Agenda item

Proposed erection of retail unit (Class A1).

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. 437/01 and 437/04 received 25 July 2018.  Drawing Nos. 437/02A and 437/03A received 15 October 2018.

3.      The parking and manoeuvring area shown on the approved plan, Drawing no. 437/02 received 25 July 2018, shall be surfaced in a porous material and marked out to indicate the proposed disabled parking bay together with a designated pedestrian route from the highway to the front entrance to the building, before the retail unit hereby approved is brought into use.

4.      The parking and manoeuvring area shown on the approved plan, Drawing no. 437/02 received 25 July 2018, shall be retained at all times for the parking and  loading / unloading of goods.  There shall be no storage of goods or equipment on this area.

5.      The off-site highway works to provide vehicular access from North Street shall be carried out in full accordance with Section 278 of the Highways Act, in consultation with the Highway Authority, before the retail unit hereby approved is brought into use.

6.         No development shall take place including the removal of the existing walls and structures, 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.  It shall provide for:

i)          The parking of vehicles of site operatives and visitors

ii)         The loading and unloading of plant and materials

iii)        The storage of plant and materials used in the constructing the development

iv)        The erection and maintenance of security hoarding

v)         Wheel washing facilities and road sweeping as required

vi)        Measures to control the emission of dirt and dust during construction

vii)       Details of working hours

ix)        Routing of delivery vehicles to/from the site

x)         Contact details of the site manager

7.      There shall be no construction works taking place on the development hereby approved, outside the hours of 0800 hours to 1800 hours Monday to Friday; 0800 hours to 1300 hours on Saturdays and not at any time on Sundays and Bank Holidays.

8.      The two landscaped areas indicated on the approved plan, Drawing no. 437/02 received 25 July 2018 shall be provided to the satisfaction of the local planning authority and each area shall contain a tree such as a Japanese Maple, Cherry,  Magnolia, or similar suitable  for a small garden. The areas shall thereafter be maintained in accordance with good horticultural practice.

9.      The retail unit shall not open outside the hours of 0800 to 1900, Monday to Saturday; 1000 to 1600 on Sundays and Bank Holidays and no deliveries shall take place outside these hours.

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 /4/5  In the interests of highway safety to ensure that adequate facilities are available whilst the use is in operation, having regard to Policy IC3 of Burnley’s Local Plan July 2018.

6.      The construction method statement is required before the development commences to ensure that the site is managed in such a way as to avoid any impacts on highway safety from the start of the works and throughout the period of construction.

7.      In the interests of highway safety and residential amenity, to avoid undue disturbance in the surrounding area during the construction period.

8.      To compensate for the loss of planting on the site and to ensure the development harmonises with the surrounding area, having regard to Policy NE4 of Burnley’s Local Plan July 2018.

9.      To avoid disturbance to neighbouring residential properties at unsocial hours having regard to Policy TC6 of Burnley’s Local Plan July 2018.