Agenda item

Proposed creation of car park.

Town and Country Planning Act 1990 Creation of car park Land At Westway Burnley

 

Applicant : Car Park (Burnley) Ltd, Trafalgar Mill Business Centre

 

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.    The car park shall operate as a private car park only for the parking of up to 20 private cars on a payment in advance mechanism only with a barrier to control entry and departure and shall not at any time be open or available as a public car park. The parking of vehicles is restricted to cars and shall not be occupied by motorhomes or caravans and shall not be used for any other purpose whether or not permitted by the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

 

Reason: In order to control the number and type of vehicular movements to and from the site and to ensure the satisfactory implementation of the proposal and to prevent other uses that may be unsuitable on this small site, in accordance with Policies IC1 and SP5 of Burnley`s Local Plan (July 2018).

 

4.    The approved 20 space car park inclusive of two disabled parking spaces, shall be constructed, drained and hard surfaced in tarmacadam unless alternative surfacing materials are previously agreed in writing by the Local Planning Authority, and marked out in accordance with the approved plans, prior to being first open for use.

 

Reason: To ensure a satisfactory bound and drained surface and to ensure the satisfactory implementation of the proposal, in accordance with Policies IC1 and SP5 of Burnley’s Local Plan (July 2018).

 

5.    Prior to the commencement of development, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for tree and hedge planting along the site`s boundary with Wilfield Street and tree planting on a bunded edge with Westway, as indicated on the approved plans. The submitted details shall include plant species, numbers and locations of planting, planting heights and methods of cultivation. In respect of the area of landscaping that either falls within the visibility splays of the site access or adjoins the highway, details of the landscaping shall also include a scheme of maintenance.

 

Reason: To ensure appropriate screening and a satisfactory appearance to the development from Wilfield Street and Westway and to ensure that visibility for users of the highway is not adversely affected, in the interests of visual amenities and highway safety, in accordance with Policies SP5 and IC1 of Burnley`s Local Plan (July 2018). The condition is required prior to the commencement of development to ensure that a suitable landscaping scheme can be implemented promptly at the appropriate stage in the development.

 

6.    All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the excavation of the land and formation of a new surface for a car park; 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 surroundings, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

 

7.    Details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to its installation. No further external lighting shall thereafter be installed.

 

Reason: To avoid excessive and intrusive lighting , in the interests of residential amenities and highway safety, in accordance with Policies SP5 and IC1 of Burnley`s Local Plan (July 2018).

 

8.    Prior to the commencement of development, a scheme for the construction of the site access and the associated off-site works of highway improvement, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be implemented in its entirety and completed prior to the approved car park being first brought into use.

 

Reason: To ensure that the details of the access and highway works are acceptable, 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 stage of the development in the interests of highway safety.

 

9.    Prior to the approved car park being first brought into use, details of the future management and maintenance of the approved private car park shall be submitted to and approved in writing by the Local Planning Authority. The car park shall thereafter only be operated in accordance with the approved management and maintenance details.

 

Reason: To ensure the satisfactory implementation of the proposal and to ensure the car park is adequately managed and maintained , to safeguard the users of the street and the visual amenities of the locality, in accordance with Policies IC1 and SP5 of Burnley`s Local Plan (July 2018).

 

10.Prior to the commencement of development, 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 submitted details shall include measures for dealing with surface water run-off from the landscape bund adjacent to the bus lane at Westway. The approved scheme shall thereafter be implemented and completed in accordance with the approved details prior to any part of the development being first brought into use. The approved drainage scheme shall be retained in perpetuity.

 

Reason: To ensure the site is adequately drained and to prevent adverse run[1]off onto the public highway, in order 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 above to ensure that acceptable works can be agreed before works start and can then be implemented at an appropriate stage in the development.

 

11.The proposed boundary treatment indicated on the approved plans, shall be implemented and completed prior to any part of the approved car park being first brought into use. The approved boundary treatment, including the landscaping and fence on the site`s boundary with Wilfield Street, shall be retained in perpetuity.

 

Reason: To ensure a satisfactory appearance to the development in order to protect the visual amenities of the surrounding area and to provide satisfactory screening from adjacent properties in order to safeguard residential amenities, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

 

12.No part of the approved car park shall be first brought into use unless and until a minimum of two car parking spaces have been fitted with Electric Vehicle Charging points which shall be solely for use by the users of car park. The Electric Vehicle Charging points shall thereafter be retained in perpetuity.

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) and the National Planning Policy Framework.

 

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, including any works of demolition or site clearance, until a Construction Management Plan (CMP) or Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. The approved Plan / Statement shall provide for the :

• 24 Hour emergency contact number.

• Details of the parking of vehicles of site operatives and visitors.

• Details of loading and unloading of plant and materials.

• Arrangements for turning of vehicles within the site.

• Swept path analysis showing access for the largest vehicles regularly accessing the site and measures to ensure adequate space is available and maintained, including any necessary temporary traffic management measures.

• Measures to protect vulnerable road users (pedestrians and cyclists). • The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate. • Wheel washing facilities.

• Measures to deal with dirt, debris, mud or loose material deposited on the highway as a result of construction.

• Measures to control the emission of dust and dirt during construction. • Details of a scheme for recycling/disposing of waste resulting from demolition and construction works.

• Construction vehicle routing.

• Delivery, demolition and construction working hours.

 

The approved Construction Management Plan or Construction Method Statement shall be adhered to throughout the construction period for the development.

 

Reason: - In the interests of the safe operation of the adopted highway during the demolition and construction phases and to ensure that the safety and amenities of occupiers of neighbouring properties are satisfactorily protected, in accordance with Policies NE5 and IC1 of Burnley's Local Plan (July 2018). The Plan/Statement is required prior to the commencement of development to ensure that the measures can be effectively implemented and the development is carried out satisfactorily.

 

15.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.

 

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

 

16.Deliveries of construction materials and removal of existing site materials and waste to and from the development site shall only be permitted and accepted between the hours of 09:30 and 14:30 hours Monday to Friday only and at no other times.

 

Reason: In order to avoid peak traffic on the surrounding highway network, in the interests of highway safety, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).