Agenda item

Town and Country Planning Act1990

Proposed conversion of ground floor from cafe to retail and offices; conversion of first and second floor to offices/studios; installation of new shop front and replacement windows to front and rear elevations; removal of a rear fire escape and erection of a single storey rear extension.

160 ST JAMES’S STREET BURNLEY BB11 1NR

Decision

That planning permission be granted subject to the following conditions:

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: 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 not be carried out other than to the approved drawings and the specifications as indicated thereon except where modified by the conditions of this consent. The approved drawings are: Drawing Nos1457-7 (Site Plans at 1:500 scale) received 18 January 2022; 1457-3C (Scheme Drawing Floor Plans at 1:50 Scale) received 22 February 2022; and 1457-4E (Scheme Drawing Elevations at 1:50 scale) and1457-6D (Proposed Section and Details at 1:50, 1:10 and 1:5 scale) received 02 July 2022.

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 approved drawings 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, having regard to the character and appearance of the building and the visual amenities of the area in accordance with Policy SP5and HE2of Burnley’s Local Plan (July 2018).

4.     Notwithstanding the approved drawings, prior to the removal of theshopfront full and precise joinery details for the shopfront console/corbel; fascia and pilaster(at a scale of no more than 1:20 as appropriate) shall be submitted to and approved in writing by the Local Planning Authority. Once approved by the Local Planning Authority the shopfront shall be constructed in accordance with the approved details and shall be retained as such thereafter.

Reason: As insufficient information has been submitted and in order to ensure a satisfactory appearance and to protect the character and appearance of Burnley Town Centre Conservation Area in accordance with Policies SP5 and HE2 of Burnley’s Local Plan (July 2018).

5.     Notwithstanding the approved drawings, prior to the removal of the window frames to the front (north) elevation full and precise details of the oriel bay windows including the dimensions of all component parts including any glazing bars, opening mechanisms, decorative mouldings and proposed glazing to be used shall be submitted to and be approved in writing by the Local Planning Authority.  The submitted details shall include appropriately scaled cross sectional drawings. Once approved by the Local Planning Authority, the oriel bay windows shall be constructed in accordance with the approved details and shall be retained as such thereafter.

Reason: As insufficient information has been submitted and in order to ensure a satisfactory appearance and to protect the character and appearance of Burnley Town Centre Conservation Area in accordance with Policies SP5 and HE2 of Burnley’s Local Plan (July 2018).

6.     The development shall be carried out in full accordance with the approved Flood Risk Assessment (prepared by Aegaea ref AEG0359_BB11_Burnley dated 13/04/2022) and the mitigation measures it details. The mitigation measures shall be fully implemented prior to first occupation and subsequently in accordance with the scheme’s timing/phasing arrangements and shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CC4 of Burnley’s Local Plan (July 2018).

7.     The rating levels for any cumulative noise generated by external plant and equipment as part of the development shall not exceed the pre-existing background noise level (LA90) at the external façade of any noise sensitive premises, as determined by BS4142(2014) or any subsequent replacement national standards. Alternative levels and monitoring locations may be used subject to the prior agreement of the Local Planning Authority.

Reason: In order to safeguard the amenities of neighbouring properties from unacceptable levels of noise and disturbance in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

8.     No equipment for the reproduction of music or other sound, or any equipment creating internally generated noise, shall be installed or operated on the premises until a scheme to insulate the development in order to secure the reduction in the level of noise emanating from the building has been submitted to and approved inwriting by the Local Planning Authority. The equipment shall not be installed or operated until the approved insulation measures have been implemented and thereafter permanently retained.

Reason: In order to safeguard the amenities of neighbouring properties from unacceptable levels of noise and disturbance in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

9.     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.