Agenda item

Town and Country Planning Act 1990 - Erection of food store (Class A1) with associated car park and new vehicular access following demolition of existing buildings - Land Off Wyre Street, Padiham, BB12 8DQ. 

 

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

 

1.The development must be begun within three years of the date of this decision.

 

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 listed on this notice below.

 

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

 

3. (Revised condition as per the update report): The approved development shall be constructed in accordance with the external materials of construction to be used on the walls and roof of the development,  including colour and finish details, as indicated on drawing number AD 113_REVG and shall not be varied unless otherwise previously agreed in writing by the Local Planning Authority.

 

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.(Revised condition as per the Update report): The car parks, access and areas of hardstanding shall be surfaced in accordance with the details indicated on the Site Finishes Plan, drawing number AD115_REVA, unless any variation is otherwise previously agreed in writing by the Local Planning Authority.

 

Reason: To ensure a high-quality appearance to the development, in accordance and access/parking facilities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

5.(Revised condition as per the Update report): Notwithstandiing the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any provision within the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any statutory instrument revoking or re-enacting those Orders, the approved development shall be used as a Class A1 retail food store only with no more than 251sqm of net floorspace for non-food sales and shall not be used for any other purposes. 

 

Reason: To ensure the satisfactory implementation of the proposal where the proposal has been assessed in accordance with the details of the proposed use as submitted.  Other proportions of food/non-food retail sales other uses within  Class E of the Town and County Planning (Use Classes) Order (as amended) would also require a new assessment in respect of impacts on the Town Centre and on highway and parking considerations.

 

6.No development shall be commenced until a scheme for the means of protecting the trees to the north side of the application site, in accordance with BS 5837 (2012), including the protection of root structures from injury or damage prior to and during the development works, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also provide for no excavation, site works, trenches or channels to be cut or laid or soil waste or other materials deposited so as to cause damage or injury to the root structure of the retained trees or hedges. The approved scheme of protection measures shall be implemented in its entirety before any works are carried out, including any site clearance work, and thereafter retained during building operations until the completion of the development.

 

Reason: To ensure adequate protection for the long-term health of trees which should be retained in the interests of the visual amenities and biodiversity of the local area, in accordance with Policy NE4 of Burnley's Local Plan (July 2018). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.

 

7.(Modified condition as per the update report): All planting, seeding or turfing comprised in the approved details of landscaping set out on the approved Landscape Layout (drawing number R/2356/1) shall be carried out in the first planting and seeding seasons following the approved food store being first open for use; and, any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.

 

Reason: In the interests of the visual amenities of the site and its surroundings, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

 

8.Prior to the approved development being first brought into use, bat boxes shall be installed in accordance with details and locations to be first submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure suitable measures to provide for bats in the vicinity of the development, in accordance with Policy NE1 of Burnley’s Local Plan (July 2018).

 

9.(Modified condition as per the Update report): Prior to commencement of above ground works, a scheme for the construction of the site access and associated off-site works of highway improvement shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory means of access to and from the site to serve the needs of the development, in the interests of highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).  The details are required prior to the commencement of above ground works to ensure that the details are satisfactory and can be implemented at the appropriate time and stages of the development in the interests of highway safety.

 

10.(Modified condition as per the Update report): The approved food store shall not be first occupied until the approved scheme referred to in condition 9 above has been constructed and completed in accordance with the scheme details.

 

Reason: To ensure a safe means of access to and from the site, in the interests of highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

11.(Modified condition as per the Update report): The approved development shall not be first open for business until the car park areas have been constructed, drained, marked out and signed (as appropriate), including two electric car charging points and cycle parking and are available or use in accordance with the approved plans.  The car parking layout, cycle parking and electric car charging points shall thereafter be retained for the purposes of customer and staff car parking at all times.

 

Reason: To ensure adequate parking to cater for the needs of the development, in the interests of highway safety and amenity, in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

 

12.(Modified condition as per the Update report):Prior to any built development, details of improvements to the surfacing of pedestrian links to and from the application site at Wyre Street and between Clitheroe Street and the Town Centre shall be submitted to and approved in writing by the Local Planning Authority.  The approved pedestrian links shall thereafter be constructed in accordance with the approved details and be completed and available for use prior to the approved development being first open for business. 

 

Reason: To ensure good quality pedestrian routes to and from the proposed development, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

13.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 avoid the deposit of mud or debris on the public highway, in order to protect highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

14.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:   

 

i)  The parking of vehicles of site operatives and visitors;   

 

ii)  Loading and unloading of plant and materials;  

 

iii) Storage of plant and materials used in constructing the development;  

 

iv) The erection and maintenance of security hoarding; 

 

v)  Measures to control the emission of dust and dirt during construction;   

 

vi) Wheel washing facilities; 

 

vii) Details of working hour;  

 

viii) Contact details for the site manager; and,           

 

ix) 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.

 

15. Within six months of the first use of the approved development, a Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved Full Travel Plan shall thereafter be implemented in accordance with the timescales within the approved Travel Plan and shall be audited and updated at intervals of not greater than 18 months for a period of up to five years.  The measures contained with the Travel Plan shall be adhered to at all times.

 

Reason: To promote and provide access to sustainable travel options, in accordance with Policy IC2 of Burnley’s Local Plan (July 2018).

 

16. 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 1800 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 residential amenities of the local area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).

 

17.(Modified condition as per the Update report) 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 to the approved food store being first 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.

 

18.No dwelling shall be first occupied until details of a sustainable drainage management and maintenance plan for the lifetime of the development has been submitted to and approved in writing by the Local Planning Authority.  The development shall be completed, retained, maintained and managed at all times in accordance with the approved plan.

 

Reason: To ensure adequate and appropriate funding, responsibility and maintenance mechanisms are in place for the lifetime of the development, in order to ensure the appropriate 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).

 

19.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).

 

20.Prior to the demolition of Unit 1, details of the materials, appearance, finish and guttering/downpipes of the adjoining retained unit shall be submitted to and approved in writing by the Local Planning Authority.  The retained unit shall thereafter made good in accordance with the approved details.

 

Reason: To ensure an appropriate appearance and condition for the retained unit, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

 

 

Additional conditions as per the Update report::

 

21.The proposed boundary treatments as indicated on drawing number AD 114_RevC shall be carried out and completed with the exception of the western boundary on Clitheroe Street where details of how the existing  perimeter wall can be altered or modified  to form a new means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the demolition of the mill building.  The boundary treatments shall thereafter be carried out and completed in their entirety prior to the approved development being first open for business.

 

Reason: To ensure a satisfactory appearance to the development from within the site and its environs, including views on the approach to the site from Padiham Town Centre and from the Padiham  Conservation Area,  in accordance with Policies SP5 and HE2 of Burnley’s Local Plan (July 2018).

 

22.Prior to the commencement of development, the following shall be submitted to and approved in writing by the Local Planning Authority:-

 

a)           A site investigation entailing intrusive site investigations and associated risk assessment, in accordance with the recommendations of the Phase I Desk Study Assessment Report, reference GP/C4369/8959 (prepared by Brownfield Solutions Ltd, dated December 2019); and

 

              b)       Where applicable, following the recommendations of a) above, a Method  
    Statement and Remediation Scheme, based on the Information obtained  
    from a) above.

 

              The development shall thereafter only be carried out and completed in strict accordance with the approved Method Statement and Remediation Scheme and a Verification Report to demonstrate compliance and any future monitoring requirements shall be submitted to and approved in writing by the Local Planning Authority prior to the approved development being first brought into use. 

 

Reason:To ensure public safety and to prevent pollution of groundwaters and watercourses from potential contaminants, in accordance with Policy NE5 of the Burnley's Local Plan (July 2018). The site investigation and remediation scheme are required prior to the commencement of development to ensure that measures that are necessary to make the development acceptable can be carried out at an appropriate stage in the development.

 

23.The development shall not be carried out otherwise than in accordance with the measures for water and energy efficiency and renewable energy provision contained within the Energy Statement  (prepared by DDA, document reference 20/3471, dated 29.4.2) and shall be completed in their entirety prior to the approved development being first brought into use.

 

Reason: To ensure the development delivers the expected water and energy efficiencies and renewable energy measures and targets to ensure a high standard of sustainability in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

24.The recommendations for noise mitigation of the development within the Noise Impact Assessment submitted with the application (prepared by Miller Goodall, Report Number 102233, dated 27^th April 2020) shall be carried out and completed prior to the approved development being first brought into use.  The noise mitigation measures shall thereafter be retained and suitably maintained at all times in perpetuity.

 

Reason:  To safeguard the amenities of residential properties in the surrounding area, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

25.No demolition or site clearance shall commence until the developer has secured the implementation of a programme of archaeological works , in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Local Planning Authority.  A copy of the final archaeological record shall be lodged with the local planning authority/appropriate historic archive within two months of its completion.

 

Reason:To ensure that adequate records are made, as the site is of archaeological importance, in accordance with Policy HE4 of the Burnley`s Local Plan (July 2018).

 

26.The glazing infill panels to be used on the southern elevation of the approved building shall not be installed until details of their colour and appearance have been first submitted to and approved in writing by the Local Planning Authority. The glazing panels shall only be installed in accordance with the approved details and shall thereafter be retained at all times and any replacement glazing shall be an equivalent colour to that first approved.

 

Reason: To ensure an appropriate and suitable appearance that permits open views into the store, in the interests of visual amenity, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

27.The development shall be constructed and completed in accordance with the submitted details of external lighting as indicated on drawing number 01 and accompanying lighting report (prepared by Signify, dated 17.7.2020), received on 20thAugust 2020, and shall not be varied at any time thereafter unless previously agreed in writing by the Local Planning Authority.

 

Reason: To ensure the provision of satisfactory but not excessive levels of external lighting, in the interests of visual amenity, in accordance with Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).