Agenda item

Proposed industrial extension to current food storage facility

Decision: That planning permission be granted 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; Drawing nos. ESD0112_2DT, AH113_02 rev A, AH113_03 rev A all received 21st March 2018; additional plan AH113_04 rev A received 19th April 2018, amended plan AH113_01 rev B received 18th June 2018, and additional Vehicle Tracking Plan 001 Rev. A received 26^th June 2018.

3.         Notwithstanding any indication on the submitted application form, the approved extension and approved new industrial building shall be used for Class B8 (storage and distribution use) of the Town and Country Planning (Use Classes) Order 1987 only and notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015 (or any provisions equivalent to that Class or any statutory instrument revoking and re-enacting that Order with or without modification) shall not be used for any other Class B use.

4.         Prior to any development being commenced there shall be submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development, as well as details of new planting along the southern edge of the site, providing details of species, planting numbers, heights on planting, cultivation, staking and maintenance.

5.         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 part of the approved development or its completion, whichever is the sooner; and any trees or plants which within a period of five 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.

6.         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.

7.         There shall be no external lighting on any part of the development unless details of a scheme of lighting have been first submitted to and approved in writing by the Local Planning Authority. Only external lighting approved by the scheme shall thereafter be installed at the site.

8.         The external materials of construction to be used on the walls and roof of the approved extension and new warehouse building shall be as described on the approved plans unless any variation to this is otherwise first approved in writing by the Local Planning Authority.

9.         The development shall not begin until:

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.       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.

11.       A scheme for the layout of the car parking spaces and manoeuvring areas shall be submitted to the local planning authority for approval and the areas marked out in marked out in accordance with the approved plan, before the use of the premises hereby permitted becomes operative.

12.       The layout of the development shall include provisions to enable vehicles to enter and leave the highway in forward gear and such provisions shall be laid out in accordance with the approved plan and the vehicular turning space shall be laid out and be available for use before the development is brought into use and maintained thereafter.

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 clarity as the application form incorrectly refers to the existing building at Enterprise House as Class B2 (general industrial) use and the proposal provides insufficient car parking for other Class B uses and to safeguard highway safety, in accordance with Policies GP1 and TM15 of the Burnley Local Plan, Second Review (2006).

4.         To provide some degree of softening to the edge of the site, in accordance with Policy EW5 of the Burnley Local Pan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.

5.         To ensure the satisfactory implementation of the approved landscaping scheme and the achievement of its objective, in accordance with Policy EW5 of the Burnley Local Pan, Second Review (2006).

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

7.         To avoid excessive lighting adjoining a rural area, in accordance with Policies GP1 and GP2 of the Burnley Local Plan, Second Review (2006).

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

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

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

12.       Vehicles reversing to and from the highway are a hazard to other road users.