Town and Country Planning Act 1990

Erection of mixed use development comprising cinema, 7no.food and beverage units (Class A3), 2no. retail/leisure units (Class A1 or A3) with associated service yard with access from Curzon Street serving units 1-6, customer car park and service access from Royle Road serving units 8-10 together with associated public realm and landscaping

Land At Curzon Street And Pioneer Place Car Park Curzon Street Burnley

Decision: That authority be delegated to the Head of Housing and Development Control to approve subject to the applicant providing an acceptable Coal Mining Risk assessment and the following conditions.

Conditions and the Reasons for conditions:

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

Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004

2.         The development hereby permitted shall be carried out in accordance with submitted technical reports, supporting information and 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.         Prior to the construction of the building above slab level hereby approved, samples of all external materials, and their colour, to be used in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

Reason: To ensure a satisfactory appearance to the development, having regard to the character of the local area, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

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: 

a) the parking of vehicles of site operatives and visitors

b) loading and unloading of plant and materials

c) storage of plant and materials used in constructing the development

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

e) wheel washing facilities

f) measures to control the emission of dust and dirt during construction

g) a scheme for recycling/disposing of waste resulting from demolition and construction works

h) measures to protect the amenity of surrounding occupiers during piling operations

i) routing of delivery vehicles to/from the site.

Reason: To ensure that the safety and amenities of occupiers of neighbouring properties and users of the local highway are satisfactorily protected, in accordance with Policies NE5 and IC1 of Burnley's Local Plan (July 2018).  The Construction Management Plan is required prior to the commencement of development to ensure that the measures contained therein can be carried out at the appropriate phases of the construction period.

5.         Construction of the development hereby permitted shall not take place outside the hours of 07:00 and 19:00 Monday to Saturday and not at all on Sundays or Bank Holidays.

Reason: To safeguard the amenities of the local area, in accordance with Policy NE5 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 buildings being 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, CC5 and NE5 of Burnley’s Local Plan (July 2018).

8.         No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a phased programme of archaeological investigation, recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority.

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the site, as well as the proper reporting of that work and archiving of the project.

9.         In the event that any previously unidentified or unexpected contamination is found at any time during the development process, development shall cease and this shall be reported in writing immediately to the Local Planning Authority. A full risk assessment, including investigations as necessary, shall be carried out and submitted with a Remediation Scheme and be approved in writing by the Local Planning Authority before development re-commences.  The development shall thereafter be carried out in accordance with an approved Remediation Scheme and once completed, a Validation Report shall be submitted to the Local Planning Authority and approved in writing prior to the occupation of any buildings.

Reason: To ensure that any unexpected contaminants are adequately dealt with, in the interests of public health, in accordance with Policy NE5 of Burnley’s Local Plan (July 2018).

10.       No development shall take place until a scheme for appropriate surface water monitoring has been established to ensure water quality in the River Brun is not exposed to contamination from the application site during development. In the event that any contamination is found at any time during the development process, development shall cease and this shall be reported in writing immediately to the Local Planning Authority. A full risk assessment, including investigations as necessary, shall be carried out and submitted with a Remediation Scheme and be approved in writing by the Local Planning Authority before development re-commences.  The development shall thereafter be carried out in accordance with an approved Remediation Scheme and once completed, a Validation Report shall be submitted to the Local Planning Authority and approved in writing prior to the occupation of any dwellings.

Reason: To ensure that any unexpected contaminants are adequately dealt with, in the interests of public health, in accordance with Policy NE5 of Burnley’s Local Plan (July 2018).