Agenda item

Town and Country Planning Act 1990

Retain use of open yard for Class B8 storage, construct new access at Hargher Street and erect 10 no. units for Class B1 (c) light industrial and Class B8 storage use (total 1015sqm)(partly retrospective application)

Hargher Clough Works Hargher Street Burnley :Lancashire

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.     No unit shall be first occupied or permitted use of the site take place until the footway has been reinstated to full kerb height , following the existing vehicle crossover being made redundant , in accordance with the approved plans and the Lancashire County Council Specification for the Construction of Estate Roads.

Reason: To maintain the proper construction of the highway, in the interests of pedestrian safety, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018)

4.     Prior to the commencement of development, 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. No unit shall be first occupied until the approved scheme has been constructed and completed in accordance with the scheme details.

 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 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.     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).

6.     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.

 Reason: To safeguard the residential amenities of the local area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).

7.     No part of the approved premises (including the open storage on the site and the approved units) shall operate, no work shall be carried out and no deliveries shall be received or despatched other than between08.00 hours and 19:00 Monday to Saturday and it shall not operate and no work take place at all and there shall be no  deliveries received or despatched on Sundays or Bank/Public Holidays.

 Reason: To ensure that the development can be satisfactorily carried out within reasonable working hours whilst respecting and safeguarding the residential amenities of nearby occupiers, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

8.    Prior to the commencement of built development, a scheme for drainage of surface water, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be carried out and completed prior to the completion of the development or the first occupation of any of the approved units, whichever is the sooner.

 Reason: To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy CC4 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.

9.     Foul and surface water from the site 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 and NE5 of Burnley`s Local Plan (July 2018).

10. Prior to the commencement of development, an intrusive investigation shall be carried out by a suitably competent person(s) in accordance with the submitted Preliminary Risk Assessment Report ref BEK-20739-1 to further assess the extent of contamination likely to affect all receptors at end-use and 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, and shall be submitted to and approved in writing by the Local Planning Authority. mediation scheme, including a programme for implementation, and shall be submitted to and approved in writing by the Local Planning Authority. Remediation work shall thereafter be carried out and completed in accordance with the approved scheme. In the event that previously unidentified contamination is discovered during any part of the works then further investigation and risk assessment shall be undertaken which shall together with an additional remediation scheme be submitted to and approved in writing by the Local Planning Authority before works continue. A Validation and Verification report to evidence that all remediation works have been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the Local Planning Authority before any of the approved units are first brought into use.

 Reason: In order to deal appropriately and safely with the risks

posed to the site and for future users from past industrial uses that    may affect the site, in accordance with Policy NE5 of Burnley's Local Plan (July 2018). The site investigation, report and remediation scheme are required prior to the commencement of development to ensure that any mitigation measures that are found to be necessary through the investigation can be carried out at the appropriate stage in the development process.

11.  Noise Rating Levels from cumulative noise, to include noise from external plant and machinery and commercial vehicles, at the development hereby permitted shall not exceed the existing background noise level (LA90) by more than 5dB(A) 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 Policy NE5 of Burnley`s Local Plan (July 2018).

12. Outside storage on the site shall be confined to the area marked on the approved plans and shall not at any time exceed a height in excess of 10.0m above ground level.

 Reason: To ensure a satisfactory appearance to the site and ensure satisfactory conditions for access and manoeuvring purposes, in accordance with Policies SP5 and IC1.

13. The improvements to the perimeter boundary wall as indicated on the approved plans shall be carried out in their entirety and completed prior to any of the approved units being first brought into use.

Reason: To ensure the implementation of improvements to the external boundaries of the site, in the interests of visual amenities, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

14. Prior to the commencement of built development, a scheme for external lighting that shall minimise light spillage outside of the site, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in accordance with the approved scheme and only external lighting that accords with the approved scheme shall be permitted to be installed or operate at the premises at any time.

Reason: To avoid external light spillage, glare or nuisance from sensor lights that would adversely affect residential amenities, in accordance with Policy SP5 of Burnley`s Local Plan (2018).

15. Prior to the commencement of built development, details of a Refuse Storage Enclosure to be constructed on the site shall be submitted to and approved in writing by the Local Planning Authority. The approved Refuse Storage Enclosure shall be constructed, completed and made available for use prior to any of the approved units being first occupied and shall thereafter be retained at all times.

Reason: To ensure a suitable area for refuse, in the interests of maintaining a tidy site, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

16. The materials of construction to be used on the external walls and roof of the development shall be in accordance with the approved plans and the specifications on the application forms unless any variation to this is otherwise approved in writing by the Local Planning Authority.

 Reason: To ensure a satisfactory appearance to the development, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

17. No unit shall be first occupied until the associated parking spaces for that unit, as indicated on the approved plans, has been constructed, surfaced, drained and is available for use.

 Reason: To ensure adequate parking arrangements for the proposed development, in accordance with Policy IC3 of Burnley`s Local Plan (July 2018).

18. Notwithstanding 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 and re-enacting those Orders, the approved open yard shall be used for Class B8 open storage purposes only and the approved units shall be used for either Class B1(c) light industrial and/or Class B8 (storage and distribution) uses only and shall not be used for any other purposes.

Reason. To ensure the satisfactory implementation of the proposal which has been assessed on the proposed use only, in the interests of safeguarding residential amenity and highway safety, in accordance with Policies SP5 and IC1 of Burnley`s Local Plan (July 2018)