Agenda item

Decision

 

That planning permission be granted subject to the following conditions:

 

Conditions & 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 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).

 

4.   No unit shall be first occupied until the means of access from the junction of     Brownside Road and Brun Terrace to the proposed building has been improved   in accordance with a detailed scheme that shall be first submitted to and approved in writing by the Local Planning Authority.

 

Reason:  To cater for additional traffic on a private road that is also used by residential properties and is unsuitable for further traffic movements without improvements to its condition, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

 

5.   The development shall not be carried out otherwise than in full accordance with the submitted Flood Risk Assessment (report reference 2021-041-A) and the mitigation measures contained within it.

 

Reason: To ensure the satisfactory implementation of the proposal, in order to appropriately manage the risk of flooding, in accordance with Policy CC4 of Burnley`s Local Plan (July 2018).

 

  6.    Prior to the commencement of built development , details of the design and implementation of a surface water sustainable drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall thereafter be implemented and completed in accordance with the approved scheme prior any unit being first brought into use.  The approved drainage scheme shall be retained at all times thereafter.

 

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.

 

7.      Foul and surface water 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).

 

8.         No development shall be commenced until protective fencing to protect the trees to be retained on and adjacent to the site has been erected in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority. There shall be 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.  The protection measures shall be implemented and remain in situ during building operations until the completion of the development.

 

Reason: To ensure adequate protection for the long term health of trees at and adjacent to the site boundary, 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). Details of the protective fencing is required prior to the commencement of development in order to ensure that adequate protection can be put in place prior to any potential adverse impacts on trees from construction vehicles, plant, deliveries and other site activities.

 

9.      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 units open shall be used for either Class B1(c) light industrial uses only and shall not be used for any other purposes.

 

          Reason:  To protect the amenities of occupiers of neighbouring properties from potential noise, dust and fumes that may result from other Class B uses as well as managing the type and amount of traffic to minimise potential adverse effects from the use of Brun Terrace by industrial traffic, in the interests of safeguarding residential amenity and highway safety, in accordance with Policies SP5, EMP3 and IC1 of Burnley`s Local Plan (July 2018).

 

10.    No development shall be commenced until a scheme to deal with contamination has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall conform to current guidance and best practice as set out in BS10175:2011 Investigation of potentially contaminated sites - code of practice; CLR 11 - Model procedures for the management of land contaminations or other supplementary guidance and include the following phases, unless identified as unnecessary by the preceding stage and agreed in writing by the Local Planning Authority: 

a) A site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study; and

b) A remedial strategy detailing the measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring.  Such scheme shall include nomination of a suitably qualified person to oversee the implementation of the works.

No dwelling shall be first occupied until a Verification report (produced by the suitably qualified person) to evidence that all remediation works, as applicable, have been carried out in accordance with the approved remedial strategy, has been submitted to and approved in writing by the Local Planning Authority.    

 

Reason:  In order to deal appropriately and safely with the risks posed to the public and future occupiers by the historic use of the site and land uses in the surrounding area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).  The site investigation and remediation scheme are required prior to the commencement of development in order 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.   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 and wildlife, in accordance with Policies SP5 and NE1 of Burnley`s Local Plan (2018).

 

12.    No unit hereby approved shall operate or work carried on and no deliveries shall be received or despatched other than between 07:30 hours and 19:00 Monday to Friday and between 08:00 and 17:00 on Saturdays; and there shall be no work or operations take place at all or deliveries received or despatched on Sundays or Bank/Public Holidays.

 

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

 

13.   Prior to the commencement of built development, details of refuse storage for the approved units shall be submitted to and approved in writing by the Local Planning Authority.  The approved refuse storage and any enclosure, where applicable, 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).

 

14.   No unit shall be first occupied until the associated parking spaces for the development and turning areas, as indicated on the approved plans, have been constructed, surfaced, drained and are available for use.  The parking spaces and turning areas shall thereafter be retained as approved at all times.

 

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

 

15.    No unit shall be first occupied until it has been fitted with an Electric Vehicle Charging (EVC) point in accordance with details of its location and specifications which shall be first submitted to and approved in writing by the Local Planning Authority.  The approved EVC points for each unit shall thereafter be retained at all times.

 

Reason:  To facilitate 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).

 

 

16.    Surface water from the areas of forecourt, hardstanding and parking areas shall be collected and drained to an appropriate internal outfall, details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The approved drainage of the forecourt, hardstanding and parking areas shall thereafter be retained at all times.

 

Reason:  To ensure adequate drainage to prevent surface flooding on these areas and elsewhere, in accordance with Policies IC3 and CC4 of Burnley’s Local Plan (July 2018).  The details are required prior to the commencement of development to ensure that the agreed works can be satisfactorily carried out at an appropriate stage in the development.

 

17.    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, 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. Deliveries to the site shall only be accepted between the hours of 09:30 and 14:30 hours Monday to Friday and at no other time. Where permission is sought for works to be carried out outside the hours stated, requests 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).

 

18.    No demolition, including any clearance, preparation works or development shall take place until the applicant or their agent or successors in title has secured the implementation of a photographic record of the remaining Brownside Shed building/structure. The record shall comprise the creation of a photographic record of the building as set out in 'Understanding Historic Buildings' (Historic England 2016) and shall include a description of the building and a full photographic coverage. This work shall be undertaken to the standards and guidance of the Chartered Institute for Archaeologists (CIfA) and a digital copy of the photographs and accompanying description shall be placed in the Lancashire Historic Environment Record prior to any of the approved units being first occupied.

 

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the buildings/site, in accordance with Policy HE2 of Burnley’s Local Plan (July 2018).  The record is required prior to the commencement of development to ensure the effective recording of the site.