Agenda item

Proposed erection of 10.no bungalows and associated landscaping and parking.

Full Planning Application – Proposed erection of 10 no. bungalows and associated landscaping  and parking

ROYAL COURT, TENNYSON STREET, BRIERCLIFFE, BURNLEY

 

Decision: The Committee was minded to approve the application but the Head of Housing and Development Control be delegated to determine the application following the completion of further discussions between the Applicant and the Lead Local Flood Authority in respect of drainage conditions, and subject to the following conditions.

 

Conditions:

 

1.      The development must be begun within three years of the date of this decision.

 

2.      The development hereby permitted shall be carried out in accordance with the following approved plans: 2491 – 01A, 2491 – 02A, 2491 – 03H, 2491 – 04H, 2491 – 05D, 2491 – 06D, 2491 – 07E, 2491 – 08A, 2491 – 09A, 2491 – 10A, 2491 – 11A, 2491 – 12 and 2491 – 13G.

 

3.      The materials used in the development shall be in accordance with those specified within the approved scheme, to the satisfaction of the local planning authority, unless otherwise agreed in writing with the Local Planning Authority.

 

4.      No works to trees or shrubs shall occur between the 1st March and 31st August in any year unless a detailed bird nest survey by a suitably experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present which has been agreed in writing by the LPA.

 

5.      Prior to any earthworks being carried out, a method statement detailing eradication and/or control and/or avoidance measures for wall cotoneaster and monbretia should be supplied to and agreed in writing to the LPA.  The agreed method statement shall be adhered to and implemented in full unless otherwise agreed in writing by the LPA.

 

6.      The approved final landscape plan, as outlined on plan drawing number 2491 05D shall be implemented in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme approved in writing by the local planning authority.

 

7.      The approved 5 Year Landscape Maintenance Plan, as outlined on plan drawing number 2491 06D, shall be carried out as approved.

 

8.      The development shall be carried out in accordance with the approved levels details as outlined on plan reference number 2491 04H.

 

9.      The new estate road/access between the site and Tennyson Street / Jubilee Street shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any built development takes place within the site.

 

10.   No part of the development hereby approved shall be occupied or opened for trading until the site access onto Tennyson Street / Jubilee Street has been constructed and completed in accordance with the approved plans (see condition 2).

 

11.   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.

 

12.   No development shall take place until a construction method statement accompanied by an appropriate scaled plan has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. It shall provide for:

a.    The parking of vehicles of site operatives and visitors

b.    The loading and unloading of plant and materials

c.    The storage of plant and materials used in constructing the development

d.    Details of a scheme specifying the provisions to be made to control noise and dust emanating from the site during construction works

e.    The erection and maintenance of security hoarding

f.     HGV delivery times and routeing to / from the site

g.    Contact details for the site manager

 

13.   No deliveries or construction works, other than internal works not audible outside the site boundary, shall take place on the site other than between the hours of 0800 to 1800 on Monday to Friday and 0800 to 1400 on Saturday and not at all on Sundays, Public or Bank Holidays without the prior written permission of the Local Planning Authority. 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.

 

14.   No combustion of any materials likely to result in smoke or other nuisance by atmospheric pollution shall take place on the site.

 

15.   Electric vehicle charging points within the development will be encouraged.  Within the curtilage of properties with on-site parking areas, there shall installed of a minimum of one, three-pin 13-amp electrical sockets in a suitable position to enable the recharging of an electric vehicle using a 3m length cable.

 

16.   The approved fences and railings hereby approved, as per drawing no. 2491-04H, shall be erected and maintained on site prior to the first occupation of any dwellings, and shall thereafter be retained at the height specified in perpetuity.  Any replacement fence shall be at the height and design as specified in the Key on the above drawing number.

 

17.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Schedule 2, Part 1, Classes A-F shall take place on the dwelling house(s) hereby approved or within their curtilage.

 

18.   Before the development hereby permitted is first occupied the window(s) in the southern facing elevation(s) of Plots 5 and 6 shall be glazed with obscure glass and fixed with a ventilation stay restricting the opening of the window, the details of which shall be agreed in writing with the LPA prior to their insertion.  The windows shall be permanently maintained with obscure glazing at all times thereafter.

 

19.   No development shall commence until details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority.

Those details shall include, as a minimum:

a) Information about the lifetime of the development, design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change see EA advice Flood risk assessments: climate change allowances’), discharge rates and volumes (both pre and post development), temporary storage facilities, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters and details of floor levels in AOD;

b) The drainage strategy should demonstrate that the surface water run-off must not exceed the pre-development runoff rate which has been calculated at 7 litres per second. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

c) Any works required on/off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing drains where relevant);

d) Flood water exceedance routes, both on and off site;

e) A timetable for implementation, including phasing as applicable;

f) Details of water quality controls, where applicable.

g) Evidence of agreement with United Utilities for point of discharge of surface water drainage system.

The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.

 

20.   No development hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details.  The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

 

21.   No development shall commence until details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development have been submitted which, as a minimum, shall include:

a) The arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents’ Management Company

b) Arrangements concerning appropriate funding mechanisms for its on-going maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as:

i. on-going inspections relating to performance and asset condition assessments

ii. operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime;

c) Means of access for maintenance and easements where applicable.

The plan shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved details.

 

22.   Remediation work shall be carried out in accordance with the approved remediation scheme and programme as submitted with the application, namely E3P Report: 11-272-r3 (issued November 2017). Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local planning authority subsequent to its discovery.  Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

 

Reasons:

 

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

 

3.      In the interests of visual amenity and the character and appearance of the area.

 

4.      In order to satisfy the requirements of the NPPF, the Wildlife and Countryside Act 1981, the Natural Environment and Rural Communities Act 2006, and The Conservation of Habitats and Species Regulations 2010.

 

5.      To ensure proper management of plant species otherwise harmful to the built environment.

 

6.      To ensure that the proposed scheme contributes to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in full and in order to provide suitable mitigation for bird breeding habitats.  In accordance with Policies GP3, E3 and E6 of the Burnley Local Plan, Second Review.

 

7.      To ensure the long term landscape management of the site, in accordance with policy GP6 of the Burnley Local Plan, Second Review.

 

8.      In the interests of ensuring the amenity of the occupiers of the adjacent properties is protected and in the interests of visual amenity.

 

9.      To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative.

 

10.   In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

 

11.   To prevent stones and mud being carried onto the public highway to the detriment of road safety.

 

12.   To ensure that the proposed construction work does not cause undue nuisance and disturbance to neighbouring properties at unreasonable hours.

 

13.   To ensure that the proposed construction work does not cause undue nuisance and disturbance to neighbouring properties at unreasonable hours.

 

14.   In order to not significantly pollute the environment.

 

15.   To encourage the use of electric vehicles in order to reduce emissions and protect the local air quality in accordance with paragraph 35 of the National Planning Policy Framework and the Burnley Green Infrastructure Strategy 2013-2031.

 

16.   In the interests of visual amenity and the character and appearance of the area, and to ensure that the amenity of existing occupiers and the amenity of the occupiers of adjacent dwellings is protected to the satisfaction of the Local Planning Authority.

 

17.   In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions, enlargements or any other development within the curtilages.

 

18.   In the interests of residential amenity and privacy.

 

19.   To ensure that the proposed development can be adequately drained, and to ensure that there is no flood risk on or off the site resulting from the proposed development.

 

20.   To ensure that the drainage for the proposed development can be adequately maintained.  To ensure that there is no flood risk on- or off-the site resulting from the proposed development or resulting from inadequate the maintenance of the sustainable drainage system.

 

21.   To ensure that appropriate and sufficient funding and maintenance mechanisms are put in place for the lifetime of the development, to reduce the flood risk to the development as a result of inadequate maintenance, and to identify the responsible organisation/body/company/undertaker for the sustainable drainage system.

 

22.   To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecology systems, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with Policy GP7 of the Burnley Local Plan Second Review.