Agenda item

Conditions and Reasons

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 premises shall be occupied by up to a maximum of 50 no. studio apartments for individuals in need of accommodation with assisted living (sui generis use) in accordance with the approved plans and the Design and Access Statement submitted with this application. No part of the approved development shall be occupied as a dwelling under Class C3 of the Town and Country Planning (Use Classes) Order 1987 or as a House in Multiple Occupation (sui generis) without planning permission first being obtained.

Reason: The proposal has been assessed on the basis of the proposed use for assisted living accommodation and not for Class C3 purposes which would require a greater level of car parking provision and consideration of other plan policies, in accordance with Policies HS4 and IC3 of Burnley`s Local Plan (July 2018).

4. Prior to the commencement of any building operations , a Noise Assessment shall be submitted to and approved in writing by the Local Planning Authority to assess the impact of environmental noise, including traffic noise, on the future occupiers of the development. Any recommendations in the approved Noise Assessment to mitigate against noise shall thereafter be carried out and completed prior to any part of the premises being first occupied.

Reason: To ensure that any potential noise impact on occupiers of the development is suitably mitigated to ensure a satisfactory level of amenity for occupiers, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

5.         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 following:

• 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 until the completion of the development.

Reason: - In the interests of the safe operation of the adopted highway during the demolition and construction phases, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

6.         Prior to any occupation of the approved scheme, the car parking spaces and secure cycle parking provision, as indicated on the approved plans, shall be provided and available for use for the purposes of occupiers of the development, staff and visitors. The car parking provision and secure cycle storage shall thereafter be retained for these purposes at all times.

Reason: To ensure adequate parking provision to cater for the needs of the development and to ensure provision for cycle storage to encourage the use of cycling as a sustainable mode of transport, in accordance with Policy IC3 of Burnley`s Local Plan (July 2018).

7.         Matching brickwork must be used to make good former window/door openings at the premises.

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

8.         Prior to the premises being first occupied the landscaped courtyard garden and acoustic fence shall be constructed, completed and available for use.

Reason: To ensure adequate outdoor sitting areas for occupants of the building and to ensure adequate protection from potential noise to surrounding neighbouring properties, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

9.         Prior to any part of the approved development being first occupied, a scheme for the management of the site (including the comings and goings of occupants and measures to prevent noise and disturbance) as well as site security and safety measures shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall thereafter be implemented in full and strictly adhered to at all times in perpetuity.

Reason: To ensure the safety and amenity of occupants and neighbouring properties, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).