Agenda and minutes

Venue: Burnley Town Hall

Contact: Imelda Grady/Alison McEwan  Democracy Officers

Items
No. Item

92.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Mark Payne.

93.

Minutes pdf icon PDF 86 KB

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

Minutes:

The Minutes of the last meeting held on 14th February 2019 were approved as a correct record and signed by the Chair.

94.

List of Deposited Plans and Applications pdf icon PDF 563 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:

 

1.

Emily Robinson (for)

APP/2018/0504 – Land at west side of Station Road and adjacent to Padiham Gateway and Green Lane Padiham

 

2.

Andrew Booth (for)

APP/2018/0513 – Land off Florence Avenue Burnley

3.

Alan Kinder (for)

APP/2018/ 0537 – Thompson Street Works, Thompson Street Padiham

 

 

RESOLVED             

That the list of deposited plans be dealt with in the manner shown below.

95.

APP/2019/0001 - Sandygate Square, Sandygate, Burnley pdf icon PDF 295 KB

Demolition of existing locally listed Neptune Pub, construction of a proposed new 4 storey mixed use building to provide student accommodation (136) bedrooms) including ancillary communal areas, laundry room, gym, reception, study/resources room and students hub with part lower ground floor car parking; together with provision of 3 commercial units (mix A1, A2, A 3, B1) and associated landscaping.

Additional documents:

Minutes:

Full Planning application

 

APP/2019/0001 – Demolition of locally listed Neptune Inn; construction of new 4 storey mixed use building to provide student accommodation (136 bedrooms); ancillary communal areas to include laundry room, gym, reception, study/resources room and student hub; part ground floor car parking; provision of 3 commercial units; and associated landscaping, together with provision of new car park off Wiseman Street for 35 vehicles. 

SANDYGATE SQUARE SANDYGATE

 

Note; that paragraph 7 on page 42 of the agenda relates to Sandygate Square and not Land West of Station Road Padiham.

 

Decision

 

That planning permission be granted subject to the following amended 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:

 

·               Location Plan                       010 rev B rec’d 19 Mar 19

·               Site Layout Plan                 009 rev E rec’d 19 Mar 19

·               LG Floor plan                        001 rev N rec’d 20 Feb 19

·               GF Plan                                 002 rev M rec’d 20 Feb 19

·               1F & 2F Floor Plans            003 rev N rec’d 20 Feb 19

·               3F Floor Plan                        004 rev O rec’d 19 Mar 19

·               Roof Plans                           005 rev E rec’d 19 Mar 19

·               N & E elevations                 006 rev I rec’d 19 Mar 19

·               S elevations                         007 rev J rec’d 19 Mar 19

·               W elevations                        008 rev H rec’d 19 Mar 19

·               Existing Topo Survey          011 rev A rec’d 9 Jan 19

·               Drainage Strategy                C-50 rev B rec’d 9 Jan 19

·               Existing Site Sections        015 rev A rec’d 9 Jan 19

 

3.            The development shall be carried out in full accordance with a scheme which has first been approved in writing by the Local Planning Authority, to include details of the design, based on sustainable drainage principles and implementation of an appropriate surface water sustainable drainage scheme.  The details shall include as a minimum:

               a)      Information about the lifetime of the development:

·   Design storm period and intensity (1in 30 & 1 in 100 year +  

  allowance for climate change, see EA advice (Flood Risk

  assessments: climate change allowances) - discharge rates and

  volumes (both pre and post development)

·   Temporary storage facilities

·   The methods employed to delay and control surface water

   discharged from the site

·   The measures taken to prevent flooding and pollution of the

   receiving groundwater and/or surface waters, including

   watercourse

·   Details of floor level in AOD

 

      b)      The drainage strategy should demonstrate that the surface water run-off must not exceed the pre-development greenfield run-off rate. The scheme shall be subsequently implemented in accordance with the approved details before the development is completed.

 

               c)      Flood water exceedance routes, both on and off the site

 

               d)      A timetable for implementation, including phasing if possible

 

               e)      Evidence of an assessment of the site conditions to include site

                      investigation

 

The scheme shall be implemented in accordance with the approved details prior to the first occupation of any of the approved dwellings or the completion of the development, whichever is the sooner. Thereafter the drainage system  ...  view the full minutes text for item 95.

96.

APP/2018/0504 - Land at West side of Station Road and adjacent to Padiham Gateway and Green Lane, Padiham pdf icon PDF 303 KB

Proposed residential development of 45no. dwellings and associated works.

Additional documents:

Minutes:

Full Planning application

Proposed residential development of 45no. dwellings and associated works

LAND AT WEST SIDE OFSTATION ROAD & ADJACENT TO PADIHAM GATEWAY AND GREEN LANE PADIHAM

 

Note; that paragraph 7 on page 42 of the agenda relates to Sandygate Square and not Land West of Station Road Padiham.

 

Decision

 

That the application be delegated to the Head of Housing and Development Control to approve the application subject to the conditions set out in the report, with Condition 2 as amended, upon receipt of a satisfactory Unilateral Undertaking in respect of a contribution to be paid towards  Education Provision.

 

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: Location Plan, drawing no.100 Rev 1; Existing Site Plan, drawing no. 101; Masterplan Overlay, drawing no. 103; Boundary Plan, drawing no. 109; Finished Levels and Retaining Walls, drawing no. SPB-AJB-XX-00-DR-C-1405 Rev 2; Drainage Layout, drawing no. SPB-AJP-XX-00-DR-C-1000 REV p1;Vehicle tracking, drawing no. SPB-AJP-XX-00-DR-C-1570; Tree Survey and Root Protection Areas drawing no.5877.01; Tree Protection Plan, drawing no.5877.02; House Type 2B4P plans, drawing no. 115; House Type 2B4P elevations, drawing no. 116; House Type 3B5P plans, drawing no 120; House Type 3B5P elevations, drawing no.121; House Type 1B2P Flat plans, drawing number 150A; House Type 1B2P Flat elevations, drawing no. 151A; Fence details, drawing no. FD03; Fencing details,drawing no. FD04; Gate details, drawing no. FD13 all received 31 Oct 18

 

         Amended Plan, Indicative Planting, drawing no. 108A received 29 Nov 18;

 

         Site Plan drawing no. 105B; Street Elevations drawing no. 110A received 30 November 2018.

 

3.      No dwellings shall be occupied until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details, until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established.

 

4.      For the full period of construction, facilities shall be provided within the site by which means the wheels of the vehicles may be cleaned before leaving the site. There should also be provision to sweep the surrounding highway network by mechanical means if necessary.

 

5.      No dwellings shall be occupied, until full engineering, drainage, street lighting and constructional details of the streets proposed for adoption have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details, unless otherwise approved in writing with the local planning authority.

 

6.      The development shall be carried out in full accordance with the approved construction method statement throughout the construction period, which provides for:

i)             The parking of vehicles of site operatives and visitors

ii)            The loading and unloading of plant and materials

iii)           The  ...  view the full minutes text for item 96.

97.

APP/2018/0513 - Land off Florence Avenue, Burnley pdf icon PDF 287 KB

Erection of  24 dwellings and associated works.

Additional documents:

Minutes:

Full Planning application

Erection of 24 dwellings and associated works

LAND OFFFLORENCE AVENUE  BURNLEY

 

Note: referring to ‘Affordable Housing’ on page 59 of the agenda, paragraph 2  should be deleted as the nature of the application has changed.

 

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 : Location Plan 100A; Site Clearance Plan 103; Existing Site Plan – 101A Boundary Plan  108A; Landscape Proposals 5857.01 A; Finished Levels and retaining walls FAB-AJP-XX-00-DR-C-1400 P2; Drainage Layout FAB-AJP-XX-00-DR-C-1000 P2; Cut and Fill Total areas  FAB-AJP-XX-00-DR-C-1415 P2,  received 31 October 18.

 

Proposed site plan 105D received 29 Nov 19; Bungalow type 130A received 16 Jan 19;  Landscape Masterplan 5857.04 rev B; Tree Protection Plan 5857.03A; Tree Survey and Root Protection Areas 5857.03A; s78 Construction Plan FAB-AJP-XX-00-DR-C-1650 P2 received 29 Jan 19; Site Cross Section FAB-AJP-XX-00-DR-C-1440 P1 received 7 March 19; Proposed Street Elevations 107C received 13 March 19.

3.      No dwelling shall be occupied until full engineering, drainage, street lighting and constructional details of the footway to be reconstructed has been submitted to, approved in writing by the local planning authority and constructed in accordance with the approved details. 

 

4.      No dwelling shall be occupied until the approved scheme referred to in Condition 1 has been constructed and completed in accordance with the scheme details.

5.      For the full period of construction, facilities shall be available on site for the cleaning of the wheels of vehicles leaving the site and such equipment shall be used as necessary to prevent mud and stones being carried onto the highway. The roads adjacent to the site shall be mechanically swept as required during the full construction period.

 

6.      The development shall be carried out in full accordance with the approved construction method statement as approved in writing by the local planning authority. The approved statement shall thereafter be adhered to throughout the construction period. It shall provide for:

 

i)             The parking of vehicles of site operatives and visitors

ii)            The loading and unloading of plant and materials

iii)           The 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)           A scheme for recycling/disposal of waste water from construction works

vii)         Details of working hours

viii)        Routing of delivery vehicles to/from the site.

 

7.      In the event that previously unidentified, or unexpected contamination is found at any time during the development, it must be reported in writing immediately to the local planning authority. A full risk assessment (including investigations if necessary) must be undertaken and a remediation scheme must be prepared if necessary.  The assessment must be submitted and approved in writing by the Local Planning Authority before any works continue.

 

8.      Where any remedial works are necessary, a verification  ...  view the full minutes text for item 97.

98.

APP/2018/0446 - Land at Grove Lane, Padiham pdf icon PDF 309 KB

Proposed construction of terrace of 5no. two storey dwellings with forecourt parking.

Additional documents:

Minutes:

Full Planning application

Proposed construction of terrace of 5no. two storey dwellings with forecourt parking

LAND ATGROVE LANE & HIGH STREET PADIHAM

 

Decision

 

That planning permission be granted subject to the following 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:  5668-003, received on 14 September 2018; 5668-004B, received on 19 November 2018; 5668-002E, received on 5 December 2018; and, Loc1 (1:1250 location plan) and 5668-007E, received on 7 March 2019.

 

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 of off-site works of highway improvement has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall provide for any necessary alterations to the highway resulting from the proposal including changes to street lighting. 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  ...  view the full minutes text for item 98.

99.

APP/2018/0537 - Thompson Street Works, Thompson Street, Padiham pdf icon PDF 322 KB

Proposed extension to workshop (partial demolition of existing building).

Additional documents:

Minutes:

Full Planning Application

Proposed extension to workshop (partial demolition of existing building)

THOMPSON STREET WORKSTHOMPSON STREET 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: Harper/06Dwg02; and, Harper/06-Dwg09A, Harper/06Dwg05A, Harper/06Dwg07B and Harper/06Dwg06A, received on 31 January 2019.

 

3.      The development shall be carried out and completed in full accordance with all the recommendations contained within the Flood Risk Assessment submitted with the application, prepared by UK Flood Risk Consultants, referenced QFRA 1164 v1.0, dated 2 November 2018.

 

4.      The approved extension shall not be first brought into use until the car park has been laid out with car parking spaces and manoeuvring areas in accordance with a scheme to be first submitted to and approved in writing by the Local Planning Authority.  The approved car parking spaces and manoeuvring areas shall thereafter be retained at all times.

 

5.      During the construction phase of the development, no construction work or use of machinery or deliveries to the site shall take place on Sundays and Bank/Public Holidays or outside the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays.

 

6.      The external walls and roof of the approved development shall be constructed in accordance with details submitted on 14 March 2019 unless any changes to these details are previously submitted to and approved in writing by the Local Planning Authority.

 

 

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

 

3.      To ensure that the development does not pose an unacceptable risk to flooding for occupiers of the development or elsewhere, in accordance with Policy CC4 of Burnley's Local Plan (July 2018).

 

4.      To ensure adequate operational space and parking spaces to serve the needs of the business, in the interests of safety, in accordance with Policy IC3 of Burnley's Local Plan (July 2018).

 

5.      To protect the amenities of local residents, in accordance with Policy NE5 of Burnley's Local Plan (July 2018). 

 

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

 

 

100.

APP/2018/0554 - 6 Shorey Bank, Burnley pdf icon PDF 304 KB

Proposed kitchen extension.

Additional documents:

Minutes:

Full Planning Application

Proposed kitchen extension

6 SHOREY BANK, 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 hereby permitted shall be carried out in accordance with the following approved plans: Drawing Nos: S.B 6/1, S.B 6/2, and S.B 6/3 (location plan), S.B 6/4, S.B 6/5 received 6 December 2018

 

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

 

 

 

101.

APP/2018/0573 - 5 Ightenhill Park Mews, Avondale Avenue, Burnley pdf icon PDF 293 KB

Single storey pitched roof rear/side extension.

Additional documents:

Minutes:

Full Planning Application

Single storey pitched roof rear/side extension

5 IGHTENHILL PARK MEWSAVONDALE AVENUE  BURNLEY

 

Decision

 

That planning permission be grated 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: Drawing Nos: 1830 - LP01 (location plan), 1830 - PL11, 1830 - LP10, 1830 - PL01, 1830 - PL01, 1830 - PL10 and 1830 - PL02, received on 23 November 2018.

 

 

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

 

 

 

 

 

 

102.

APP/2019/0021,0022,0023,0024,0025,0026,0027,0028,0029,0032 - Various sites pdf icon PDF 297 KB

Installation of alleygates.

Additional documents:

Minutes:

Full Planning Applications for various alleygating schemes.

 

APP/2019/0022 – 4no. sets of 2 metre high Alleygates

R/O 1-24 RIBBLESDALE ST, 3-19 SHACKLETON ST, 1-23 HEATH ST, 38-46 CLEAVER ST

 

APP/2019/0023 – 2no. sets of 2 metre high Alleygates

R/O 1-27 IVAN ST, 424-448 COLNE ROAD

 

APP/2019/0024 – 2no. sets of 2 metre high Alleygates

R/O 62-98 ELM STREET

 

APP/2019/0025 – 4no. sets of 2 metre high Alleygates

R/O 60-75 VICTORIA RD, 18-42 SPENSER ST, 1-21 VILLERS ST,

25 CARDWELL ST

 

APP/2019/0026 – 2no sets of 2 metre high Alleygates

R/O 3-17 CLARENCE ST & 10-32 SMALLEY ST

 

APP/2019/0027 – 2no. sets of 2 metre high Alleygates

R/O 2-20 RANDALL ST, 1-27 RAWSON ST

 

APP/2019/0028 – 2no. sets of 2 metre high Alleygates

R/O 1-39 DALL ST, 2-32 HOLLINGREAVE RD

 

APP/2019/0029 – 2no. sets of 2 metre high Alleygates

R/O 1-13 CARTER ST, 292-304 PADIHAM RD

 

APP/2019/0032 – 3no. sets of 2 metre high Alleygates

R/O 1-5 MORLEY ST, 79-87 BURNLEY RD, 10-18 SOWERBY ST

 

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 submitted

drawing.

 

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.         In order to ensure continued compliance with the Burnley Local Plan

 

 

 

 

103.

APP/2019/0018 - Market Hall, Curzon Street, Burnley pdf icon PDF 301 KB

Proposed extract flues to market hall roof (3no.)

Additional documents:

Minutes:

Regulation 3 Application

Proposed extract flues to market hall roof (3no.)

MARKET HALLCURZON STREET 

 

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:

  • Drawing Number BMH 01/04, received 10 January 2019

 

3.         The approved extract ventilation system and odour control equipment indicated on the above drawings shall be maintained in good working order at all times. The extract ducting shall be removed as soon as possible when no longer required. 

 

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

 

3.         To protect the surrounding environment, including occupiers of nearby premises, from nuisance from cooking odours.

 

 

 

104.

Decisions taken under the Scheme of Delegation pdf icon PDF 567 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 04/02/19 to 03/03/19.

105.

Appeal and other decisions pdf icon PDF 50 KB

Appeal against refusal to remove conditions 3 and 14 of planning permission APP/2017/0123 for conversion of barn to dwelling at Clow Barn, Manchester Road, Dunnockshaw, Burnley.

Minutes:

Members received for information the outcome of an appeal in relation to:

 

APP/2018/0177    Appeal against refusal to remove conditions 3 and 14 of planning permission APP/2017/0123 for conversion of barn to dwelling at Clow Barn, Manchester Road, Dunnockshaw, Burnley

 

The appeal was dealt with by way of written representations and was ALLOWED on the 19th February 2019.

 

Estimate of Officer time: Janet Filbin

 

Officer Recommendation – Refused under the Council’s Scheme of Delegation.

 

Background

The appeal concerned Condition 3 which required the replacement of uPVC windows and doors (which had been installed prior to the planning permission being granted for a change of use) with windows and doors of timber construction within six months of the approval (approval dated 11 July 2018) and Condition14 that prohibited external lighting other than low level lighting. 

 

Relevant Policy

 

Burnley’s Local Plan (July 2018)

SP5 – Development quality and sustainability

EMP6 – Conversion of rural buildings

 

Inspector’s Considerations

The Inspector identified the main issue as whether the disputed conditions are reasonable and necessary to preserve the character and appearance of the area.

 

The Inspector considered that the permitted scheme incorporates new openings and expanses of glazing which, regardless of the material, give the building a more domestic character.  He considered that the window details and use of decorative horns are identifiable only at close range and are not readily discernible from distance. He stated that given the changes established by the planning permission that the use of uPVC would now have only a limited effect on the building’s character and that the principal views of the building are from the road (Manchester Road) from where the building is seen in the context of the very close neighbouring properties which also have uPVC windows.  At this distance, he judged that the window details are difficult to detect.  He concluded that the visual effect of the uPVC windows  and doors on this building would be very limited  and would not harm the character or appearance of the area. 

 

In respect of Condition 14 (external lighting), he stated that whilst the absence of light at night is a particular characteristic of rural areas, he considered the site to be reasonably near to built-up areas of Manchester Road which has street lighting.  He also considered that the site’s low level position between the road and the hillside beyond the site would mean that the light from security lights [up to first floor level on the barn] would not come from a high level or conspicuous position.  He also remarked that there would be light from first floor windows of the barn conversion and from the existing cottages. He stated that it is not uncommon for security lights to be installed on rural properties. He concluded that the high level security lights on the barn conversion do not harm the character or appearance of the area

 

Inspector’s Conclusion

 

That the windows and doors as installed and external lighting, do not harm the character or appearance of  ...  view the full minutes text for item 105.

105a

Part III Report - Rowley Farm, Rowley Lane, Burnley pdf icon PDF 57 KB

Request to vary Committee resolution in respect of APP/2017/0454 and APP/2017/0455 for development at Rowley Farm, Rowley Lane

 

Minutes:

Request to vary Committee resolution in respect of APP/2017/0454 and APP/2017/0455 for development at Rowley Farm, Rowley Lane

 

 

1.     Background

Application APP/2017/0454 to convert barn to two dwellings and shippon to one dwelling and APP/2017/0455 for Listed Building Consent to carry out internal and external alterations for conversion of barn to two dwellings and shippon to one dwelling at Rowley Farm, Rowley Lane, were considered by the Development Control Committee on the 25th January 2018 and then subsequently on the 26th April 2018 where the resolution to grant planning permission and listed building consent subject to a Section 106 Agreement or Unilateral Undertaking were modified to the following:-

 

“That authority be delegated to the Head of Housing and Development Control to approve applications APP/2017/0454 and APP/2017/0455 subject to a Section 25 Dedication Agreement under the Highways Act 1980 to give consent to dedicate the part of FP2 Worsthorne with Hurstwood at Rowley Farm to a Public Bridleway and to the agenda conditions and further/modified conditions as set out below:”

 

The purpose of the Dedication Agreement which Lancashire County Council offered to prepare is to attain the consent from the applicant and owner(s) at land at Rowley Farm to re-dedicate the part of FP2 that crosses Rowley Farm from a Public Footpath to a Public Bridleway.  This has now been completed and signed by the applicant and owner of Rowley Farm.

 

2.     Purpose of report

To seek a variation to the above stated resolution of the Committee to take account of the fact that the signed document referred to above does not constitute an ‘Agreement’ as it has not yet been signed by Lancashire County Council.

 

3.     Main issues

 The purpose of making the agreement is to secure the consent of the applicant and landowner to the re-dedication of the footpath.  Lancashire County Council has indicated that it will hold the Agreement on file until such time as the bridleway links either end have been agreed with other relevant landowners. At that time, the authorised signatory from the County Council will complete the agreement and only after that date will the improvement works will be carried out as described in the Agreement.  The applicant has therefore carried out their obligations under the terms of the resolution of the Committee on the 21st April 2018.  This secures their agreement indefinitely and therefore satisfies the objectives of requiring the Agreement to be made.  In view of this, planning permission and listed building consent can be approved without a requirement for a Section 25 Dedication Agreement.

 

 

Decision

That the recommendation set out in Paragraph 1 above be varied to the following:-

 

 “That planning permission and listed building consent be approved subject to conditions.”