Agenda item

Town and Country Planning Act 1990 - Outline planning permission for the development of a new industrial estate comprising of new Use Class B1 and B2 units including approval of access and layout of the site (all other matters reserved) – Land off Rossendale Road – EMP1/1 – Rossendale Road, Burnley.

 

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

 

1. Application for approval of the reserved matters shall be made to the council before the expiration of 3 years from the date of this permission. The development hereby permitted shall begin not later than the expiration of 2 years from the date of approval of the last of the reserved matters to be approved. 

 

Reason:  As required by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. The outline permission (access and layout) hereby approved shall relate to the development as shown on drawings: Proposed Site Plan (Drawing No 003N) received on the 26 May 2020; and Proposed Development with Retained and Newly Created Habitats (Drawing No BOW17/1085) received on the 21 September 2020.

 

Reason: To ensure the development accords with the agreed general principles in relation to overall layout and arrangement.

 

3. The layout of the development hereby approved shall include provisions to enable vehicles to enter and leave the highway in forward gear. Vehicular turning space shall be laid out and be available for use prior to first occupation of any part of the development hereby approved and shall thereafter be retained in perpetuity.

 

Reason: To prevent vehicles reversing to and from the highway creating a hazard to other road users in the interests of highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

4. No part of the development hereby approved shall commence until a scheme for the construction of the site access and the off-site highway works has been submitted to, and approved in writing by the Local Planning Authority in consultation with the Highway Authority as part of a Section 278 Agreement, under the Highways Act 1980. Thereafter the site access and off site highway works shall be completed prior to first occupation.

 

Reason: To ensure a satisfactory means of access to and from the site to serve the needs of the development, including the construction phase, 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 development 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.

 

5. No part of the development hereby approved shall be occupied until the approved scheme referred to in Condition 4 above has been constructed and completed in accordance with the approved details, without prior agreement from the Local Planning Authority. 

 

Reason: In order that the traffic generated by the new development does not exacerbate unsatisfactory highway conditions in advance of the first occupancy, in the interests of highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

6. No part of the development hereby approved shall commence until full engineering, drainage, street lighting and constructional details of the streets proposed for adoption have been submitted to and approved in writing by the Local Planning Authority. The development shall, thereafter, be constructed in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority. 

 

Reason: To ensure these details are adequate to provide satisfactory access and amenity for the occupiers of the development, in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

 

7. The new estate road for the development shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level up to the entrance of the site compound before any development takes place within the site and shall be further extended before any development commences fronting the new access road. 

 

Reason: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative, in the interest of highway safety in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

8. The Framework Travel Plan prepared by Mode Transport Planning dated November 2019 shall be implemented in full in accordance with the timetable within it unless otherwise approved in writing by the Local Planning Authority. All elements of the Framework Travel Plan shall continue to be implemented at all times thereafter for as long as any part of the development is occupied or used for a minimum of at least five years.

 

Reason: To support sustainable transport objectives including a reduction in single occupancy car journeys and the increased use of public transport, walking and cycling in accordance with Policies IC1 and IC2 of Burnley’s Local Plan (July 2018).

 

9. The use hereby approved shall not start until an assessment has been submitted for written approval to the Local Planning Authority which details the levels of internal noise likely to be generated from the proposed use of the site. This assessment shall be used to identify and determine appropriate noise mitigation measures (such as soundproofing) required to protect the amenity of adjacent noise sensitive properties. The approved noise mitigation measures shall be implemented prior to the start of the proposed use and retained thereafter.

 

Reason: To prevent noise nuisance to adjoining properties in accordance with Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).

 

10. 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 SP5 and NE5 of Burnley’s Local Plan (July 2018).

 

11. The reserved matters shall include a detailed plan for refuse storage enclosures showing the design, location and external appearance. The approved enclosures shall be provided prior to first occupation of the approved development and thereafter permanently retained. 

 

Reason: To ensure adequate refuse and recycling storage in order to cater for the needs of the development and to protect the visual amenities of the area, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

12. Prior to first occupation of the development hereby permitted, details of the scheme and programme of external lighting shall have been submitted to and approved in writing by the Local Planning Authority. The scheme and programme shall include details of location, type and intensity of lights; types of masking or baffle at head; type, height and colour of lighting columns; number and size of lighting units per column; and light spread diagrams showing lux levels at the site boundary and calculation of the impact of these on nearby properties. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority. 

 

Reason: To safeguard the amenities of the occupiers of adjoining properties and to comply with Policies SP5 and NE5 of Burnley’s Local Plan (July 2018).

 

13. Unless otherwise agreed in writing by the Local Planning Authority, the development hereby approved shall not be occupied until a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the built has

achieved a minimum BREEAM rating of at least ‘Very Good’ has been submitted to, and approved in writing by, the Local Planning Authority. 

 

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with Policy SP5 of Burnley’s Local Plan (July 2018).

 

14. No part of the development hereby approved 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. Where the findings of the intrusive site investigations 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: 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 Local Plan Policy NE5 of Burnley’s Local Plan.

 

15. The reserved matters planning application shall provide details of a surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and completed prior to any part of the development being first brought into use. The approved drainage scheme shall thereafter be retained in perpetuity. 

 

Reason: To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy CC4 of Burnley's Local Plan (July 2018). The scheme is required prior to the commencement of development to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.

 

16. As part of reserved matters, a landscaping scheme shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all hard surfacing; details of all boundary treatments; and details of all proposed planting, including numbers and species of plant, and details of size and planting method of any trees. All hard landscaping and means of enclosure shall be completed in accordance with the approved scheme prior to first occupation of the development. All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the development or the completion of the development, whichever is the sooner.

 

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD1 and QD15 of the Brighton & Hove Local Plan.

 

17. As part of reserved matters, a Biodiversity Mitigation Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan should provide detailed measures for mitigating against the loss of biodiversity as set out in the approved Ecological Survey (October 2019) and Bird Survey (June 2020), including the compensatory bird boxes, hibernacula and stumperies and their maintenance and

management to secure long term benefits for biodiversity. The approved measures shall be implemented in full prior to the first occupation of the development hereby approved. The whole of the site shall be maintained and managed in accordance with the approved Biodiversity Mitigation Plan at all times.

 

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) and the National Planning Policy Framework.

 

18. All planting, seeding or turfing forming part of the approved details of landscaping shall be carried out within the first planting season following the completion of the development or following the first occupancy of the development, whichever is the sooner 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 and the ecology of the site, to ensure adequate mitigation for the loss of habitat, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018).

 

19. No works shall occur in the main bird nesting season between the 1st March and 31st August in any year unless a detailed bird nest survey by a suitably experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present which has been agreed in writing by the LPA. 

 

Reason: To ensure the satisfactory implementation of the approved landscaping scheme, to ensure a satisfactory appearance to the development and the effective mitigation against the loss of habitat for birds and wildlife, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018).

 

20. As part of reserved matters, details of the surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and completed prior to first occupation of the development. The approved scheme shall thereafter be implemented and completed in accordance with the approved scheme prior any dwelling being first occupied.  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 Policy CC4 of Burnley's Local Plan (July 2018). 

 

21. Foul and surface water shall be drained on separate systems. In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be agreed with the statutory undertaker prior to connection to the public sewer. 

 

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.

 

22. No development shall take place until a Construction Method Statement and Traffic Management Plan 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) Periods when plant and materials trips should not be made to and from the site  v) Routes to be used by vehicles carrying plant and materials to and from the site vi) Measures to ensure that construction and delivery vehicles do not impede access to adjoining properties vii) The erection and maintenance of security hoarding  viii) Measures to control the emission of dust and dirt during construction

 

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.

 

23. 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).

 

24. 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 policy SP5 of Burnley’s adopted Local Plan (July 2018).

 

25. 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 Policies IC1 and IC2 of Burnley’s Local Plan (July 2018)

 

26. The development hereby approved shall be used for Uses B1(b), B1(c) and B2 only and for no other purpose (including any other purpose in Class B of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any order revoking and re-enacting that Order with or without modification), no change of use shall occur without planning permission obtained from the Local Planning Authority. 

 

Reason: In order to retain planning control over the use of the site in the interest of safeguarding the amenities of the area; and to ensure that it continues to contribute to meeting the supply of suitable employment uses that are appropriate to the characteristics of the site and its location in accordance with Policy EMP1 of Burnley’s Local Plan (July 2018).