Agenda item

Full Planning Application

Proposed Change of Use from Public House to Children’s Nursery

22 TUNNEL STREET    BURNLEY

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

Conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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: Proposed Ground Floor Layout (1:100 scale) dated 17.04.19; and Proposed First Floor Layout (1:100 scale) dated 12.06.19.

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

3. The number of children attending the day nursery use hereby permitted shall not exceed 42 at the premises at any one time.

Reason: To safeguard the amenities of nearby residents and in the interests of highway safety in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

4. The day nursery use hereby permitted shall not be operational except between 07.30 hours and 18.00 hours on Mondays to Fridays inclusive, and it shall not be operational on Saturdays, Sundays, Bank Holidays or Public Holidays.    

Reason: To safeguard the amenities of nearby residents in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

5. The outdoor play area in connection with the day nursery use hereby permitted shall only be used between 09.00 hours and 17.00 hours on Mondays to Fridays inclusive, and shall not take place on Saturdays, Sundays, Bank Holidays or Public Holidays.

Reason: To safeguard the amenities of nearby residents in accordance with Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).

6. Prior to the commencement of the day nursery use hereby permitted, an acoustic boundary enclosure shall be erected to the outdoor play area in accordance with details which shall have previously been submitted to and approved in writing, or granted planning permission as necessary, by the Local Planning Authority.  The approved fencing shall be retained thereafter for the lifetime of the permitted use.

Reason: To safeguard the amenities of nearby residents in accordance with Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).

7. Prior to the commencement of the day nursery use hereby permitted, a scheme for the storage of refuse and recyclables shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full, as approved, prior to first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained in perpetuity.

Reason:  To ensure adequate provision the storage of refuse and recycling in the interests of the visual amenities of the area, in accordance with the Policies SP5 and HS4 of Burnley's Local Plan (July 2018).

8. Prior to the commencement of the day nursery use hereby permitted, secure cycle parking facilities for staff and visitors to the development shall be provided at the site in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority.  The approved bicycle parking facilities shall be retained thereafter for the lifetime of the permitted use.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with Policies IC1 and IC3 of Burnley's Local Plan (July 2018).

9. Within 3 months of occupation of the day nursery use hereby permitted a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented as approved. The travel plan should examine the various modes of transport used to access the site and set out detailed measures and commitments tailored to the needs of the development in order to promote and encourage the use of alternative modes of transport to the car for trips generated to and from the nursery.

Reason: To promote and encourage sustainable methods of transport as an alternative means of travel to the private car in accordance with Policies SP5, IC1 and IC3 of Burnley's Local Plan (July 2018).

10. 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 Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).