance with Policy CC4 of Burnley`s Local Plan (July 2018).

 

  6.    Prior to the commencement of built development , details of the design and implementation of a surface water sustainable drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall thereafter be implemented and completed in accordance with the approved scheme prior any unit being first brought into use.  The approved drainage scheme shall be retained at all times thereafter.

 

Reason:  To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policies CC4 and CC5 of the Burnley's Local Plan (July 2018). The scheme is required prior to the commencement of development to ensure that acceptable works can be agreed before works start and can then be implemented at an appropriate stage in the development.

 

7.      Foul and surface water shall be drained on separate systems.

 

          Reason: To secure proper drainage and to manage the risk of flooding and pollution, in accordance with Policies CC4 and NE5 of Burnley`s Local Plan (July 2018).

 

8.         No development shall be commenced until protective fencing to protect the trees to be retained  ...  view the full minutes text for item 62.

63.

COU/2021/0536 - 148-150 Colne Road, Burnley pdf icon PDF 330 KB

Additional documents:

Minutes:

Decision

 

That planning permission be granted subject to the following conditions:

 

Conditions & Reasons

 

1.     The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.    Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings: Existing and Proposed Plans: 2077/01 Rev A

Reason: For the avoidance of doubt and to clarify which plans are relevant to the consent.

3.    The use of the premises hereby permitted, shall only be operated between the following hours: 09:00 - 22:00: Monday to Sunday including Bank Holidays.

Reason: To define the scope of the consent hereby approved and in order to protect nearby residential amenity.

4.    Unless otherwise agreed in writing with the Local Planning Authority, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any equivalent Order following the revocation and re-enactment thereof (with or without modification), shall be used as a cafe (Use Class E) at ground floor with ancillary storage and office at first floor (Use Class E) and for no other use within these use classes as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended). Reason: To ensure that the property is used solely as its intended use as any other use within use class may not be considered acceptable in the interest of amenity of the area and the area generally in accordance with Policies SP1, SP4, SP5, TC2 and EMP3 of the Local Plan.

5.    The proposed refuse provision hereby approved shall be implemented prior to the commencement of the use hereby approved. Thereafter the approved facilities together with the means of access thereto shall be maintained and carried out as approved and be retained for the benefit of the lifetime of the development hereby permitted.

Reason: In the interests of amenity in accordance with Polices SP5 of the Local Plan

6.    Prior to the extraction flue being first brought into use all external parts of the flue and cowl and associated fitments shall be coloured black/a dark matt finish and retained as such at all times in the future.

Reason: In the interests of amenity in accordance with Polices SP5 of the Local Plan

64.

OUT/2021/0443 - Land at Barden Lane, Burnley pdf icon PDF 359 KB

Additional documents:

Minutes:

Decision

 

To delegate to the Head of Housing and Development Control to approve subject to the applicant entering into a section 106 Agreement relating to open space improvement, affordable housing, off-site woodland mitigation, off-site woodland management and enhancement, provision of new pedestrian link and improvements to public bridleway, and the following conditions:

 

Conditions & Reasons

 

1.    Details of the appearance, landscaping, layout and scale (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.

Reason: The permission is an outline planning permission.

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.

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

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

4.    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.

5.    An application for the approval of Reserved Matters shall provide for a minimum 6m wide green buffer along the bank of the Leeds and Liverpool Canal and a 15m green buffer (with a short localised 10m exception) on the southern elevation of the site.

Reason: To protect the wildlife of the canal corridor which is a designated Biological Heritage Site and to maintain a woodland buffer to the south side of the site to protect the Lancashire Woodland Ecological Network, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

6.    An application for the approval of Reserved Matters shall be accompanied by details of how a minimum of 20% of the proposed dwellings would comply with the optional technical standards of Part M4(2) of the Building Regulations 2010 to be provide adaptable homes. None of the identified dwellings to be constructed with the approved details shall be first occupied until a verification report prepared by a suitably competent surveyor or professional to demonstrate that the standard has been achieved for each dwelling , has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the development provides benefits to new occupiers by the provision of adaptable homes to meet lifetime needs, in accordance with Policy HS4 of Burnley’s Local Plan (July 2018).

7.    An application for the approval of Reserved Matters shall be accompanied with details of how energy and water efficiency measures have been designed into  ...  view the full minutes text for item 64.

65.

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 noted the list of decisions.