Agenda item

Proposed conversion of works (former church) to 18no.assisted living (Class C2) apartments

Wrights Upholstery, Claremont Street, Burnley

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

Conditions and Reasons for the conditions:

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

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:  Drawing No RBA-143-(2)-A100 (Proposed Location Plan Scale 1:500) dated 7.11.19; Drawing No RBA-143-(2)-A201 (Proposed Sectional Study Sheet 01 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A202 (Proposed Sectional Study Sheet 02 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A101 (Proposed Site Plan Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A102 (Proposed Plans Sheet 01 Scale 1:100) dated 7.11.19; Drawing No RBA-143-(2)-A103 (Proposed Plans Sheet 02 Scale 1:100) dated 7.11.19; and Drawing No RBA-143-(2)-A200 (Proposed Elevations Scale 1:100) dated 7.11.19.

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

3.         Prior to the commencement of any development, full and precise details of the proposed windows, doors, rooflights, dormers, facing materials, roof materials and rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in strict accordance with the agreed details and maintained as such thereafter

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

4.         Prior to the commencement of any development, 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. 

Reason: To ensure a satisfactory appearance to the development, in accordance with Policies SP5 and HS4 of Burnley’s Local Plan (July 2018). The details of materials are required prior to the commencement of development to ensure that only approved materials are used throughout the development process.

5.         Prior to first occupation of the development hereby permitted a plan detailing the positions, height, design, materials and type of all existing and proposed boundary treatments shall have been submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall be provided in accordance with the approved details prior to first occupation of the development and shall thereafter be retained at all times. 

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

6.         The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. The recycling storage facilities shall be secured from public access at all times. These facilities shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling and to comply with Policy SP5 of Burnley’s Local Plan (July 2018).

7.         The vehicle parking area shown on the approved plans shall not be used otherwise than for the parking of private motor vehicles belonging to the occupants of and visitors to the development hereby approved.

Reason:  To ensure that adequate parking provision is retained and to comply with policy IC3 of Burnley’s Local Plan (July 2018).

8.         Prior to first occupation of the development hereby permitted, cabling and dedicated socket should be installed to all parking spaces that adjoin a wall where practical to allow for future installation of ULEV charging points at the owner’s discretion.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generation in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

9.         Prior to first occupation of the development hereby permitted, details of secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

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 policy IC1 and IC3 of Burnley’s Local Plan (July 2018)

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows or dormer windows other than those expressly authorised by this permission shall be constructed in the north western elevation of building hereby approved without planning permission obtained from the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of nearby properties and to comply with Policies SP4, SP5 and HS3 of Burnley’s Local             Plan (July 2018)

11.       If the development hereby permitted has not begun by 01 September 2020, a further daytime assessment will be required to confirm bats are not using the site as a roost

Reason: In order to satisfy current wildlife guidance and legislation including the NPPF and Policy NE1 of Burnley’s Local Plan (July 2018).

12.       Prior to first occupation of the development hereby permitted details showing the type, number, location and timescale for implementation of a compensatory bat brick and house sparrow terrace shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall then be carried out in strict accordance with the approved details. 

Reason: To safeguard these protected species from the impact of the development and ensure appropriate integration of new nature conservation and enhancement features in accordance with Policy NE1 of Burnley’s Local Plan (July 2018).

13.       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).

14.       If during construction, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing by the Local Planning Authority), shall be carried out until a method statement identifying, assessing the risk and proposing remediation measures, together with a programme, shall be submitted to and approved in writing by the Local Planning Authority. The remediation measures shall be carried out as approved and in accordance with the approved programme. 

Reason: To safeguard the health of future residents or occupiers of the site and to comply with Policy NE5 of Burnley’s Local Plan (July 2018).

15.      Submission of general arrangement drawings and a scheme for the phasing of the S278 works to be submitted prior to commencement. These proposals should include the provision of two new dropped kerb crossing point on Claremont and Tabor Streets, the identification of highway boundaries and any land to be offered up for adoption and identification of any existing structures that may require adoption.

            Reason: In the interests of public safety and to ensure that all road works associated with the proposed development are: planned; approved in good time (including any statutory processes); undertaken to a standard approved by the Local Planning Authority and are completed before the development in brought into use.