Agenda item

Proposed demolition of existing building (former Gannow Baths) and erection of 5no 2 storey dwellings fronting onto Sycamore Avenue together with 3 storey 12no residential apartments with ground floor parking to the rear of site; complete new site access road, parking and landscape area (Revised proposal)

Full Planning application

Proposed demolition of existing building and erection of 5no 2 storey dwellings fronting onto Sycamore Avenue together with 3 storey 12no residential apartments with ground floor parking to the rear of site; complete new site access road, parking and landscape area.

FORMER LIFE CHURCH SYCAMORE AVENUE  BURNLEY

 

Decision:      That the Head of Housing and Development Control be delegated to grant planning permission for the development subject to there being no adverse comments on ecology or from the Lead Local Flood Authority, and subject to the applicant agreeing to provide an Education Contribution (or demonstrating conclusively that provision of such contribution would make the proposed development financially unviable), and the following conditions and any further conditions arising from the negotiations.

 

Conditions:

 

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

 

2.         The development shall be carried out in accordance with the application drawings, namely: Drawings No:016, 021,015, 025, 026, A6121-LIB-B3-A1 20-Z3-02-P2-001 rev P1, A1621-LIB-B3-A1 20-Z3-00-P2-001 reP1, A1621-LIB-B3A1 20-Z3-ZZE2-001 rev P1, A1621-LIB-B3-A1 20-Z3-01P2-001 rev P1, A1621-LIB-S1-A1 00-ZS-ZZ-E2-001 rev P1, A1621-LIB-S1-A1 00-ZZ-ZZ-P2-001 rev P1, A1621-LIBS1-A1 01-Zs-00-P2-001 Rev P2, A1621-LIB-S1-A1 01-ZS-ZZ-E2-001 rev P1, A1621-LIB-S1-A1 01-Zs-ZZ-S1-001 rev P1, A1621-LIb-B1-A1 20-Z1-02-P2-001 rev P1, A1621-LIB-B1-A1 20-Z1-01-P2-001 rev P1,A1612-LIB-B1-A1 20-Z1-03-P2-001 rev P1, A1621-LIB-B1-A1 20-Z1-ZZ-E2-001 rev P1, A1621-LIB-B1-A1 20-Z1-00-P2 001 revP1, A1621-LIB-B1-A1 20-Z1-ZZ-E2-002 rev P1, A1621-LIB-B2-A1 20 Z2-00-P2-001 rev P1, A1621-LIbB2-A1 20-Z2-01-P2-001 rev P1,A1621-LIB-B2-A1 20-Z2-02-P2-001 rev P1, A621-LIB-B2-A1 20-Z2-ZZ-E2-001 rev P1, and location plan, received 30 April 18

 

3.         The existing access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads concurrent with the formation of the new access.

 

4.         No part of the development hereby approved shall commence until a scheme for the construction of the site access has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority.

 

5.         No part of the development hereby approved shall be occupied or opened for trading until the approved scheme referred to in Condition 4 has been constructed and completed in accordance with the scheme details.

 

6.         Prior to work commencing on site a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of how deliveries during construction will be managed and where workers on the site will park during construction; normal hours of site working; how dust and pollutants will be minimised; and facilities available on site for the cleaning of the wheels of vehicles leaving the site and equipment to 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.

 

 

7.         The new estate access between the site and Sycamore Avenue shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development takes place within the site.

 

8.         Facilities to encourage the use of cycles as a means of alternative transport shall be provided in accordance with a scheme that shall be submitted to and approved in writing  by the Local Planning Authority and the facilities shall be provided as approved before the residential use commences.

 

9.         The development shall not begin until the investigation

 

a. A strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority;

 

b. An investigation has been carried out in accordance with the approved strategy;

 

c. A written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority.

 

Remediation work shall be carried out in accordance with the approved remediation scheme and programme. 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.

 

10.       No development shall start until an investigation and report which demonstrates that the development can be safely undertaken and occupied has been submitted to the Local Planning Authority. The report shall be prepared by a competent consultant, experienced and specialising in the assessment and evaluation of Landfill Gas migration.

The investigation report shall:

a.         describe the methodology, techniques and equipment and circumstances of the survey and set out final conclusions and recommendations to the results and findings of tests and investigations

b.         advise on any remedial measures which demonstrate that the development can be safely undertaken and occupied.

 

11        If remediation measures are recommended as a result of the investigations required by Condition * above, these measures shall be incorporated into the development, before any buildings are occupied.

 

12        Full details of the method of illumination of the external areas of the site shall be submitted to and approved in writing by the Local Planning Authority before development is occupied and the lighting shall only be implemented wholly in accordance with the approved details.

 

13        Samples of the external materials of construction shall be submitted to and approved in writing by the Local Planning Authority before their use in construction of the development.

 

14        Full details of the means of enclosure of the dwellings  shall be submitted to and approved in writing by the Local Planning Authority and the means of enclosure shall be provided, as approved, in relation to each dwelling before it is first occupied. The means of enclosure may include the retention of part of the side wall of the existing building to be demolished as indicated on drawing number A1621-LIB-S1-A1-01-ZZ-LL-P2-003, or otherwise. 

 

15        The proposed dwellings on plots 1 to 5 shall be sound insulated in accordance with the  details identified in the submitted email dated 25 May 2018 before the dwellings are first occupied.

 

16        A minimum of two dwellings shall (unless otherwise approved in writing by the Local Planning Authority) be provided as Affordable Housing in connection with the development, in accordance with Policy H5 of the Burnley Local Plan Second Review, before any of the houses are occupied.

 

Reasons:

 

1.         Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.         To ensure that the development remains in accordance with the development plan.

 

3.         To limit the number of access points to, and to maintain the proper construction of the highway.

 

4.         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.

 

5.         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.

 

6.         To prevent stones and mud being carried onto the public highway to the detriment of road safety; and, to minimise the impact of construction on existing residents in the vicinity of the site, and in the interests of the amenities of the area generally.

 

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

 

8.         To allow for the effective use of the parking areas

 

9.         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 unaccpetable risks to workers, neighbours and other off-site receptors, in accordance with Policy GP7 of the Burnley Local Plan Second Review.

 

10.       To ensure that the developer has demonstrated that the development can be undertaken and occupied in a safe and secure manner given the proximity of the development to a landfill site which is known to be producing landfill gas, in accordance with policy E35 of the Burnley Local Plan, Second Review.

 

11.       To ensure that  the development can be undertaken and occupied in a safe and secure manner given the proximity of the development to a landfill site which is known to be producing landfill gas, in accordance with policy E35 of the Burnley Local Plan, Second Review.

 

12.       In the interests of the amenities of the neighbouring residents in accordance with policy DC1 and DC2 of the Unitary Development Plan.

 

13.       To secure a satisfactory development in materials which are appropriate to the locality, in the interests of visual amenity and in accordance with policy GP3 of the Burnley Local Plan, Second Review.

 

14.       In the interests of residential amenity and the visual amenities of the area generally, in accordance with Policy H3 of the Burnley Local Plan Second Review, currently saved.

 

15.       In the interests of the amenities of the residents of those dwellings, in accordance with Policy H3 of the Burnley Local Plan Second Review, currently saved.

 

16.       To ensure provision of Affordable Housing in accordance with Policy H5 of the Burnley Local Plan Second Review, currently saved.