Agenda item

Discharge of Condition 6 (materials); 7 (landscaping); 8 (tree protection); 10 (surface water drainage); 11 (contamination); 12 (affordable housing); 13 (public open space); and variation of Condition 14 (approved plans) on Planning Permission APP/2014/0151 as amended by APP/2018/0273

Minor Material Amendment to Planning permission APP/2014/0151 as amended by APP/2018/0273 in respect of variation of layout and house types (Condition 14 - approved plans); and Variation of Condition 6 (materials); 7 (landscaping); tree protection); 10 (surface water drainage); 11 (contamination); 12 affordable housing); 13 (public open space).

Phase 4 Station Road development Padiham Burnley

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

Conditions:

1.                The development hereby permitted shall be carried out in accordance with the following approved plans Planning site boundaries, drg.no. 1771-02 rev3; Phasing plan, drg.no. 1771-101 rev3; and Illustrative Masterplan, drg.no. 1771-103 rev 3; Materials Schedule; Tree Retention, Protection and Removals Plan received 25 Jul 18.

                   Street Elevations drg.no. 1771-104 rev3; Site Plan drg.no. 1771-105 rev5; Ground floor Site Layout, drg.no. 1771-106 rev 5; First floor site layout, drg.no.1771-107 rev5; Roof site plan drg.no. 1771-108 rev5; Landscape Plan, drg. no. 1771- 109 rev 5; House types drg nos 115, 116, 120, 121, 125 and 126 received 29 Aug 18.

                   Drainage Layout Plan SPB-AJP-XX-00-DR-C-1000 revP1 received 11 Sep18.

2.                Unless otherwise approved in writing by the local planning authority, all works and ancillary operations in connection with the construction of the development, including the use of any equipment or deliveries to the site shall be carried out only between 0800 hours and 1700 hours on Mondays to Fridays; between 0800 hours and 1300 hours on Saturdays; and at no time on Sundays, Bank Holidays or Public Holidays.

3.                The materials to be used in the development of Phase 4 shall be in strict accordance with the approved Materials Schedule (Ainsley Gommon Architects June 18) received 25 July 2018 unless otherwise approved in writing by the Local Planning Authority.

4.                The landscaping details shall be carried out in full accordance with Drg.No. 1771-109 rev 5 received 29 August 2018, prior to the occupation of the development, to the satisfaction of the local planning authority.

5.                The approved tree protection measures as set out on the Tree Retention, Protection and Removals Plan (drg.3116 101 received 25 Jul 18) shall be adhered to during the construction of the development.

6.                The approved Drainage Plan (drawing no. SPX-AJP-XX-00-DR-C-100 P1) received 11 September 18 shall be implemented prior to the first occupation of the dwellings on Phase 4 of the development.

7.                Provision shall be made for affordable housing in accordance with Policy HS2 of Burnley’s Local Plan (adopted July 18). This shall be provided on site as part of Phase 4 of the development or delivered off-site in accordance with a scheme to be submitted to and approved in writing by the local planning authority, unless a sufficiently robust justification is submitted to demonstrate that such delivery is not a viable option.

8.                Prior to first occupation of the development hereby approved a verification plan in respect of the contamination remediation measures on the site, providing details of the data that will be collected in order to demonstrate that the works identified are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action shall be submitted to and approved in writing by the local planning authority before any of the houses are first occupied.    Any changes to these components require the express written consent of the local planning authority.

9.                Public Open Space requirement in respect of the development hereby approved shall be delivered by the developer, in accordance with the terms of the previous approved Unilateral Undertaking, pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) under planning application APP/2010/0713, given by Renaissance (Padiham) Limited and dated 7 March 2011.

10.              Insofar as in relates to Phase 4, the development permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) (reference 1801/DRS001/Rev4 dated 4/4/14) for the site and the following mitigation measures:

                   The mitigation measures outlined in the report shall be fully implemented prior to occupation of any of the dwellings  and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be approved in writing by the local planning authority.

Reasons

1.                To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

2.                To safeguard the amenities of the neighbouring residents having regard to Policy NE5 of Burnley’s Local Plan adopted July 18.

3.                To ensure a satisfactory development which harmonises with its surroundings, in the interests of visual amenity.

4.                To ensure that the landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings.

5.                In order to protect ensure that the vegetation on the site is adequately protected in the interests of visual amenity

6.                To ensure that appropriate drainage is provided to the development.

7.                Having regard to Policy HS2 of Burnley’s Local Plan (adopted July 18) to ensure appropriate provision of affordable housing in the Borough.

8.                To ensure that all risks posed the contamination of the site have been adequately assessed and dealt with.

9                 To ensure that appropriate provision is made for public open space relating to the site having regard to Policy HS4 of Burnley’s Local Plan adopted July 2018.

10.              To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site having regard to Burnley’s Local Plan adopted Augst 2018).