Agenda item

Proposed pair of semi-detached houses.

Full Planning Application

Proposed pair of semi-detached houses

LAND ADJACENT NO 3 (CAR PARK) FAIR VIEW ROAD BURNLEY

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: Location Plan and Drawing No. 2/10/2018 received 14 September 2018; Amended Drawing No. 1/10/2018 received 9 October 2018.

3.                The off-site highway works, including the relocation of the lamp post shall be carried out to the satisfaction of the Local Planning Authority before either of the dwellings is occupied.

4.                The two parking spaces shall be provided for each dwelling as set out on the approved plan, drawing no. 1/10/2018 received 9 October 18, before their occupation.

5.                No construction work shall take place on the development hereby approved outside the hours of 8 a.m. to 6 p.m. Monday to Friday, 8 a.m. to 1 p.m. on Saturday and not at any time on Sundays and Bank Holidays.

6.                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.

7.                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:

                   1. 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

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

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

8.                Notwithstanding the details of the materials to be used in the development set out in the application, precise details of the facing and roofing materials shall be submitted to and approved in writing by the local planning authority before their use in construction.

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 highway safety.

4.                To ensure adequate parking space is available in line with Policy IC3 of Burnley's Local Plan adopted July 2018.

5.                To protect the amenities of nearby residents in accordance with Policy NE5 of Burnley's Local Plan adopted July 2018.

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

7                 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 and 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 NE5 of Burnley’s Local Plan adopted July 2018.

8.                To ensure a satisfactory development which harmonises with the character and appearance of the Conservation Area, having regard to Policy HE2 of Burnley’s Local Plan (adopted July 18).