Agenda item

Decision

To delegate to the Head of Housing and Development Control to approve subject to the applicant entering into a section 106 Agreement relating to open space improvement, affordable housing, off-site woodland mitigation, off-site woodland management and enhancement, provision of new pedestrian link and improvements to public bridleway, and the following conditions:

Conditions & Reasons

1.    Details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

Reason: The permission is an outline planning permission.

2.    Application for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

Reason: Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

3.    The development hereby permitted shall begin not later than whichever is the later of the following dates: (a) the expiration of three years from the date of this permission; or (b) the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

4.    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.

5.    An application for the approval of Reserved Matters shall provide for a minimum 6m wide green buffer along the bank of the Leeds and Liverpool Canal and a 15m green buffer (with a short localised 10m exception) on the southern elevation of the site.

Reason: To protect the wildlife of the canal corridor which is a designated Biological Heritage Site and to maintain a woodland buffer to the south side of the site to protect the Lancashire Woodland Ecological Network, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

6.    An application for the approval of Reserved Matters shall be accompanied by details of how a minimum of 20% of the proposed dwellings would comply with the optional technical standards of Part M4(2) of the Building Regulations 2010 to be provide adaptable homes. None of the identified dwellings to be constructed with the approved details shall be first occupied until a verification report prepared by a suitably competent surveyor or professional to demonstrate that the standard has been achieved for each dwelling , has been submitted to and approved in writing by the Local Planning Authority.

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).

7.    An application for the approval of Reserved Matters shall be accompanied with details of how energy and water efficiency measures have been designed into the proposed scheme. The approved measures shall thereafter be implemented in full prior to each dwelling being first occupied.

Reason: To ensure that the scheme achieves a high standard of sustainability, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018). 8. A scheme for the provision of electric vehicle charging points for the proposed development shall be submitted with an application for the approval of Reserved Matters. The approved scheme shall thereafter be carried out and completed in accordance with the approved scheme prior to each dwelling being first occupied. 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).

8.    No development shall be commenced until an updated badger survey by a qualified ecologist has been undertaken within a period not exceeding six months prior to the start of construction and has been submitted to and agreed in writing by the Local Planning Authority. In the event that the survey finds evidence of badger activity on the site, no development shall take place until appropriate advice has been taken and any necessary licence has been obtained or mitigation measures agreed.

Reason: To take into account the passage of time between current ecological reports and the potential start of construction in order to protect badgers which are protected species, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The survey is required prior to the commencement of development to ensure that the risk of harm to protected species is low.

9.     No development shall be commenced until an updated inspection for bats by a suitably qualified bat specialist or ecologist of the trees to be removed or affected by the development (which may include the use of aerial activity inspection) has been carried out and submitted to and approved in writing by the Local Planning Authority within a period not exceeding six months prior to the tree works taking place. In the event that the survey finds evidence of bats at the site, no development shall take place until appropriate advice has been taken and any necessary licence has been obtained or mitigation measures agreed.

Reason: To take into account the passage of time between current ecological reports and the potential start of works to trees, in order to protect bats which are protected species, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). The survey is required prior to the commencement of development to ensure that the risk of harm to protected species is low.

10. Prior to the commencement of development, a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority which shall provide details for the following measures: i) temporary fencing of the retained woodland and scrub on the site; ii) temporary fencing at a minimum stand-off distance of 6m from the edge of the adjacent canal protection of retained trees; and, iii) details of the construction lighting to be designed to avoid light spillage onto the canal and woodland edge. The agreed measures shall be implemented prior to any site clearance or development being commenced and retained in their entirety for the duration of the development until its completion.

Reason: To protect the wildlife along the canal bank and woodland during the construction period, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

11. 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.

12. No demolition, site works or removals of trees or shrubs on the site shall take place during the bird nesting season between the 1st March and 31stAugust inclusive in any year unless a qualified ecologist has inspected the area no more than 24 hours prior to the works/removal and provides written confirmation to the Local Planning Authority that no nests or breeding birds will be affected by the development. Reason: To ensure that nesting birds which are protected by the Wildlife and Countryside Act 1981 are not harmed by the development, in accordance with Policy NE1 of Burnley’s Local Plan (July 2018).

13.Prior to the commencement of development, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The submitted LEMP shall provide details for the following:- a) description and evaluation of the features to be managed; b) ecological features and constraints that may influence management; c) aims and objectives of management; d) appropriate management options and prescriptions for management actions; e) a work schedule (including an annual work plan capable of being rolled forward over a five year period); f) details of the body or organisation responsible for implementation of the plan; and, g) on-going monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanisms by which the long-term implementation of the plan will be secured by the developer with the management company or body responsible for its delivery. The Plan shall also set out how contingencies and/or remedial action will be identified, agreed and implemented. The approved LEMP shall thereafter be carried out and adhered to at all times in perpetuity. Reason: To ensure that the ecologically sensitive areas of the site, including the canal bank and retained woodland are appropriately managed to ensure their long term protection and benefits to biodiversity, having regard to the designated Biological Heritage Site and Lancashire Woodland Ecological Network, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

14.An application for the approval of Reserved Matters for the landscaping of the site shall provide for locally native tree and shrub species to be used and details of enhancement of the retained areas of woodland to the southside of the site.

Reason: To ensure adequate regard for the ecological benefits of a landscaping scheme and to ensure details are included for improvements to existing woodland, in accordance with Policies SP5 and NE4 of Burnley`s Local Plan (July 2018).

15. An application for the approval of Reserved Matters shall provide a detailed external lighting plan for all roads, access paths, communal areas and domestic external or security lighting. This shall include specifications of luminaires and light contour plans and be designed in accordance with the guidance notes of the Institute of Lighting (01/2021 obtrusive lighting and 08/2018 wildlife sensitive lighting). The development shall thereafter be carried out in accordance with the approved details of external lighting only and shall be retained at all times. No additional external lighting or variance to the approved scheme shall be carried out at any time without the prior written permission of the Local Planning Authority.

Reason: To protect wildlife, including protected species, which is sensitive to lighting, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

16. Prior to any dwelling being first occupied, the biodiversity enhancement measures identified at Table 4 in the submitted Ecological Impact Assessment shall be carried out and completed in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority.

Reason: To contribute to the biodiversity enhancement measures of the completed development, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).

17. All planting, seeding or turfing comprised in the approved details of landscaping to be approved as a Reserved Matter shall be carried out in the first planting and seeding seasons following the first occupation of the approved development 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 surroundings and contributes to biodiversity enhancement, in accordance with Policies SP5 and NE1 of Burnley’s Local Plan (July 2018).

18.Prior to the commencement of development, a scheme for the detailed design of the proposed site access and 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 any dwelling being first occupied. Reason: To ensure that satisfactory access is provided to the site and is made safe for all highway users and satisfactory provision is made to encourage use of public transport, having regard to sustainable travel and 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.

19.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 within the site. 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).

20.No development shall be commenced until the engineering, drainage, street lighting and constructional details of the proposed estate roads and details of the maintenance of all streets, access roads and drives 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). 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.

21.No dwelling shall be first occupied unless and until all its associated car parking has been constructed, drained, surfaced (in black bitumen macadem or other approved bound material) 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).

22.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).

23.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: • 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 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: 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.

24.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, 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).

25.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 dwelling to any dwelling within each phase of the development being first occupied. 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.

26.The approved development shall not be first occupied until a Verification Report and Operation and Maintenance Plan for the approved surface water drainage system for the lifetime of the development has been submitted to and approved in writing by the Local Planning Authority. The development shall be completed, retained, maintained and managed at all times in accordance with the approved plan. Reason: To ensure 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 the Burnley's Local Plan (July 2018).

27.Prior to the commencement of any development, details of how surface water and pollution prevention will be managed during the construction process shall be submitted to and approved in writing by the Local Planning Authority. The agreed measures shall be implemented at all times during the construction of the development until its completion. Reason: To manage any risks from pollution and flooding arising from construction activities on site, in accordance with Policies NE5 and CC4 of Burnley`s Local Plan (July 2018). The details are required to be submitted prior to the commencement of development in order that they can be in place prior to any work taking place that could lead to pollution or flooding from the site.

28.Foul and surface water shall be drained on separate systems and a scheme for the disposal of foul water shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of built development above ground level. 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 built development above ground level to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.

29.No development shall take place unless otherwise agreed in writing until a scheme to deal with contamination shall be 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.

30.Prior to the first occupation of any dwelling, refuse bins and recyclable waste containers for each respective dwelling shall be provided within a concealed area of the curtilage in accordance with details that shall be submitted with an application for the approval of Reserved Matters. The refuse and recyclable waste storage provision for each dwelling shall thereafter be retained at all times. Reason: To ensure adequate storage for refuse and recycling waste is provided away from public views, in the interests of residential amenities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

31.Prior to the commencement of built development above ground level, details of the management, responsibilities and maintenance schedules for 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). The details are required prior to the commencement of the built development above ground level in order that proper arrangements can be secured at the earliest opportunity for the maintenance of the open space which is for the lifetime of the development.

32.No development shall be commenced until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in full accordance with the methods and measures in the approved Method Statement. Reason: To ensure that vulnerable trees which are to be retained and have an amenity value are not harmed by the development, in accordance with Policy NE4 of Burnley`s Local Plan (July 2018). The method statement is required prior to the commencement of the development so that it can be effectively implemented to prevent any harm to retained trees from the on-set of the development.

33.No development shall commence until; a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity and the extent of zones of influence/instability of off-site mine shafts; and b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance and a verification report to demonstrate that any identified remediation and/or mitigation measures have been implemented in full shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling. Reason: To ensure that the issues arising from historic shallow coal mine workings close to the site are adequately dealt with in order to ensure the safety of the construction, in accordance with Policy NE5 of Burnley`s Local Plan (July 2018).

34.An application for the approval of Reserved Matters shall be accompanied by a further noise assessment that shall detail remedial measures for mitigating against identified external noise sources. The approved measures shall thereafter be carried out and completed prior to each dwelling being first occupied and the completion of the development. The approved measures shall be retained at all times thereafter. Reason: To ensure a satisfactory level of amenity for occupiers of the development, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

35.Prior to the commencement of any development, the following shall be submitted to and approved in writing by the Local Planning Authority in respect of works in proximity to the railway line to the east side of the application site: i) A Method Statement and Risk Assessment for the construction and subsequent maintenance of the development in proximity to a railway line shall be submitted to and approved in writing by the Local Planning Authority. ii) a Method Statement and Risk Assessment for vibro-impact works on site; iii) details of the disposal of both surface water and foul water drainage directed away from the railway; iv) full details of ground levels, earthworks and excavations to be carried out near to the railway boundary; v) details of a minimum 3m easement between structures on site and the railway boundary; and, vi) details of appropriate vehicle safety protection measures along the boundary with the railway. The development shall thereafter only be carried out and maintained in accordance with the approved Method Statements, Risk Assessments and approved details. Reason: To ensure that the construction and subsequent maintenance of the proposal can be carried out without adversely affecting the safety, operational needs or integrity of the railway, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

36. No development shall take place unless a Risk Assessment and Method Statement outlining the construction of foundations and landscaping works in proximity to the Leeds and Liverpool Canal have been submitted to and approved in writing by the Local Planning Authority.  The details shall include:

·         the design, depth and means of construction of the foundations of new buildings and any proposed retaining walls (including cross sections in relation to the canal bank), together with any other proposed earth moving and excavation works required in connection with the development;

·         details of the location of stockpiles and construction equipment on site;

·         details of any protective fencing to be erected to safeguard the waterway infrastructure during construction; and

·         details of the culvert that passes from the development site under the canal structure and any impact on water flows and on the canal structure that may arise from the development, together with any remedial measures to address any identified impact.

The development shall thereafter only be carried out and completed in strict accordance with the agreed Risk Assessment and Method Statement.

Reason: In the interests of safeguarding the stability and integrity of the structure of the Leeds and Liverpool Canal, in accordance with Policy NE5 of Burnley`s Local Plan (July 2018) and the National Planning Policy Framework.