Outline up to 20 no. dwellings with access from Rossendale Avenue (all other matters reserved for future approval)

Land Associated With The Former Bull And Butcher Pub Manchester Road Burnley Habergham Eaves

 

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, education and affordable housing subject to further details at reserved matters applications:

 

 Conditions:-

 

 1         a) Details of the reserved matters set out below (the reserved matters) shall be submitted to the Local Planning Authority for approval within three years from the day of this permission:

            i) layout

            ii) scale

            iii) appearance

            iiii) landscaping

 

            b) The development hereby permitted shall begin not later than the expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

 

            Reason: To enable the Local Planning Authority to control the development in detail ad to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.

 

2.         The outline permission (access) hereby approved shall relate to the development as shown on drawings:

 

            Proposed Site Plan: 3309/010

 

Indicative Landscape Proposal C-1711-01

           

Reason: To ensure the development accords with the agreed general principles in relation to overall layout and arrangement.

 

 

3.         No development shall take place, including any works of demolition, 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.  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) Routing of delivery vehicles to/from site 

 

            Reason: In the interests of highway safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan (July 2018).

 

4.         A programme of works shall be submitted to the Local Planning Authority detailing the following:

 

a) The specific processes/activities which will be carried on during the construction phase(s)

b) The proposed timescales for the processes/activities in a)

c) The proposed noise mitigation measures for the processes/activities in a)

 

Reason: To identify and reduce the potential for nuisance to the occupiers of nearby buildings and dwellings in accordance with policy SP5 of Burnley’s adopted Local Plan

 

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 or kept free of debris resultant from the construction works associated with the proposal as required during the full construction period.

 

Reason: To ensure that satisfactory access is provided to the site before the      development hereby permitted becomes operative, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

6.         Applications for the approval of reserved matters shall include the finished floor levels of the dwellings in relation to the existing and proposed site levels, the adjacent highway, together with details of levels of all accesses to include pathways and driveways shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details

 

Reason: In order to achieve a satisfactory form of development with regard to the topography of the site having regard to policies NE3 of the adopted Burnley’s Local Plan.

           

7.         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 17:00 hours on Mondays to Fridays and between 08:00 hours and 13:00 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 SP5 of Burnley’s adopted Local Plan (July 2018).

 

8.         Foul and surface water shall be drained on separate systems. 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 in accordance with policy CC5 of Burnley’s adopted Local Plan.

 

9.         The reserved matters planning application shall provide details of a surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented and completed prior to any part of the development being first brought into use. The approved drainage scheme shall thereafter be retained in perpetuity.

 

Reason: To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy CC4 of Burnley's Local Plan (July 2018).   The scheme is required prior to the commencement of development to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.

 

10.       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.  Thereafter the site access and off site highway works shall be completed prior to the occupation of the first dwelling on the site.

 

Reason:  In order to satisfy the Local Planning Authority that the final details of the highway scheme/works are acceptable before work commences on site.

 

11.       Details of a scheme of electric vehicle charging to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details prior to first occupation.

 

            Reason: In accordance with policy IC3 of Burnley’s adopted Local Plan.

 

12.      The reserved matters planning application shall ensure full compliance with Council’s adopted car parking standards  as set out in Appendix 9 of Burnley’s adopted Local Plan (or any other standards that replace it).

 

            Reason: In order to ensure that there is adequate car parking on the site in the interests of highway safety and in order to comply with the Council’s adopted car parking standards in accordance with policy IC3 of Burnley’s adopted Local Plan.

 

 

13.      The reserved matters application shall detail a plan for refuse and recycling storage facilities for each dwelling. No dwelling shall be first occupied until the plan has been submitted to and approved in writing by the Local Planning Authority.  The approved refuse and recycling storage facilities shall thereafter be retained at all times.

 

            To ensure adequate refuse and recycling storage for the approved dwellings in order to cater for the needs of the development and to protect the visual

amenities of the area, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

14.       The new access road serving the site shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development takes place within the site.

 

Reason: To ensure that satisfactory access is provided to the site before the      development hereby permitted becomes operative, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

 

15.       Applications for the approval of reserved matters shall be accompanied by elevational and locational details including the height and appearance of all boundary treatments, fencing, walling, retaining wall structures and gates to be erected within the development.

 

Reason: To ensure a satisfactory edge to the development and a satisfactory appearance within the street scene, in accordance with Policies HS4 and SP5 of Burnley's Local Plan (July 2018).

 

 

16.      The reserved matters application shall detail:

 

a. A strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority;

 

b. An investigation has been carried out in accordance with the approved strategy;

 

c. A written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority.

 

Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local planning authority subsequent to its discovery.  Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

 

Reason: To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecology systems, to ensure that the development can be carried out safely without unaccpetable risks to workers, neighbours and other off-site receptors, in accordance with policy NE5 of Burnley’s adoped Local Plan.

 

 

17.       The development shall not begin until an intrusive investigation has been carried out in accordance with the considerations of report BEK-19549-1, (dated May 2019). A written report detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, shall be submitted to and approved in writing by the local planning authority.

 

Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local planning authority subsequent to its discovery.  Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use, including validation to be provided which indicates the site is suitable for its intended use

 

Reason: To ensure that contamination pathway receptor links are all broken and/or removed in accordance with policy NE5 of Burnley’s adopted Local Plan.

 

18.       There shall be no burning of construction-derived waste or other materials within the curtilage of the premises.

 

Reason: In the interest of residential amenity and to prevent air pollution in accordance with policies NE5 and SP5 of Burnley’s adopted Local Plan

 

19.       Prior to development commencing on site a scheme for noise mitigation and dust suppression shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken wholly in accordance with the approved scheme.

 

Reason: In order to mitigate any adverse impact on the environment and protect residential amenity in accordance with policy SP5 of Burnley’s adopted Local Plan.

 

20.       As part of reserved matters, a landscape plan shall be submitted to and approved in writing by the LPA, prior to commencement of development.  The content of the plan should include the following elements; areas of hard and soft landscaping, areas of planting including types of species.  The approved plan will be implemented in accordance with the approved details.

 

Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality and to comply with policies

 

21.       No works to trees or shrubs shall occur between the 1st March and 31st August in any year unless a detailed bird nest survey by a suitably experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present which has been agreed in writing by the LPA.

 

Reason:To ensure the satisfactory implementation of the approved landscaping scheme, to ensure a satisfactory appearance to the development and the effective mitigation against the loss of habitat for birds and wildlife, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018). 

 

 

22.       All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.

 

Reason: In the interests of the visual amenities and the ecology of the site, to ensure adequate mitigation for the loss of semi-natural habitat, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018)