Agenda item

Town and Country Planning Act 1990

Residential development for the erection of 18 dwellings and associated works

Land to the north of Brownside Road Worsthorne BB10 3LR

 

Decision: That delegation be given to the Head of Housing and Development Control to approve the application subject to a section 106 Contribution relating to Open Space improvements and Off-site affordable housing and 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.     Prior to the commencement of built development, representative samples and details of the external materials of construction to be used on the walls and roofs of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved materials.

 

 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.     All planting, seeding or turfing comprised in the approved details of landscaping in the Landscape Layout (drawing number 446/01RevC) shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion 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 order that the landscaping works contribute to a satisfactory standard of completed development and its long term appearance harmonises with its village and countryside surroundings and also provides for biodiversity gains, in accordance with Policies SP5 and NE1 of Burnley’s Local Plan (July 2018).

 

5.     Prior to the commencement of built development, details of the management company, its responsibilities and its funding mechanisms for the management and maintenance of all areas of open space within the site excluding private gardens, to cover the lifetime of the development, shall be submitted to and approved in writing by the Local Planning Authority. Any subsequent changes to the management details shall be submitted to the Local Planning Authority prior to the change taking place.

Reason: To ensure that these areas are appropriately managed and maintained, in the interests of the amenities of the site, in accordance with Policy HS4 of Burnley’s Local Plan (July 2018).

 

6.     No development shall be commenced until a scheme for the means of protecting the trees and hedges to be retained on or adjacent to the 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/hedges which should be retained in the interests of the visual amenities and biodiversity of the site and its surroundings, 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.     No removal of or works to any trees, shrubs or grassland shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation shall be submitted to the Local Planning Authority prior to any works taking place.

 

 Reason: To protect any potential nesting birds, in accordance with Section 1 of the Wildlife and Countryside Act 1981 (as amended) and Policy NE1 of Burnley’s Local Plan (July 2018).

 

8.    Prior to the commencement of development (including groundworks, vegetation clearance), an invasive non-native species protocol shall be submitted to and approved by the Local Planning Authority, detailing the containment, control and removal of Japanese knotweed present on site. The measures shall be carried out strictly in accordance with the approved scheme and shall be completed prior to any dwelling on the site being first occupied.

 

Reason: The spread of Japanese knotweed in the wild is prohibited under the terms of the Wildlife and Countryside Act 1981 (as amended). The protocol is required prior to the commencement of development to avoid the spread of an invasive species which may otherwise occur.

 

9.     Prior to the commencement of development including any vegetation clearance, earth moving or site enabling works, the whole site and 30m boundary should be resurveyed for the presence of badgers including the disused hole on the eastern boundary. A report shall be submitted to the Local Planning Authority detailing any new evidence and any changes to usage from that submitted in the Ecological Appraisal (Simply Ecology Limited, May 2020). Any changes should be accompanied by details of the need to modify the measures identified in the Ecological Appraisal. If no changes have occurred then the hole shall be closed using appropriate on-site ecological supervision as recommended at Annex D para 4.3.3 of the submitted Report.

 

Reason: To ensure that adequate measures are taken to avoid any potential to affect badgers which are a protected species, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The measures are required prior to the commencement of development in order to satisfactorily protect badgers.

 

10. No development shall be commenced or any removal of bat boxes installed on the site take place until the boxes have been inspected by a suitably qualified person for the possible presence of bats. If bats are found to be present a method statement giving details of measures to be taken to avoid any possible harm to bats shall be prepared, submitted to and approved in writing by the Local Planning Authority prior to any development being commenced. Once approved this method statement shall be implemented in full. Whether any bats are present or not, a minimum of two bat boxes and two bird boxes shall be installed on the site post-construction prior to any dwelling being first occupied, in accordance with details to be previously submitted.

 

Reason: To ensure adequate precautionary measures to avoid harm to bats and to provide compensation for possible lost bat roosting potential and to encourage breeding birds to the site to enhance biodiversity on the site, in accordance with Policy NE1 of the Burnley`s Local Plan(July 2018). The details are required prior to the commencement of development to ensure that provision can be made for the implementation of measures at the appropriate stage of the development process.

 

11. 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.

 

12. The applicant or developer shall not permit any delivery vehicles to either arrive at or enter and shall not permit delivery vehicles to exit the site between 08:30 and 09:30 hours and between 15:00 and 16:00 hours on Mondays to Fridays inclusive.

 

Reason: To ensure safety for school children and those dropping off and collecting children at the start and end of the school day, due to the close proximity of the site to a local primary school, in the interests of highway safety, 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. 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).

 

15.Prior to the commencement of development, a scheme for the construction of the site access and associated off-site works of highway improvement to include new footways either side of an improved junction, the re-location of a bus stop outside 258/260 Brownside Road and improvements to the bust stop opposite the site, facilitating a Traffic Regulation Order to impose no waiting restrictions, 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 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.

 

16.No dwelling shall be first occupied until the approved scheme referred to in condition 16 above has been constructed and completed in accordance with the scheme details.

 

 Reason: To ensure that new occupiers have 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).

 

17. No dwelling shall be first occupied unless and until its associated car parking has been constructed, drained, surfaced and is available for use in accordance with the approved plans. The car parking spaces associated with each dwelling shall thereafter be retained for the purposes of car parking at all times.

 

 Reason: To ensure adequate off-street parking, in the interests of highway safety and amenity, in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

 

18. Notwithstanding the provisions of the Town and Country Planning General Permitted Development (England) Order 2015 (as amended), the garages hereby approved (including integral/attached/detached garages) shall remain available at all times for the parking of a motor vehicle and shall not be altered to provide habitable space.

Reason: To ensure that car parking levels for each property are preserved to ensure the continued compliance with the Council’s parking standards, in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

 

19. None of the approved detached dwellings shall be first occupied until it has been provided with an external electric car charging point in a suitable position to enable the recharging of an electric vehicle using a 3m length cable.

 

Reason: To encourage the use of electric vehicles in order to reduce emissions and protect the local air quality in accordance with Policy IC3 of Burnley’s Local Plan (July 2018).

 

20. The development shall be constructed in accordance with the surfacing materials to be used on the estate roads, driveways and parking spaces as indicated on the approved plans.

 

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).

 

21. The approved access junction and estate road shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development takes place.

 

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

 

22. No built development shall be commenced until the engineering, drainage, street lighting and constructional details of the proposed estate roads 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.

 

 Reason: To ensure these details are adequate to provide satisfactory access and amenity for the occupiers of the development, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

23. No development shall be commenced until details of a surface water sustainable drainage scheme, based on sustainable drainage principles, and including details of water quality controls and a timetable for implementation, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and completed prior to the first occupation of any dwelling, and the approved drainage scheme shall thereafter be retained at all times.

 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.

 

24. No dwelling hereby approved shall be occupied until details of a management and maintenance plan for the sustainable drainage system required by condition 24 which shall cover the lifetime of the development, has been submitted to and approved in writing by the Local Planning Authority. The sustainable drainage system shall thereafter be managed and maintained at all times in accordance with the approved details.

 

Reason: To ensure that 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 Burnley`s Local Plan (July 2018)

 

25. No development shall be commenced until a scheme for the disposal of foul water has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented in full and completed prior to any dwelling being first occupied. The foul water drainage scheme shall thereafter be retained at all times in the future.

 

Reason: To ensure the site can be adequately drained and to prevent pollution of groundwaters, in accordance with Policy NE5 of the 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.

 

26. Details of boundary treatment to be used on the application site boundaries and within the development site shall be submitted to and approved in writing prior to the commencement of built development. The development shall thereafter be carried out and completed in accordance with the approved details prior to the completion of the development.

 

Reason: To ensure the details are appropriate and complement the approved landscaping scheme for the site, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

 

27. Prior to the commencement of development, a Remediation Strategy shall be submitted to and first approved in writing by the Local Planning Authority in accordance with the recommendations of the Site Investigation and Ground Assessment (Report reference BEK-19642-1, dated January 2020) submitted with this application. The approved Remediation Strategy shall thereafter be implemented in full during the course of the development and shall be completed prior to the first occupation of any dwelling. In addition, a Validation and Verification report shall be submitted and accepted in writing by the Local Planning Authority prior to any dwelling being first occupied. In the event that the approved report makes recommendations for future monitoring then this should also be adhered to in accordance with the details of the recommendations and any results of such monitoring shall be submitted to the Local Planning Authority.

 

Reason: To ensure a safe form of development that poses no unacceptable risk of pollution to water resources or to human health, in accordance with Policy NE5 of Burnley`s Local Plan (July 2018). The scheme is required prior to the commencement of development in order to ensure that any remediation measures that may be necessary can be carried out at the appropriate stage in the development process.

 

28.Plots 2,3,4 and 5 shall be constructed to comply with the optional technical standards of Part M4(2) of the Building Regulations 2010 to provide adaptable homes.

 

Reason: To ensure that the development provides benefits to new occupiers by the provision of adaptable homes to meet lifetime needs,  in accordance with Policy HS4 of Burnley`s Local Plan (July 2018)