Agenda item

Demolish church buildings and public house and erect petrol filling station with shop and separate café with drive through and improved access from Barracks Road.

Full Planning Application

Demolish church buildings and public house and erect petrol filling station with shop and separate cafe with drive through and improved access from Barracks Road

LAND AT BARRACKS ROAD, BURNLEY

 

Decision: That the Head of Housing and Development Control be delegated to grant planning permission 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:  171161-PL-01(A), 171161-PL-07, 171161-PL-08, 171161-PL-09 and 171211TPP (Tree Protection Plan), received on 13 February 2018; and, CS095757-CAP-TPL-MAN-DR-TP-011RevP01, 171161-PL-03(E) and 171161-PL-04(D), received on 4 September 2018; 171161-PL-02(H) and 171161-PL-06(A), received on 18 September 2018; 3876/01RevE, received on 20 September 2018; and 171161-PL-05(D), received on 21 September 2018.

 

3.      Notwithstanding any indication on the approved plans, no development shall be commenced unless and until a scheme for the construction of the site access, internal layout of the site and off-site works of highway improvement has been submitted to and approved in writing by the Local Planning Authority.  The submitted scheme shall include all the recommendations contained within the Stage 1 Road Safety Audit Report (carried out by Capita, dated 28th August 2018) and provide for the means to facilitate a Traffic Regulation Order to restrict traffic movements on Lower Accrington Road.

 

4.      Neither the approved Petrol Filling Station/Shop or the approved Coffee Shop shall be first open for use until the approved scheme under condition 3 above has been constructed and completed in accordance with the scheme details.

 

5.      The retail shop hereby approved shall operate as a shop in association with and ancillary to the approved Petrol Filling Station only and shall not at any time function as an independent unit.

 

6.      The tree protection measures as indicated on drawing number 171211TPP (Tree Protection Plan) and contained within the Arboricultural Survey (carried out by Georgina Tearne, dated 11th December 2018) shall be carried out prior to any demolition, ground works or site clearance taking place and shall remain in situ and be adhered to at all times until the completion of the development.

 

7.      All planting, seeding or turfing comprised in the approved details of landscaping as indicated on drawing number 3876/01RevE shall be carried out in the first planting and seeding seasons following the first use of any of the development or the completion of the development, 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.

 

8.      The approved Petrol Filling Station shall not be first open for use until a minimum of two electric car charging points have been provided and are available for use.  The electric charging points shall thereafter be retained and remain available for use at all times during the Petrol Filling Station opening hours.

 

9.      Prior to the commencement of development, details of a surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented and completed prior to any part of the development being first brought into use. The approved drainage scheme shall thereafter be retained in perpetuity.

 

10.    No part of the development hereby approved shall be first open for business until details of a management and maintenance plan for the sustainable drainage system required by condition 10 which shall cover the lifetime of the development, has been submitted to and approved in writing by the Local Planning Authority.  The sustainable drainage system shall thereafter be managed and maintained in accordance with the approved details in perpetuity.

 

11.    The development shall be drained on separate surface water and foul water systems.

 

12.    The approved Petrol Filling Station and ancillary retail shop shall not be open for business apart from between 06:00 and 23:00 hours on any day.

 

13.    The approved coffee shop shall not be open for business apart from between 06:00 and 22:00 hours on any day.

 

14.    No development shall be commenced, including site clearance or demolition works between the period of 1st March and the following 31st July inclusive unless a detailed bird nest survey by a suitably qualified ecologist has been carried out immediately prior to clearance and written confirmation has been submitted to the Local Planning Authority to demonstrate that there are no active bird nests that are present and this has been agreed in writing by the Local Planning Authority.

 

15.    Prior to the commencement of development, details of boundary treatment and works to ensure the safety of the railway embankment shall be submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatment and safety measures shall be carried out and completed during the course of the development.  The approved boundary treatment shall be retained at all times.

 

16.    Prior to the commencement of the construction of the approved buildings, representative samples and details of external materials of construction to be used on the walls and roof of the development shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved materials.

 

17.    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;

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

         vi) wheel washing facilities;

         vii) details of working hour; and,

         viii) contact details for the site manager.

 

18.    During the construction phase of the development, no construction work or use of machinery or deliveries to the site shall take place on Sundays and Bank/Public Holidays or outside the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays.

 

19.    No later than three months prior to any part of the development being first open for business, details of the frequency and hours of deliveries and servicing, including details of how these will be managed, shall be submitted to and approved in writing by the Local Planning Authority.  Deliveries and servicing to the site shall thereafter only take place in accordance with the approved hours and details of management.

 

20.    No part of the development shall be first open for business until cycle parking has been constructed and is available for use in accordance with details indicated on the approved plans. The cycle parking shall thereafter be retained and remain available for use in perpetuity.

 

21.    The existing redundant vehicle access points into the site 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.

 

22.    Prior to the installation of any external lighting, a scheme for the provision of external lighting which shall include details of lighting levels outside of opening times, shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out, completed and operated at all times in accordance with the approved scheme.

 

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.      To ensure an adequate access and safety within the site and manage the traffic and highway safety impacts of the development, also having regard to the impact on air quality from increased traffic on Lower Accrington Road, in accordance with Policies !C1, IC2 and NE5 of Burnley's Local Plan (July 2018). The scheme is required prior to the commencement of development to ensure that th required works can be carried out at the appropriate stage of the development.

 

4.      To ensure an adequate access and safety within the site and manage the traffic and highway safety impacts of the development, also having regard to the impact on air quality from increased traffic on Lower Accrington Road, in accordance with Policies !C1, IC2 and NE5 of Burnley's Local Plan (July 2018).

 

5.      To ensure the satisfactory implementation of the proposal, having regard to the sequential test for locating retail development outside of town centres and the limitations of the site in respect of car parking, in accordance with Policies TC1, IC2 and IC3 of Burnley's Local Plan and the National Planning Policy Framework.

 

6.      To ensure adequate protection for the long term health of trees which should be retained in the interests of the visual amenities and the biodiversity of the site and its surroundings, in accordance with Policies NE1, NE4 and SP5 of Burnley's Local Plan (July 2018).

 

7.      In order that the landscaping works contribute to a satisfactory standard of completed development and its long term appearance harmonises with its surroundings, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

8.      To allow for the charging of electric cars, in the interests of sustainable travel, in accordance with the National Planning Policy Framework.

 

9       To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy CC4 of Burnley's Local Plan (July 2018).   The scheme is required prior to the commencement of development to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.

 

10.    To ensure that adequate and appropriate funding, responsibility and maintenance mechanisms are in place for the lifetime of the development, in order to ensure the appropriate drainage of the site and to reduce the risk of flooding, in accordance with  Policy CC4 of Burnley's Local Plan (July 2018).

 

11.    To ensure adequate drainage and reduce the risk of flooding and contamination of groundwaters, in accordance with Policy CC4 of Burnley's Local Plan (July 2018).

 

12.    To safeguard the occupiers of neighbouring properties from late night and early morning noise and disturbance, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

13.    To safeguard the occupiers of neighbouring properties from late night and early morning noise and disturbance, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

14.    To ensure adequate safeguards and protection for bird nests which are protected under the Wildlife and Countryside Act 1981 and in accordance with Policy NE1 of Burnley's Local Plan (July 2018).

 

15.    To ensure an appropriate edge to the boundaries of the site and to take into account the risks associated with the railway embankment, in accordance with SP5 of Burnley's Local Plan (July 2018).

 

16.    To ensure a satisfactory appearance to the development, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

17.    To ensure that the safety and amenities of pedestrians, drivers and residents in the vicinity of the development are satisfactorily protected, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).  The Construction Management Plan is required prior to the commencement of development to ensure that the measures contained therein can be carried out at the appropriate phases of the construction period.

 

18.    To protect the amenities of local residents, in accordance with Policy NE5 of Burnley's Local Plan (July 2018). 

 

19.    To ensure that deliveries and servicing has adequate regard to traffic, site safety and residential amenities, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

20.    To encourage the use of cycles as a sustainable means of travel, in accordance with Policy IC1 of Burnley's Local Plan (July 2018).

 

21.    To limit the number of access points to, and to maintain the proper construction of the highway, in accordance with Policy IC1 of Burnley's Local Plan (July 2018).

 

22.    To ensure appropriate and not excessive lighting, having regard to the amenity of the local area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).

 

In addition to the above conditions Members requested that a note be added to the permission requesting that the applicant consider installing further electric charging points adjacent to the coffee shop; and also that they consider the proximity and invasive nature of Japanese Knotweed on the nearby railway embankment.