Agenda item

Town and Country Planning Act 1990

Change of use from C3 dwelling house to a residential training centre (Use Class C2).

The Rookery, Pasturegate, Burnley.

Decision:

That the application be approved subject to the following conditions.

Conditions and reasons:

1.    The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to 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 permitted shall be constructed in complete accordance with the specifications in the application and approved plans

Application forms

Existing Site Layout received 6^th July 2022

Proposed Site Layout received 6^th July 2022

Location Plan received 6^th July 2022

Planning statement received 6^th July 2022

Reason: To avoid doubt and to ensure an acceptable development as indicated on the submitted drawings.

3.    Before the access is used for vehicular purposes for the use hereby approved, 45° visibility splays shall be provided between the highway boundary and points on either side of the drive measured 5m back from the nearside edge of the carriageway.  Nothing shall be erected, retained, planted and/or allowed to grow at or above a height of 0.9 metres above the nearside carriageway level which would obstruct the visibility splay.

Reason: To permit vehicles to pull clear of the carriageway when entering the site and to assist visibility, in the interests of highway safety.

4.    Prior to the first use of the residential training centre (Use Class C2) hereby approved, a scheme for the collection and dispersal of cooking odours shall be submitted to and approved in writing by the local planning authority. The scheme shall include the technical specification and siting of any external ventilation ducting and/or plant. The kitchen extraction and ventilation system shall be designed to a standard such as the EMAQ guidance on the “Control of Odour and Noise from Commercial Kitchen Exhaust Systems”, or equivalent, for the type of food outlet proposed. The approved scheme shall be implemented in full prior to first use and thereafter maintained in good working order at all times.

Reason: To minimise the risk of adverse impact on surrounding properties in accordance with Policies NE5 and SP5 of the Burnley Local Plan and the provisions of the National Planning Policy Framework.

5.     Prior to the first occupation of the use hereby approved a scheme and programme shall be submitted which details the location of the roaster in the rear garden. The scheme and programme shall be strictly adhered to for the duration of the development. Roasting shall be restricted to the rear garden and a maximum of 1 roast per calendar month.

Reason: In the interests of residential amenity to prevent potential nuisance arising from the activities at the premises and to accord with policy SP5 (2g) of Burnley`s Local Plan.

6.     Prior to the commencement of the use hereby approved a scheme detailing the measures for dealing with waste materials from the use shall have been submitted to and approved by the Local Planning Authority.

The scheme shall include:

·       Proposed measures for the collection and disposal of waste from the cooking and outdoor roasting activities at the site including fats and oils.

·       Measures for the disposal of gas canisters.

·       Measures for the disposal of any other waste associated with the use.

·       Details of the location and type of bins within the site and arrangements for the collection of them

These measures shall be implemented on first commencement of the use and the use shall operate in strict accordance with the approved measures thereafter.

Reason: To ensure waste is appropriately managed in the interests of pollution prevention and residential amenity to accord with policies NE5 (1) and SP5 (2h&i) of Burnley’s Local Plan.