Agenda item

Demolition of existing locally listed Neptune Pub, construction of a proposed new 4 storey mixed use building to provide student accommodation (136) bedrooms) including ancillary communal areas, laundry room, gym, reception, study/resources room and students hub with part lower ground floor car parking; together with provision of 3 commercial units (mix A1, A2, A 3, B1) and associated landscaping.

Full Planning application   APP/2019/0001 – Demolition of locally listed Neptune Inn; construction of new 4 storey mixed use building to provide student accommodation (136 bedrooms); ancillary communal areas to include laundry room, gym, reception, study/resources room and student hub; part ground floor car parking; provision of 3 commercial units; and associated landscaping, together with provision of new car park off Wiseman Street for 35 vehicles.  SANDYGATE SQUARE SANDYGATE

 

Note; that paragraph 7 on page 42 of the agenda relates to Sandygate Square and not Land West of Station Road Padiham.

 

Decision

 

That planning permission be granted subject to the following amended 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                       010 rev B rec’d 19 Mar 19

·               Site Layout Plan                 009 rev E rec’d 19 Mar 19

·               LG Floor plan                        001 rev N rec’d 20 Feb 19

·               GF Plan                                 002 rev M rec’d 20 Feb 19

·               1F & 2F Floor Plans            003 rev N rec’d 20 Feb 19

·               3F Floor Plan                        004 rev O rec’d 19 Mar 19

·               Roof Plans                           005 rev E rec’d 19 Mar 19

·               N & E elevations                 006 rev I rec’d 19 Mar 19

·               S elevations                         007 rev J rec’d 19 Mar 19

·               W elevations                        008 rev H rec’d 19 Mar 19

·               Existing Topo Survey          011 rev A rec’d 9 Jan 19

·               Drainage Strategy                C-50 rev B rec’d 9 Jan 19

·               Existing Site Sections        015 rev A rec’d 9 Jan 19

 

3.            The development shall be carried out in full accordance with a scheme which has first been approved in writing by the Local Planning Authority, to include details of the design, based on sustainable drainage principles and implementation of an appropriate surface water sustainable drainage scheme.  The details shall include as a minimum:

               a)      Information about the lifetime of the development:

·   Design storm period and intensity (1in 30 & 1 in 100 year +  

  allowance for climate change, see EA advice (Flood Risk

  assessments: climate change allowances) - discharge rates and

  volumes (both pre and post development)

·   Temporary storage facilities

·   The methods employed to delay and control surface water

   discharged from the site

·   The measures taken to prevent flooding and pollution of the

   receiving groundwater and/or surface waters, including

   watercourse

·   Details of floor level in AOD

 

      b)      The drainage strategy should demonstrate that the surface water run-off must not exceed the pre-development greenfield run-off rate. The scheme shall be subsequently implemented in accordance with the approved details before the development is completed.

 

               c)      Flood water exceedance routes, both on and off the site

 

               d)      A timetable for implementation, including phasing if possible

 

               e)      Evidence of an assessment of the site conditions to include site

                      investigation

 

The scheme shall be implemented in accordance with the approved details prior to the first occupation of any of the approved dwellings or the completion of the development, whichever is the sooner. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.

 

4.            The development hereby permitted shall not be occupied until the sustainable drainage scheme for the site has been completed in accordance with the approved details.  The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the approved management and maintenance plan.

 

5.            The development shall be carried out in full accordance with a scheme which has been approved in writing by the Local Planning Authority, providing details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development, to include:

   a)         the arrangements for adoption by an appropriate public body, statutory undertaker or management company.

   b)         Arrangements concerning appropriate funding mechanisms for its ongoing maintenance of all elements of the sustainable drainage system (including mechanical components) which will include elements such as

                -       ongoing inspections relating to performance and asset condition assessments

               -        operation costs for regular maintenance , remedial works and irregular maintenance caused by less sustainable  limited life assets or any other arrangements to secure the operation of the surface water drainage system scheme throughout its lifetime.

               -        means of access for maintenance and easements where applicable.

 

               The plan shall be implemented in accordance with the approve details prior to first occupation of the approved development or the completion of the development whichever is the sooner.  Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved details.

 

6.            The development shall be carried out in full accordance with the approved Construction Management Plan, received 6 March 19 as amended 19 March 19, to the satisfaction of the Local Planning Authority.

 

7.            The development shall be carried out in full accordance with the submitted Site Investigation Report and Risk Assessment (Phase II Geo-Environmental Site Investigation and Risk Assessment reference 180903.R.001, dated December 2018)

              

8.           In consideration of the Phase I/Phase II Report (12-777-R1), details of imported soil shall be submitted before use within the cover system, with information to include source and quantity provided, date of acceptance, and a chemical analysis for a full suite of contaminants.   As per report 12-777-R1, ground gas monitoring shall be completed with the findings submitted in writing to the Local Planning Authority.

 

Any arisings and/or site-won materials shall be chemically analysed prior to re-use on-site with validation provided to the Local Planning Authority for approval if applicable.  If removal of any identified local TPH ‘hotspots’ is decided as a remedial option, sampling and analysis shall be undertaken to confirm the suitability for use of the remaining soil, with validation provided to the Local Planning Authority for approval in writing, if applicable.

 

              Following completion of measures identified in the remediation scheme, a validation report that demonstrates the effectiveness of the remediation carried out must be submitted to, and approved in writing by the Local Planning Authority.

 

9.         In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority.   An investigation must be undertaken to establish the nature and extent of contamination in consideration of potential receptors.  Where sampling is required to establish the extent of unexpected contamination, the results shall be forwarded to the Local Planning Authority.  If further remediation is required, the additional information shall also be submitted and approved by the Local Planning Authority.

 

10.      A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of time to be agreed in writing by the Local Planning Authority, and the provision of reports on the same must be prepared, both of which must be submitted to and approved by the Local Planning Authority.

 

Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced and submitted to the Local Planning Authority.  These measures must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.             

 

11.      A programme of archaeological work including the creation of a record of the former Neptune Inn to level 3 and the remnant of the Sandygate Shed boiler room or engine house wall to level 2 as set out in Understanding Historic Buildings (Historic England 2016), shall be carried out in accordance with an approved written scheme of investigation, before any work on the demolition of Neptune Inn and the remnants of the Sandygate Shed boiler room/engine house takes place. This work shall be carried out by an appropriately qualified and experienced professional contractor to the standards and guidance of the Chartered Institute for Archaeologists. The record shall be lodged with the Local Planning Authority within 2 months of the date of this decision.

 

12.      A formal watching brief during both groundworks and the demolition of the former Neptune Inn (in particular removal of foundations, floor slab, etc) followed by such subsequent work as required to investigate and record any remains encountered. This work shall be carried out by an appropriately qualified and experienced professional contractor to the standards and guidance of the Chartered Institute for Archaeologists.

            This work shall be carried out by an appropriately qualified and experienced professional contractor to the standards and guidance of the Chartered Institute for Archaeologists. A copy of the archaeological record and analysis shall be lodged with the Local Planning Authority within two months of its completion.

 

13.      The provision of the car parking area to be given over to student parking shall be surfaced in accordance with the approved site layout plan, drawing no. 009E received 19 March 19  and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan, before the use of the premises hereby permitted becomes operative.

 

14.       The cycling facilities shall be provided in accordance with drawing no. 001 rev N received 20 February 2019 prior to the occupation of the building hereby approved.

 

15.       The existing access 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 construction of the development.

 

16.       No built construction work shall be commenced until a scheme for the construction of off-site highway works relating to the development, including provisions to facilitate the implementation of Traffic Regulations Orders for waiting restrictions, has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority.

 

17.       No part of the development hereby approved shall be occupied or opened for trading until the approved scheme referred to in Condition 16 has been constructed and completed in accordance with the scheme details.

 

18.       The proposed new loading bay on Sandygate which provides servicing facilities for the commercial unit at the junction of Sandygate and Neptune Street, shall be completed before the commercial unit is brought into operation.

 

19.       Prior to the first use of the development hereby permitted, a full Travel Plan shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. The Travel Plan to include:-

·                Review of existing parking restrictions on Neptune Street and Wiseman Street including identifying funding mechanism for implementation of review recommendations. Review to be undertaken prior to first occupation.

·                Review of student car usage and uptake of parking provision to be provided as part of permission over a period of 18 months following full occupation of the student element of the development. Report to be provided to and reviewed by the Local Planning Authority in consultation with the Highway Authority.

 

20.       The Travel Plan shall be implemented within the timescale set out in the approved plan and will be audited and updated at intervals not greater than 18 months to ensure that the approved Plan is carried out.

 

21.       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.

 

22.       Following completion of the development works, the public square shall be re-instated to the satisfaction of the local planning authority in accordance with the amended site plan Drawing No. 09 rev E received 19 March 19.

 

23.       The car parking area off Wiseman Street for 35 vehicles shall be managed in accordance with the ‘Sandygate Student Accommodation Scheme Car Parking’ received 19 March 19, to the satisfaction of the Local Planning Authority

 

 

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 that the proposed development is adequately drained and that there is no flood risk on or off site resulting from the proposed development.

 

4.            To ensure that the drainage for the proposed development can be adequately maintained and to ensure that there is no flood risk on or off the site resulting from the proposed development or resulting from inadequate maintenance of the sustainable drainage system.

 

5.            To ensure that appropriate and sufficient funding and maintenance mechanisms are in place for the lifetime of the development; to reduce flood risk to the development as a result of inadequate maintenance; and to identify the responsible organisation/body/ company/undertaker for the sustainable drainage system.

 

6.            In the interests of highway safety, the prevention of pollution to the canal and the surrounding environment.

 

7, 8, 9 &10     To ensure that all risks associated with contamination of the site are adequately dealt with, having regard to Policy EN5 of Burnley’s Local Plan 2018.

 

11/12.   To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the site, having regard to Policy HE2 of Burnley’s Local Plan 2018.

 

13.         To allow for the effective management of development related parking demand and use of the parking areas.

 

14.         To ensure that adequate cycle facilities are available for the users of the building, to promote alternative modes of transport, in the interests of sustainable development.

 

15.         To limit the number of access points to, and to maintain the proper construction of,the highway.

 

16.         In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before construction work commences.

 

17.         In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

 

18.         To ensure that the commercial unit has suitable servicing facilities, in the interests of highway safety.

 

19/20  To promote and provide access to sustainable transport options.

 

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

 

22.       To ensure that the public square is reinstated in a satisfactory manner in keeping with its surroundings

 

23.         To ensure effective operation of the car park.