Agenda item

FUL/2020/0410

Town and Country Planning Act 1990

 

Erection of 5. no industrial buildings for use for light industrial Class E (g) or storage and distribution (B8) together with car parking, access and associated works.

 

Astley House Albert Street Burnley Lancashire

 

Applicant: Mr S Choudrey

Agent: Mr Brian Sumner

 

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

 

1.    The development to which this permission relates must be begun not later than the expiration of three years from the date of this permission.

 

Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990 as amended by the Planning Compulsory Purchase Act 2004.

 

2.    The development shall be carried out in accordance with the 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.    All materials to be used in the approved scheme shall be as stated on the application form and amended drawings received 31/8/21 and shall not be varied without the prior written approval of the Local Planning authority

 

Reason: To ensure that the development will be of a satisfactory appearance and to comply with policies SP5 and HS5 of Burnley's Local Plan 2018

 

4.    a) Notwithstanding drawing CHOUD/04 02C (20.11.20), prior to the installation of any hard and soft landscaping treatment scheme (including street trees) shall be submitted for approval in writing by the Local Planning Authority. b) The approved scheme shall be implemented prior to the first use of the development. If within a period of 5 years from the date of the planting of any tree or shrub, that tree or shrub planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place.

 

Reason: To ensure that the appearance of the development is satisfactory in order to comply with policy SP5 of Burnley’s Local Plan

 

5.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order) the premises shall only be used for the purposes of (Class E(g) and for no other purpose (including any other purpose in Class E and no shall only be used for the purposes of B8 and for no other purpose (including any other purpose in B8) on the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order).

 

Reason: To safeguard the amenities of nearby residents in accordance with policy SP5 of Burnley’s adopted Local Plan.

 

6.    No open storage or display of goods, materials, finished or unfinished products or parts, crates or refuse shall take place on any open area of the site without written consent from the local planning authority.

 

Reason: To ensure that vehicle movements are not obstructed and to ensure that the appearance of the site does not have a detrimental impact on the surrounding residential area. Highways

 

7.    The car park shall be surfaced or paved in accordance with a scheme to be approved by the Local Planning Authority and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan, before the use of the premises hereby permitted becomes operative and permanently maintained thereafter, kept clear of all goods and shall not be used for any storage.

 

Reason: In the interests of highway safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan.

 

8.    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 prevent stones and mud being carried onto the public highway to the detriment of road safety in accordance with policies IC3 and SP5 of Burnley’s adopted Local Plan

 

9.    No part of the development hereby approved shall commence to trade until a scheme for the construction of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority as part of a section 278 agreement, under the Highways Act 1980.

 

Reasons: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site and to enable all construction traffic to enter and leave the premises in a safe manner without causing a hazard to other road users.

 

10.No part of the development hereby approved shall be occupied or opened for trading until the approved scheme referred to in Condition 9 has been constructed and completed in accordance with the scheme details.

 

Reasons: In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

 

11.The car parking area for the development shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least sub base before any development takes place within the site.

 

Reasons: To ensure that provision is made for the storage of materials and contracting staff.

 

12. 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 1700 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 amenities of nearby residents in accordance with policy SP5 of Burnley’s adopted Local Plan. Environmental Health

 

13.The development shall not begin until: a. A strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority; b. An investigation has been carried out in accordance with the approved strategy; c. 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, has been submitted to and approved in writing by the local planning authority. Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local planning authority subsequent to its discovery. Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

 

Reason: To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecology systems, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with Policy NE5 of Burnley’s adopted Local Plan

 

14.The rating level of the noise (measured in accordance with BS4142:2014+A1 (2019) emitted from the site shall not exceed a level of 5 dB below the typical background noise level, as determined 1m form the boundary of the nearest sensitive receptor. All measurements and assessment shall be made according to BS4142: 2014+A1 (2019).

 

Reason: To ensure that the emission of noise is controlled in the interests of the amenity of nearby residents

 

15.The refuse and recycling store as shown on plan CHOUD/04 Dwg 02C shall be provided before the start of the use and thereafter permanently retained.

 

Reason: To provide satisfactory refuse storage provision in the interests of the appearance of the site and locality and to ensure compliance with policy SP5 of Burnley’s adopted Local Plan.

 

16.No process shall be carried on, including the sounding of horns and vehicle repairs, which creates a nuisance to nearby residents as a result of noise, vibration, smell, fumes or smoke.

 

Reason: To safeguard the amenities of the nearby residential area, in accordance with policy NE5 of Burnley’s adopted Local Plan

 

17.No machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times; 8am - 5pm Monday to Friday and 8am – 1pm Saturdays none at any time on Sundays, Bank or Public Holidays

 

18. Audible alarms to any commercial vehicle associated with the development hereby approved, including forklift trucks, shall not be used at any time.

 

Reason: In the interests of residential amenity in accordance with policy SP5 of the adopted Local Plan.

 

19.No external lighting shall be erected as part of the development unless permission has been sought from the local planning authority.

Reason: To safeguard the amenity of local residents and adjacent properties/landowners in accordance with policy NE5 of Burnley’s adopted Local Plan.