Agenda item

Decision

 

That approval be delegated to the Head of Housing & Development Control subject to the agreement of a S106 agreement and 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.         Prior to the commencement of built development above ground level, details of the external materials of construction to be used on the walls and roofs of the development shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved details.  

 

Reason: To ensure a satisfactory appearance to the development, having regard to the character of the local area, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).  The material details are required prior to the commencement of development to ensure that the approved materials are available for use at the appropriate stage of the development.  

 

4.         No development shall be commenced until protective fencing to protect the trees to be retained on the site has been erected in accordance with details as indicated within the ArboriculturalReport (dated October 2021). All measures contained within the report shall be adhered to at all times and 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 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 protective fencing is required to be erected prior to the commencement of development in order to give adequate protection to the trees from construction vehicles, plant, deliveries and other site activities. 

 

5.      Prior to the commencement of built development above ground level, a scheme of landscaping, to include details of retained trees and new tree and shrub planting, to include native species (noting species, plant sizes/heights on planting and proposed numbers/ densities where appropriate), shall be submitted to and approved in writing by the Local Planning Authority. 

Reason:  In order to ensure a satisfactory scheme of landscaping, in the interests of viusal amenities and biodiversity, in accordance with Policies SP5 and NE1 of Burnley`s Local Plan (July 2018).  The scheme is required prior to the commencement of development to ensure that the works are agreed early in the process in order that they can be carried out at the appropriate stage of the development. 

 

6.         All planting, seeding or turfing comprised in the approved details of landscaping   (as approved by Condition 5) shall be carried out in the first planting and seeding seasons following the first occupation of any apartment 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). 

 

7.         Prior to the commencement of development except for demolition, a scheme of off-site works of highway improvement to include improvements to two bus stops adjacent to the site on Briercliffe Road and the promotion of a Residents Only Parking Scheme on Boundary Street, shall be submitted to and approved in writing by the Local Planning Authority.  With the exception of the latter (the Residents Only Parking Scheme), the approved schemeof off-site works of highway improvement shall thereafter be implemented in its entirety and completed prior to any apartment being first occupied. 

 

Reason: To ensure that satisfactory access is provided to the site and to mitigate against potential impacts on on-street parking, in the interests of highway safety, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018). The scheme is required prior to the commencement of development to ensure that the works can be agreed and carried out at the appropriate stage of the development. 

 

8.        The approved access and egress and access 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, except for demolition works, takes place. 

 

        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). 

 

9.         Prior to the commencement of built development above ground level, a scheme of biodiversity enhancement measures, which shall include measures for the planting of locally native/wildlife friendly species and details of the amount, type and positions of bat boxes and nesting boxes (suitable for swifts and starlings)  

shall be submitted to and approved in writing by the Local Planning Authority.  The approved biodiversity enhancement measures shall thereafter be carried out and completed prior to any apartment being first occupied or in the case of planting proposals, shall be carried out as part of the approved landscaping scheme. 

 

Reason:  To ensure that the scheme provides adequate benefits for wildlife to enhance the biodiversity of the site and to compensate for lost habitat for bats and birds, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).  The scheme is required prior to the commencement of development to ensure that the approved measures can be incorporated into the building design. 

  

 

10.      Prior to the removal of any vegetation on the site or commencement of development except for demolition, a method statement for the removal of Wall cotoneaster and to prevent its spread from the site shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved method statement. 

 

Reason:  To control the spread of an invasive species which has been recorded on the site, in accordance with Policy NE1 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 from the earliest stages of the development. 

 

11.         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 of reasonable avoidance measures for species such as hedgehogs and toads.  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 wildlife that may be present on the site during the construction period, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018). This must be carried out prior to the commencement of development in order to prevent any potential harm to wildlife.  

  

12.      No works or removals of trees or shrubs on the site shall take place during the bird nesting season between the 1^st March and 31^st August 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).  This must be carried out prior to the commencement of development in order to prevent any potential harm to breeding birds.             

 

13.      No trees on the site shall be felled unless a method statement for their removal, in accordance with the recommendation of the Preliminary Ecological Appraisal (reference 80-250-R1-1, dated February 2021) 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 approved method statement. 

 

Reason: To protect protected species (birds and bats), in accordance with Policy NE1 of Burnley’s Local Plan (July 2018). This is required prior to the commencement of development in order to prevent any potential harm to birds or bats. 

 

14.      Prior to the commencement of built development above ground level, a scheme for external lighting to be sensitive to wildlife, 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 ensure sensitive external lighting to avoid harm to birds, bats and other wildlife, in accordance with Policy SP5 of Burnley`s Local Plan (2018). A scheme is required prior to the commencement of development in order it can be satisfactorily integrated into the design of the development. 

 

15.      No apartment shall be first occupied until the car park and manoeuvring areas as indicated on the approved plans have been constructed, drained, surfaced in tarmacadem or an alternative bound treatment to be previously agreed in writing with the Local Planning Authority, marked out and made available for use. The car parking area shall thereafter be kept free of obstruction and available for the parking of cars at all times.  

 

Reason: To ensure adequate off-street parking and to allow for the effective use of the parking areas, in the interests of highway safety and amenity, in accordance with Policy IC3 of Burnley’s Local Plan (July 2018). 

 

16.      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). 

 

17.      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 toand 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. 

  

18.      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). 

 

19.      Prior to the commencement of built development above ground level, 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 apartment 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. 

 

20.      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). 

 

21.      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.  

 

22.      Foul and surface water shall be drained on separate systems. 

 

Reason: To ensure the site can be adequately drained, in accordance with Policy NE5 of the Burnley`s Local Plan (July 2018).   

 

23.      Prior to any apartment being first occupied, the enclosed refuse store shall be constructed and available for use in accordance with the approved plans. The refuse store 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). 

 

24.      The development shall be constructed and completed in accordance with the recommendations contained within the submitted Phase I and Phase II Geo-environmental Site Assessment (report references 12-779-R1-RevA and 12-779-R2-RevB, both dated October 2021) and the Ground Gas Addendum report (reference 12-779-R3-RevA, dated October 2021).  In the event that previously unidentified contamination is discovered during any part of the works then further investigation and risk assessment shall be undertaken which shall together with an additional remediation scheme be submitted to and approved in writing by the Local Planning Authority before works continue.  A Validation and Verification report to evidence that all remediation works have been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the Local Planning Authority before the approved residential care home is first occupied. 

 

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 surrounding area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).   

 

25.      The development shall not be carried out otherwise than in accordance with the measures for energy efficiency contained within the submitted Sustainability Part L Assessment Summary Report Revision 04, dated 07.01.2022 and shall be completed in their entirety prior to the completion of the development. 

 

Reason: To ensure the development delivers the expectedenergy efficiencies, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).  

 

26.      A minimum of two Electric Vehicle Charging points shall be installed externally within the car park as indicated on the approved plans prior to the completion of the development. 

 

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). 

 

27.      Prior to any apartment being first occupied, a full and up to date Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved Travel Plan shall thereafter be implemented in accordance with the timescales within the approved Travel Plan and shall be audited and updated at intervals of not greater than 18 months.  The measures contained with the Travel Plan shall be adhered to at all times. 

 

Reason: To promote and provide access to sustainable travel options, in accordance with Policy IC2 of Burnley’s Local Plan (July 2018). 

 

28.      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 development shall operate as an extra care apartment scheme (Class C3) for residents generally aged over 55 where care supports independent living only and shall not be used for any other purpose within Class C3 or for any other purpose. 

 

Reason:  To ensure the satisfactory implementation of the proposal which has been assessed on the details of the proposed use only, a deviation from which would need to be re-assessed in respect of potential needs for open space, education and car parking amongst other material considerations, in accordance with Policies HS4, IC4 and IC3 of Burnley`s Local Plan (July 2018). 

 

29.      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 commercial facilities (indicated as bistro and salon on the approved plans) shall not exceed a combined floor area of 131sqm and shall be used as a café/restaurant/coffee shop and retail shop or hair salon use only and not for any other use falling within Class E and shall not be used for any other purposes. 

 

Reason:  To ensure the satisfactory implementation of the proposal which has been assessed on the proposed use only, to ensure that these facilities are relevant to the principal development of the site for extra care apartments, in accordance with Policies HS1/10 and TC1 of Burnley`s Local Plan (July 2018). 

 

30.      The development shall be constructed to incorporate the recommendations contained within the submitted Noise Impact Assessment (reference 50-093-R1-2, dated October 2021), details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development above ground level. 

 

Reason: To ensure satisfactory mitigation against traffic noise, in the interests of residential amenities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).  The details are 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. 

 

31.      A scheme for the provision and continued use of the development for Affordable Housing shall be submitted to and approved in writing by the Local Planning Authority prior to any apartment being first occupied.  The approved scheme of Affordable Housing shall thereafter be implemented in full and shall continue to do so at all times.  

 

Reason: To ensure that the scheme delivers the intended benefits from the provision of Affordable Housing, in accordance with Policy HS2 of Burnley`s Local Plan (July 2018). 

 

32.      The approved boundary treatment as indicated on drawing number CAL02-TEP-EC-XX-DR-L-90003-S2-P02 shall be carried out and completed prior to the completion of the development or the first occupation of any apartment, whichever is the sooner.  The approved boundary treatment shall thereafter be retained at all times. 

 

Reason:  To ensure a suitable edge to the development and neighbouring occupiers, in the interests of visual amenities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).   

 

33.      All external glazing to be use d in the development shall be non-coloured glass only and windows/doors shall be installed in accordance with the approved  window dimensions plan (drawing number CAL02-BCA-EC-ZZ-DR-A-32002-S2-P2) and in accordance with details of the materials and colour of the window and door frames and juliette railings which shall be previously submitted to and approved in writing by the Local Planning Authority, unless any variation to this is previously agreed 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).