Agenda item

Town and Country Planning Act 1990

Demolition of existing nursery building to make way for a purpose  built warehouse building housing 7 individual units for B1/B2/B8 with associated on-site parking provision for 17 cars

Elm Street Nursery School New Hall Street Burnley Lancashire

 

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

 

1.        The development to which this permission relates must be begun not later than the expiration of three years from the date of this permission.

           

            Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

 

 2         The development shall be carried out in accordance with the 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.         All materials to be used in the approved scheme shall be as stated on the application form and amended drawings received 7/6/20 and shall not be varied without the prior written approval of the Local Planning authority

 

            Reason: To ensure that the development will be of a satisfactory appearance and to comply with policies SP5 and HS5 of Burnley's Local Plan 2018

 

 

            Coal Mining

 

4.         No development shall commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features.  The findings of the intrusive site investigations shall be submitted to the Local Planning Authority for consideration and approval in writing.   The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.

 

            Reason: The undertaking of intrusive site investigation is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the NPPF.

 

 

5.         Where the findings of the intrusive site investigations (required by condition 4 above) identify that coal mining legacy on the site poses a risk to surface stability, no development shall commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted to the Local Planning Authority for consideration and approval in writing.  Following approval, the remedial works shall be implemented on site in complete accordance with the approved details.

 

            Reason: The undertaking of intrusive site investigation is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the NPPF.

 

 

6.         Following implementation and completion of the approved remediation scheme (required by condition 5 above) and prior to the first occupation of the development, a verification report shall be submitted to and approved in writing by the Local Planning Authority to confirm completion of the remediation scheme in accordance with approved details.

 

            Reason: The undertaking of intrusive site investigation is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the NPPF.

 

            Highways

 

7.         The development shall not be occupied until the car parking areas to serve the development have been laid out and hard surfaced in accordance with approved drawings and made available for use and retained as such thereafter.

 

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

 

8.         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.

 

            Reason: To prevent stones and mud being carried onto the public highway to the detriment of road safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan

 

9.         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  in consultation  with  the  Highway  Authority  as  part  of  a  section  278  agreement, under the Highways Act 1980.

 

             Reasons: In order to satisfy the Local Planning Authority   and   Highway   Authority   that   the   final   details   of   the   highway scheme/works are acceptable before work commences on site and to enable all construction  traffic  to  enter  and  leave  the  premises  in  a  safe  manner  without causing a hazard to other road users, in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan

 

 

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 0800 hours and 1700 hours on Mondays to Fridays and between 0800 hours and 1300 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.

 

11.       Prior to development taking place, including any works of demolition, a construction method statement shall be 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

 

            Drainage

 

12.       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 policy CC5 of Burnley’s adopted Local Plan.

 

13.       No development shall commence until a surface water drainage scheme has        been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

 

            (i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water;  (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and  (iii) A timetable for its implementation.  

 

            The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

 

            The development hereby permitted shall be carried out only in accordance with the approved drainage scheme.

 

            Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with policy CC5 of Burnley’s adopted Local Plan.

 

 

            Environmental Health

 

14.      All external plant and machinery at the development hereby permitted shall be designed so that the rating levels for cumulative noise shall not exceed the existing background noise level (LA90) when measured as an LAeq,15min in any one third octave band at the external façade of the nearest noise-sensitive premises, as assessed in accordance with British Standard 4142 (2014), or any subsequent replacement national standards. Alternative levels and monitoring locations may be used subject to the prior written approval of the Local Planning Authority.

 

            Reason: To ensure there is no adverse effect on the health and quality of life of the occupiers of noise-sensitive premises and to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with policies policy NE5 and SP5 of Burnley’s adopted Local Plan.

 

 

15.       No development shall start until a scheme and programme for the lighting of the external area has been submitted to, and approved in writing by, the Local Planning Authority. The scheme and programme shall include details of:

 

            a) Location, type and intensity of lights.

            b) Types of masking or baffle at head.

            c) Type, height and colour of lighting columns.

            d) Number and size of lighting units per column.

            e) Light spread diagrams showing lux levels at the site boundary and          calculation of the impact of these on nearby properties.

 

            The lighting shall only be provided in accordance with the approved scheme         and programme.

 

            Reason: To safeguard the amenity of local residents and adjacent properties/landowners in accordance with policy NE5 of Burnley’s adopted Local Plan.

 

16.      The refuse and recycling store as shown on plan 20 – P 02 rev shall be provided before the start of the use and thereafter permanently retained.

 

            Reason: To provide satisfactory refuse storage provision in the interests of the appearance of the site and locality and to ensure compliance with policy SP5 of Burnley’s adopted Local Plan.

 

17.       No process shall be carried on, including the sounding of horns and vehicle repairs, which creates a nuisance to nearby residents as a result of noise, vibration, smell, fumes or smoke.

 

            Reason: To safeguard the amenities of the nearby residential area, in accordance with policy NE5 of Burnley’s adopted Local Plan

 

18.       No machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times; 8am -5pm Monday to Friday and 8am – 1pm Saturdays none at any time on Sundays, Bank or Public Holidays

 

            Reason: To satisfactorily protect the residential amenities of nearby occupiers in accordance with policy NE5 of Burnley’s adopted Local Plan

 

19.       Before the development hereby approved is brought into operation, a noise           control scheme shall be submitted to and approved in writing by the Local Planning Authority and thereafter the noise control scheme shall be fully          implemented in accordance with the approved scheme at all times.

 

            Reason: In the interests of the amenity of nearby occupiers in accordance with policy NE5 of Burnley’s adopted Local Plan

 

20.       Audible alarms to any commercial vehicle associated with the development hereby approved, including forklift trucks, shall not be used at any time. 

 

            Reason: In the interests of residential amenity in accordance with policy SP5 of the adopted Local Plan.

 

            Contamination

 

21.       The development shall not begin until:

 

            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 adopted Local Plan

 

 

 

22.       No development shall take place unless a Construction Method Statement outlining the construction of foundations and landscaping works in proximity to the Leeds & Liverpool Canal have been submitted to and approved in writing by the Local Planning Authority. The details shall:

 

            · Include the design, depth and means of construction of the foundations of the proposed development together with any other proposed earth moving and excavation works required in connection with the development;

 

            Indicate the location of plant, equipment and stockpiles on site; and

·           Include details of any protective fencing, including measures to limit the runoff of silty water from the site, to be erected to safeguard the waterway infrastructure during construction;

 

·           Include details of dust suppression measures to be used during the demolition and construction phases of the development

            The development shall thereafter be carried out in strict accordance with the agreed details”

 

            Reason: In the interests of safeguarding land stability adjacent to the canal and the water quality of the canal in accordance with the aims of paragraphs 178, 180 and 170 (part e) of the National Planning Policy Framework.