Agenda item

Prior to consideration of the application as detailed below, David Talbot outlined to Members grounds for resubmission of the application to the Committee.

David reminded of the Public access to meetings act 1960 which had been modified by statutory instrument due to the coronavirus pandemic to permit public meeting to take place via remote access.  David further advised that the application had recently been considered  and approved at the meeting of the Development Control Committee on 3^rd September 2020 but due to the failure of You Tube stream of the meeting, the requirements of public attendance as modified in the act had not been met and the decision was therefore not valid and was resubmitted again to the Committee for determination.

In accordance with Council Procedure Rules 16.4 a recorded vote was requested and taken.

Proposed 19,741sq m extension to existing B8 distribution unit 18m high to underside of eaves including ancillary hub office, loading canopy and associated service yard, landscaping and civil works – Technology House, Magnesium Way, Hapton, 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 25/5/18 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 

4.No goods/materials shall be stored on the site other than in the building shown on the approved plans. 

Reason: To ensure a satisfactory appearance of the site in the interests of local visual amenity and to comply with policy SP5 of Burnley’s Local Plan 2018. 

Highways 

5.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. 

6. 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 

7.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 prior to occupation of the extension. 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. 

Drainage 

8.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. 

9.Appropriate surface water drainage scheme to be submitted. No development shall commence until details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority.  Those details shall include, as a minimum: a) Temporary storage facilities – confirmation of attenuation volume details. b) Flood water exceedance routes, both on and off site.   

The scheme shall be implemented in accordance with the approved details prior to the completion of the development. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.  

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 

10.The use hereby approved shall not begin until an assessment has been submitted for written approval to the Local Planning Authority which details the potential for noise emanating as a result of the use of the development, and any mitigation measures required to protect the amenity of occupiers of nearby noise sensitive properties.  Proposed hours of operation shall be included within the assessment.  Any approved noise mitigation measures shall be implemented prior to the start of the proposed use and retained thereafter. 

Reason: To protect the amenities of the occupiers of nearby properties in accordance with policy NE5 of Burnley’s adopted Local Plan 2018 

Landscaping 

11.All hard and soft landscape works, as indicated on plan 17007 P - 02 , shall be carried out in accordance with the approved details.  The planting as shown on plan 17007 P – 02 shall be carried out no later than during the first planting season following the date when the development hereby permitted is ready for occupation. All planted materials shall be maintained for five years and any trees or plants removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced with others of similar size and species to those originally required to be planted.   

Reason: To ensure that the appearance of the development in satisfactory in accordance with policy SP5 of Burnley’s adopted Local Plan.

Lancashire County Council Highways (As per the update report/supplementary report)

Wheel washing/mechanical road sweeping

12. 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, stones and debris being carried onto the highway.  Provision to sweep the surrounding highway network by mechanical means will be available and the roads adjacent to the site shall be mechanically swept as required during the full construction period.

Reason: To prevent stones, mud and debris being carried onto the public highway to the detriment of road safety.

Travel Plan

13. In line with the provisions of the Master Plan (2020) for the wider Burnley Bridge site, an Individual Company Travel Plan shall be prepared by the Travel Plan Representative within the company, in co-operation with the site Wide Travel Plan Co-ordinator, to identify methods to reduce single occupancy trips by the private car to and from the site and, to encourage and increase the use of other modes of transport, including low emissions vehicles, walking, cycling and public transport.  The Individual Company Travel Plan shall be submitted to and approved in writing by the Local Planning Authority within 6 months of occupation or use commenced.  The approved Individual Company Travel Plans shall then be implemented, monitored and reviewed in accordance with the agreed Travel Plan through the Site Wide Transportation Steering Group and to the satisfaction of the Local Planning Authority.

Reason: To support sustainable transport objectives including a reduction in single occupancy car journeys and the increased use of public transport, walking and cycling and to ensure the appropriate management and monitoring of the Travel Plan and traffic monitoring process in accordance with policies IC1 and IC2 of Burnley`s adopted Local Plan.