Agenda item

Amended scheme for small scale gas fired energy reserve facility and ancillary infrastructure (vary conditions 2, 3, 5, 6, 7, 10, 11, 12, 13, and 14 of planning permission APP/2016/0357) (material minor amendment)

Full Planning Application – APP/2017/0602 Amended scheme for small scale gas fired energy reserve facility and ancillary infrastructure (vary conditions 2,3,4,5,6,10,11,12,13 & 14 of planning permission APP/2016/0357) (material minor amendment)

LAND OFF BANCROFT ROAD, BURNLEY

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

Conditions

1.      The development must be begun by no later than 20 October 2019.

2.      The development hereby permitted shall be carried out in accordance with the following approved plans:  9655-0003-01 (1:1250 location plan), received on 28 September 2016; 008b_STOR_Bancroft_LAY (1:500 Site Layout), 001c_STOR_Bancroft_ELEV (1:500 Site Elevations - Internal) and 301RevA (Landscape Proposals), received on 20 December 2017; 001b_STOR_Bancroft_ELEV (1:500 Site Elevations - External), received on 2 January 2018; 009b_STOR_Bancroft_LAY (1:200 site layout), 002c_STOR_Bancroft_ELEV (1:200 Site Elevations - Internal), 001_STOR_Bancroft_Rad (1:100 Heat Dump Radiators), 001_STOR142DNO (Substation Plan and Elevations), 001a_STOR150OST/001/Issue no. 001 (Clean Oil Storage Tank), 001b_STOR150OST/001/Issue no. 1) and EGSF120B (Kiosk) received on 23 January 2018.

3.      The steel cladding to be used on the walls and roof of the main engine hall shall be Merlin Grey (BS18B25) and Juniper Green (BS12B29) shall be used on the sub-station and ancillary buildings unless any alternative colour treatment is otherwise submitted to and approved in writing by the Local Planning Authority.

4.      No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: 

         i)  the parking of vehicles of site operatives and visitors 

         ii)  loading and unloading of plant and materials 

         iii) storage of plant and materials used in constructing the development 

         iv)  the erection and maintenance of security hoarding including decorative displays

         v)  measures to control the emission of dust and dirt during construction 

         vi) wheel washing facilities

         vii)  a scheme for recycling/disposing of waste resulting from demolition and construction works    

         viii)  details of working hours.

5.      The construction of the site shall be carried out with drilled piles only and not driven or impact piling, in a manner which minimises the risk of vibration.

6.      Prior to any development being commenced, including any ground clearance works, protective fencing and precautionary measures to safeguard trees and hedges as set out in the Arboricultural and Impact Assessment and Method Statement (carried out by RPS and dated 27 November 2017) submitted with this application shall be implemented in their entirety and shall be thereafter retained during building operations until the completion of the development.

7.      All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 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.

8.      The approved development shall not operate at a rate exceeding 2,500 hours in any 12 month period.  For this purpose, an up to date record of operating hours shall at all times be maintained by the operator and shall at any time be available for inspection or submission to the Local Planning Authority.

9.      Prior to any development being commenced, details of a scheme of external lighting shall be submitted to and first approved in writing by the Local Planning Authority. The submitted scheme shall demonstrate the avoidance of artificial lighting on wildlife, hedgerows and trees within the adjoining River Don-Brun Valley Biological Heritage Site.  The development shall thereafter only be carried out in accordance with the approved scheme and no additional external lighting shall at any time be installed without the prior written permission of the Local Planning Authority.

10.    The development shall not be carried out otherwise than in full accordance with the protective and mitigation measures contained with the 'Ecological Protection Method Statement' (prepared by RPS, dated December 2017) and this shall be adhered to at all times during the construction of the development.

11.    The mitigation measures contained within the Noise Assessment (prepared by RPS, reference no. JAT9549-150-REPT-01-R0, dated 20 December 2017) shall be carried out, completed and confirmed in a report to be submitted to the Local Planning Authority, prior to the development being first brought into use.  The approved mitigation measures shall thereafter be retained and adhered to at all times.

12.    The approved development shall not be operated otherwise than in compliance with the maximum emission levels contained with the Air Quality Assessment (prepared by RPS, reference JAP10099Rev2, dated 19 December 2017).  A copy of the operational limits and maintenance schedule of the approved gas fired energy reserve facility shall be submitted to the Local Planning Authority within 28 days of its complete installation.

13.    In accordance with the 'Ground Investigation Factual and Interpretative Report' (prepared by RPS, reference JER6979, dated November 2017) submitted with this application, a further capping layer shall be laid in areas without hardstanding and gas protection measures shall be installed using suitable membranes or other barriers to achieve the targets set out in this statement.  Following the completion of the aforementioned measures and prior to the approved development being first brought into use, a verification report of all the remediation measures that have been carried out shall be submitted to and approved in writing by the Local Planning Authority.

14.    The development shall be carried out in accordance with the boundary treatment details as indicated on the approved plans and on the details of Euroguard Regular fencing on JSW 91 Issue 01 submitted with this application.  The approved fencing shall be pre-coated in a dark green colour prior to its installation and shall be retained thereafter and maintained in the same or similar colour at all times.

15.    Prior to any part of the development becoming operational, a scheme shall be submitted to and approved in writing by the Local Planning Authority for the handling, assessment, mitigation and monitoring of any complaints that are made in relation to noise from the approved development to Burnley Borough Council during the operational life of the approved development.  The approved scheme shall be implemented in full and shall be complied with at all times.

Reasons:

1.      To comply with the date imposed on the original permission as 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.      To ensure a satisfactory appearance to the development, in accordance with Policy GP3 of the Burnley Local Plan, Second Review (2006).

4.      To ensure that the safety and amenities of other businesses and employees in the vicinity of the construction works are satisfactorily protected, in accordance with Policy GP1 of the Burnley Local Plan, Second Review (2006).

5.      To minimise the risk of vibration to the adjoining occupiers where there may be a risk to precision machinery, in order to protect existing businesses at an employment site, in accordance with Policy EW5 of the Burnley Local Plan, Second Review (2006) and Policy EMP2 of Burnley's Local Plan, Submission Document (July 2017).

6.      To ensure adequate protection for the long term health of woodland trees/hedges which should be retained in the interests of the visual amenities and biodiversity of the site and its surroundings, in accordance with Policies E2, E3 and E6 of the Burnley Local Plan, Second Review (2006).

7.      In order that the landscaping works contribute to a satisfactory standard of completed development and its long term appearance harmonises with its surroundings and enhances biodiversity, in accordance with Policies GP3, E2 and EW5 of the Burnley Local Plan, Second Review (2006).

8.      To limit the emissions of nitrogen dioxide to acceptable levels, in order to maintain adequate air quality to protect the local area, in accordance with the National Planning Policy Framework.

9.      To safeguard birds, bats and other wildlife that would be adversely affected by excessive lighting, in accordance with Policies E2, E3 and E5 of the Burnley Local Plan, Second Review (2006).  The details are required prior to the commencement of development to ensure that the measures identified in the scheme can be properly carried out at the appropriate stage of construction.

10.    To provide adequate protection measures for wildlife that is known to be present within the adjoining River Don-Brun Valley Biological Heritage Site or close to the site, in accordance with Policies E2, E3 and E5 of the Burnley Local Plan, Second Review (2006).

11.    To safeguard the residential and local amenities of the area, in accordance with Policy GP1 of the Burnley Local Plan, Second Review (2006).

12.    To ensure the emission of pollutants does not exceed acceptable levels and to enable the Local Planning Authority to check the operating and maintenance schedules if it becomes necessary to do so, in order to safeguard against pollution in the local area, in accordance with the National Planning Policy Framework.

13.    To ensure the site is made suitable for the construction of the development, in accordance with GP7 of the Burnley Local Plan, Second Review (2006) and the National Planning Policy Framework.

14.    To ensure a satisfactory appearance to the development, in accordance with Policy GP3 of the Burnley Local Plan, Second Review (2006).

15.    To provide a mechanism for dealing with any complaints relating to noise that may arise as a result of the development, in order to adequately protect the amenities of occupiers within the local area, in accordance with Policy GP1 of the Burnley Local Plan, Second Review (2006).