Agenda item

·         Change of use of theatre entrance to café and bar, rebuild front elevation to form new shop front with iron gates, install extractor flue and partial mezzanine floor to use as office

·         Listed Building Consent  - partial demolition of front elevation and from new shop front with iron gates, install extractor flue, partial mezzanine floor and internal alterations

Full Planning Application – APP/2017/0386

Change of use of theatre entrance to café and bar (class A3/A4), rebuild front elevation to form new shop front with iron gates, install extractor flue, partial mezzanine floor to use as office

118 ST JAMESS STREET, BURNLEY

Decision: That planning permission be granted subject to the following conditions:

Conditions:

1.            The development hereby permitted shall be carried out in accordance with the following approved plans:  (STJ) (20)-L-03RevA and STJ 22 P 02RevC, received on 8 January 2018.

2.            The proposed works to the premises as shown on drawing numbers:  (STJ) (20)-L-03RevA and STJ 22 P 02RevC, received on 8 January 2018, shall be carried out and completed within 12 months of the date of this permission to the satisfaction of the Local Planning Authority.

3.            The use of the premises as a bar/cafe (Classes A3/A4) shall cease on or before ten years from the date of the completed external and internal works proposed as part of this permission (Condition 2).  The developer shall notify the Local Planning Authority of the completed dates for monitoring purposes.

4.            Prior to further works being carried out to the interior of the unit, a building recording consisting of a photographic survey of the interior of the unit shall be carried out and a copy submitted to the Local Planning Authority.

5.            No later than the expiry of ten years from the date of the completed internal and external works noted under Condition 2, the following re-instatement works shall be carried and completed:  the removal of the partition walls between the rear of the unit and the bridge link area of the adjoining building and the re-opening of the passageway between the unit and the remaining theatre building.

6.            The bar/cafe shall not be first brought into use until refuse and recycling storage facilities have been provided in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority.  The approved refuse and recycling facilities shall thereafter be retained for the duration of the use of the premises as a bar/cafe.

7.            No speakers, amplifiers or other sound/music equipment shall be fixed to any part of the exterior of the building.

Reasons:

1.            To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

2.            In order to visually improve the street scene and safeguard the main public entrance to the former Empire Theatre in a timely manner, which may be necessary for the future viability of this Grade II listed theatre, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2006) and Policies HE1 and HE2 of Burnley's Local Plan, Submission Document (July 2017).

3.            A temporary permission of ten years (and no longer) is appropriate and necessary in this instance in order to provide the applicant an appropriate and financially viable opportunity to utilise 118 St James Street whilst at the same time safeguarding the main public entrance to the former Empire Theatre which may be necessary for the future viability of this Grade II listed theatre, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2006) and Policies HE1 and HE2 of Burnley's Local Plan, Submission Document (July 2017).

4.            To reveal any internal historic features which should be protected and retained in the development, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2005) and Policy HE2 of Burnley's Local Plan, Submission Document (July 2017).

5.            To safeguard the main public entrance to the former Empire theatre which may be necessary for the future viability of this Grade II listed theatre, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2006) and Policies HE1 and HE2 of Burnley's Local Plan, Submission Document (July 2017).

6.            To ensure convenient storage for refuse and recycling, in the interests of public amenity and to safeguard the appearance of the Town Centre Conservation Area, in accordance with Policy E12 of the Burnley Local Plan, Second Review (2005) and Policy HE2 of Burnley's Local Plan, Submission Document (July 2017).

7.            To prevent excessive noise and disturbance in the town centre, in accordance with Policies GP1 and GP3 of the Burnley Local Plan, Second Review (2006).

Listed building consent – APP/2017/0387

Partial demolition of front elevation and form new shop front with iron gates, install extractor flue, partial mezzanine floor and internal alterations

Decision: That Listed Building Consent be granted subject to the following conditions:

Conditions:

 1.           The development hereby permitted shall be carried out in accordance with the following approved plans:  (STJ) (20)-L-03RevA and STJ 22 P 02RevC, received on 8 January 2018.

2.            The proposed works to the premises as shown on drawing numbers: (STJ) (20)-L-03RevA and STJ 22 P 02RevC, received on 8 January 2018, shall be carried out and completed within 12 months of the date of this permission to the satisfaction of the Local Planning Authority.

3.            Prior to further works being carried out to the interior of the unit, a building recording consisting of a photographic survey of the interior of the unit shall be carried out and a copy submitted to the Local Planning Authority.

4.            No later than the expiry of ten years from the date of the completed internal and external works noted under Condition 2, the following re-instatement works shall be carried and completed:  the removal of the partition walls between the rear of the unit and the bridge link area of the adjoining building and the re-opening of the passageway between the unit and the remaining theatre building.

Reasons:

1.            To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

2.            In order to visually improve the street scene and safeguard the main public entrance to the former Empire Theatre in a timely manner, which may be necessary for the future viability of this Grade II listed theatre, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2006) and Policies HE1 and HE2 of Burnley's Local Plan, Submission Document (July 2017).

3.            To reveal any internal historic features which should be protected and retained in the development, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2005) and Policy HE2 of Burnley's Local Plan, Submission Document (July 2017).

4.            To safeguard the main public entrance to the former Empire theatre which may be necessary for the future viability of this Grade II listed theatre, in accordance with Policy E10 of the Burnley Local Plan, Second Review (2006) and Policies HE1 and HE2 of Burnley's Local Plan, Submission Document (July 2017).