Agenda item

Variation of condition 2 of planning permission APP/2016/0528 to enable insertion of internal floors within the approved building.

Full Planning Application - APP/2018/0060 Variation of condition 2 of planning permission APP/2016/0528 to enable insertion of internal floors within the approved building

BOOHOO.COM, WIDOW HILL ROAD, BURNLEY

 

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

 

Conditions:

 

1.        The permission shall relate to the development as shown on plan drawing numbers: A0701-P1, A0702-P1, A0703-P1, B0101, B0103, B0110, B0150, B0230, B0501 (x2), B0601-P1, B0602, B0603, L0001-P1, L0101-P1, L0601 and S0001 received 30^th November 2016, L0401-T5 received 1^st February 2017, proposed automation layout plan drawing numbers 586930/601 – 06, 586930/602 – 06, 586930/603 - 03, 586930/604 - 02, 586930/605 - 03 and 586930/606 – 03 received 7^th February 2018, and 070817/001/SJT Rev.A received 25^th April 2018.

 

2.        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.

 

3.        The approved Construction Method Statement received on the 4^th of April 2017 shall be adhered to throughout the construction period.

 

4.         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.

 

5.         No demolition or construction work shall take place outside the hours of 8am to 6pm Monday to Friday, 8am to 4pm on Saturday and not at any time on Sundays and Bank Holidays, including all works and ancillary operations in connection with the construction of the development, and the use of any equipment or deliveries to the site.  Where permission is sought for works to be carried on outside the hours stated, applications in writing must be made with at least seven days’ notice to the Local Planning Authority.  Where practicable, operations which create the most noise shall only occur between the hours of 08.30 and 17.30 Monday to Friday.

 

6.         The cycling and motorbike facilities as set out on plan drawing 17.113-025 Rev. A received on the 25^th September 2017 shall be provided before the use of the premises hereby permitted becomes operative.

 

7.         The car park and manoeuvring areas as set out on plan drawing numbers 17.113-025 Rev. A received on the 25^th September 2017 and 17.113-026 received on the 31^st August 2017 shall be marked out and made available in accordance with the approved plans before the use of the premises hereby permitted becomes operative.

 

8.         The approved Business Travel Plan V2 (dated 28/03/2018 – VN70952) produced by BooHoo.com and Vectos, has been subject to agreement with the planning authority in consultation with the highway authority, and shall be implemented within the timescale set out in the approved plan and will be audited and updated at intervals not greater than 12 months to ensure that the approved Plan is carried out.

 

9.         A minimum of eight, three-pin 13-amp electrical sockets in suitable positions to enable the recharging of an electric vehicle using a 3m length cable, as set out on plan drawing 17.113-025 Rev. A received on the 25th September 2017, shall be installed prior to the occupation of the development, and thereafter retained permanently for the accommodation of vehicles of occupiers and visitors to the premises and not used for any other purpose.

 

10.      Foul and surface water shall be drained on separate systems.

 

11.      All hard and soft landscape works shall be carried out in accordance with the approved details set out on plan reference numbers AFE-10747-01-01, AFE-10747-01-01-A, AFE-10747-01-01, 17.113-027 Rev. A and 070817/001/SJT, the additional information contained within a letter from Nuture Landscapes Ltd and document Q372BAR-BOOHOO PH”, received 31^st August 2017, and plan reference number 070817/001/SJT Rev.A.  The works shall be carried out prior to the first use of any part of the development or in accordance with a programme approved in writing by the local planning authority.

 

12.      The mitigation and recommendations detailed in the submitted Ecological Assessment (TEP, August 2016) and plan reference number 070817/001/SJT Rev. A (from Nurture Landscapes Design and Build) shall be incorporated within the detailed on-site landscaping proposals (as agreed under condition 11), and thereafter carried out in full prior to the first occupation of the development or in accordance with an approved timetable.

 

13.      The external lighting for this site shall be installed in accordance with the approved scheme and programme outlined on plan drawing entitled “BooHoo Phase 2 for WHG Rev. 3, and brochures from Holophane,” received on the 31^st of August 2017.

 

14.      The development hereby permitted shall not, at any time, be subdivided into a larger number of units.

 

15.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions, alterations and/or extensions (internal or external and including further installations of mezzanine floors) to any building forming part of the development hereby permitted without express planning permission first being obtained.

 

16.      The development hereby approved shall only be used for a use that falls within a mixed Class B1 (a, b or c) / B8 Use Class of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order with or without modification, and for no other purpose.

 

17.      Within 12 months of the date of this decision a scheme for the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority. [This refers to the introduction of bus boxes on Widow Hill Road].

 

18.      The approved scheme referred to in Condition 17 shall be implemented and completed in accordance those approved details within 12 months of the scheme being agreed with the LPA.

 

19.      Prior to their erection on site, full details of the proposed solar panel array to the roof of the building hereby approved shall be submitted to the Local Planning Authority for approval in writing.

 

Reasons:

 

1.        For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted plans.

 

2.        To secure a satisfactory development in materials which are appropriate to the locality, and to enable any necessary flexibility in the choice of materials, in the interests of visual amenity and in accordance with Policy GP1, GP3, EW4 and EW5 of the Burnley Local Plan Second Review.

 

3.        In the interests of protecting the amenity of neighbouring businesses from noise and disturbance, and in order to ensure the construction phase has no significant impact upon highway safety at this location, in accordance with Policy GP1, EW4 and EW5 of the Burnley Local Plan Second Review, and that this Statement was previously agreed under APP/2017/0171.

 

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

 

5.        In the interests of protecting the amenity of neighbouring businesses from noise and disturbance, and in order to ensure the construction phase has no significant impact upon highway safety at this location, in accordance with Policy GP1, GP3, EW4 and EW5 of the Burnley Local Plan Second Review.

 

6.        To allow for the effective use of the parking areas and that this scheme was previously agreed under APP/2017/0430.

 

7.        To allow for the effective use of the parking areas and that this scheme was previously agreed under APP/2017/0430.

 

8.        To promote and provide access to sustainable transport options as it includes details of an assisted cycle purchase / loan scheme and the provision and running of an employee service bus travelling to and from the site (Exact details and service provided).

 

9.        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 and that this scheme was previously agreed under APP/2017/0430.

 

         NOTE: Any socket provided must comply with BS1363, or an equivalent standard, Building Regulations, and be suitable for charging electric vehicles.  The socket should be suitable for outdoor use and have an internal switch within an adjacent building to enable the socket to be turned off.

 

10.      To secure proper drainage and to manage the risk of flooding and pollution.

 

11.      In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings, and in order to ensure that the landscaping works proposed are carried out in full.  In accordance with Policies E4, E5 and GP3 of the Burnley Local Plan, and that this scheme was previously agreed under APP/2017/0430.

 

12.      To ensure there is appropriate mitigation against the loss of existing biodiversity and nature habitats and in order to provide a net gain in biodiversity in accordance with the NPPF.

 

13.      To ensure that the visual impact and impact on the amenity of the wider area is acceptable and that the scheme is appropriate in terms of its close proximity to other nearby wildlife habits and buildings.  Also in the interests of highway safety, and to safeguard the amenity of adjacent buildings.  To conform to Policy GP7 of the Burnley Local Plan, Second Review.

 

14.      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 additional units on the site.

 

15.      In the interests of the amenity of the area and highway safety, and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or internal/external alterations.

 

16.      To enable the local planning authority to consider any future change having regard to policy EW4 and GP3 of the Burnley Local Plan, Second Review and any other material considerations.

 

17.      In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site.

 

18.      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.

 

19.      In accordance with Local Plan policy GP8 and to secure a satisfactory development which is appropriate to the locality in the interests of visual amenity.