Application Recommended for Approval APP/2013/0445 Briercliffe Ward

Full Planning Application Part demolition of existing industrial buildings in association with refurbishing the residual part of the existing mill to form 4no. commercial units. OXFORD MILL BURNLEY ROAD BRIERCLIFFE BURNLEY

Background:

The site is in the Harle Syke Conservation Area (CA) and is part of a group of buildings with a complex planning history. Mill buildings in the CA formerly adjoining the application site to east were replaced by housing in the late 1990s. The housing forms a tight group, thoughtfully designed to achieve reasonable privacy and outlook standards. Some of the houses are close to the existing mill wall of the single storey part of Oxford Mill. Terrace houses in Holgate Street face the west side of Oxford Mill and Siberia Mill. Holgate Street gives access to both buildings and to a wider residential area beyond.

A previous permission in 2009 gained approval for the part demolition and conversion of the mill into 12 residential units (flats), a health clinic and a day nursery as part of a wider scheme for the site that included a retail unit and additional dwellings.

This application relates solely to the mill building and their rehabilitation into four new commercial units.

Relevant Policies:

Burnley Local Plan Second Review CF11 - District and local centres CF14 - Provision, retention and enhancement of community facilities E12 - Development in or adjacent to Conservation Areas E13 - Demolition in Conservation Areas E5 - Species protection GP1 - Development within the Urban Boundary GP3 - Design and Quality GP6 - Landscaping and Incidental Open Space

NPPF

Article 31 Statement

The application as submitted was not considered to be in accordance with the local plan policies and the National Planning Policy Framework and as such discussions were held with the Agent to rectify the issues. The design of the conversion/demolition scheme and the proposed layout plans were negotiated with the Agent and the amended plans received are now considered to be acceptable.

Site History:

APP/1996/0281 - Proposed new access/entrances to premises – Granted.

APP/2009/0529 – Proposed mixed use development incorporating conversion of existing mill to residential and commercial use along with new dwellings and a small retail unit – Granted Conditionally.

Consultation Responses:

Highway Authority (Lancashire County Council) – There were no objections raised to the proposal on highway grounds, however the Officer noted that there was the opportunity to improve visibility when emerging from Holgate Street. It was suggested that the applicant dedicates a 2 metre strip of land along the landscaped area fronting Burnley Road, as this would ensure that the improved visibility is maintained and also improve pedestrian access to Holgate Street. He raises no objection to the amended plans (shown on the site plan revision A) that indicate this work.

Environment Agency – No objection in principle to the scheme however a condition requesting preliminary risk assessments and site investigation to deal with the risks associated with contamination of the site is suggested.

English Heritage – They did not wish to comment in detail, but suggested that based on the information originally submitted that it was unclear from the documentation supporting the application what level of demolition is necessitated by the proposals. They also noted that there was no heritage statement describing the significance of any heritage assets affected or information to explain the potential impact of the proposal on their significance as required in NPPF paragraph 128.

Following receipt of this additional information from the Agent, English Heritage offered the following general observations.

Oxford Mill is a narrow 2-3 storey 19th century mill fronting Burnley Road within the Harle Syke Conservation Area. It is not listed but contributes to the character of the conservation area and the understanding of the development of Harle Syke, and it is of key value for its townscape value and the relationship to surrounding buildings. The proposal is for the conversion of the existing mill to form 4 commercial units. We welcome the retention of part of the mill and the principal elevation to Burnley Road and commend the approach of attempting to find a solution for the building that will safeguard its future.

We are now content that the scheme is attempting to preserve and enhance the character of the Conservation Area and keep as much of the original fabric of the mill as its current condition economically allows. We are therefore happy to support the acceptance of this application.

Lancashire County Council Planning Officer (Archaeology) - Oxford Mill, or rather Harle Syke Mill (Lancashire Historic Environment Record PRN 10283) to give it its original name, is thought to have been built 1855-6 by the Haggate Weaving Company. The site comprises of the two-storey preparation block, with the rear occupied by north-light weaving sheds. The textile mills of the North West were of great historical significance, shaping the landscape and the communities within which they were built and which surrounded them. Lancashire County Archaeology Service would recommend that a detailed archaeological record, comprising plans, drawings and photographs, should be made of all elements of the mill complex.

Neighbouring Residents – An e-mail was received from a neighbour who noted that it was good to see a sympathetic proposal that would improve the visual appearance of the area and hopefully provide some employment. On this basis, he felt that neither he nor his family could object to the proposal. He did however have some questions and concerns relating to matters that could affect the quality of life for his family and those in the immediate area of the entrance namely,

1. The planning does not make clear if the existing mill will be modified or demolished. 2. How long are the building works due to last if permission granted. 3. Will the type of business operating from the premises be regulated to ensure large vehicles are not using the premises? 4. Will the proposed working days and hours in the application be enforced? I believe there are restrictions in place at the moment but the premises are often open from 6am till 10pm with vehicle movement 7 days a week.

These queries were responded to and, whilst no further correspondence has been received, I am satisfied that he maintains he has no objection to the scheme.

Planning and Environmental Considerations:

This application relates solely to the mill building and their rehabilitation into four new commercial units. Whilst it seeks to retain the main building fronting Burnley Road, it also seeks to reduce the height of it and demolish the two ends of the building to improve driver visibility at the junction of Holgate Street with Burnley Road, and provide a small amenity area for users of the site.

The main planning issues are the preservation or enhancement of the conservation area, whether the scheme has an impact on traffic or highway safety, and whether it will have an impact on neighbouring residents or their amenity.

The planning history shows that in the mid-1990s the original single storey mill shed was re-formed into single storey industrial units, with a (then) new access from Holgate Street. The terms of that permission also included the demolition of a single storey part of the building projecting from the eastern end of the Burnley Road frontage building to form a loading area/service yard with direct access for vehicles from Burnley Road. This has not been carried out, but as permission has been lawfully commenced (by building the units), it could be carried out at any time unless permission for other development is granted and commenced. This followed a similar pattern established in the late 1980’s (APP/87/0025) in the conversion of Siberia Mill to smaller units.

The application site is rectangular in form, with frontages to Burnley Road and Holgate Street. The buildings subject to this application are the long building that fronts Burnley Road and a portion of the building within the yard area immediately north of Oxford Mill. Further to the rear (north) the site is adjoined by Siberia Mill and there are a number of dwellings in New Taylor Fold that are set close to the eastern boundary.

The site plan below indicates the layout of the site, including the area of enclosed amenity space to the eastern end of the site and the open area on the corner of Holgate Street and Burnley Road.

The existing building, Oxford Mill, is a long, narrow, 2/3 storey stone built building that fronts Burnley Road. Whilst the majority of the surrounding units are being used, Oxford Mill has remained largely empty for a number of years. This is due to the poor condition of the building that continues to worsen without further work being carried out. The scheme proposed seeks to demolish sections of this building and renovate the rest to a more appropriate standard and size that would appeal to the current market. The building at present, even if it were suitable of being fully inhabited, is currently of a scale and internal layout that is not conducive to modern industrial uses. The proposed alterations to the building will create a much more marketable set of units whilst at the same time maintaining a large portion of the original mill building in situ.

The permission approved in 2009 allowed a proposed mixed use development on the site incorporating the conversion of the existing mill to residential and commercial use along with new dwellings and a new retail unit to the rear (north) of the main Oxford Mill building. Whilst the scheme now proposed does not include the development of the entire site, the access to the site remains the same and the demolition of the eastern and western ends of the Mill building remain part of the proposal. The main difference after these elements is the proposed reduction in overall height of the Mill building from its current maximum ridge height of 14.4m down to 10.4m approximately.

Access road and units to rear of Oxford Mill building

The existing walls at the eastern end of the site (separating it from housing on New Taylor Fold, and along the Burnley Road frontage) would be retained.

Impact on the Conservation Area (CA)

The CA includes the frontage properties along a significant length of Burnley Road. The character of this part is formed by the high mill buildings either side of the Road; Oxford Mill presents a long 2/3 storey stone building set at the edge of the carriageway, and housing either side of the Mill on the same frontage follows that pattern. The building dominates and gives a hard edge to the street, and is one of a number of focal buildings along the streetscene.

Whilst the loss of either end of the building and the reduction in height of the building will impact upon the imposing nature of the building, the dominance of the building will be retained by virtue of its immediate roadside position. Indeed the continuity of built form towards the eastern end of the Burnley Road frontage would not be affected as the high wall and parapet would be retained following demolition of that part of the building.

Whilst the demolition of parts of the Mill may run counter to the aims of preservation, the benefits of the proposal significantly outweigh any potential negative aspects. This is one of the key tests of the NPPF. Paragraph 132 of the NPPF notes that ‘When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.’

Paragraph 134 of the NPPF then advises that ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’

The building in its present condition does not lend itself to any immediate viable use, and the works and expense required to renovate the building to a viable use would not be financially viable. The scheme proposed retains much of the original fabric and massing of the building, and in doing so limits the direct visual impact upon the locality. The benefits of the selective demolition however ensure that the landscaped public space on the corner of Burnley Road and Holgate Street not only improves visibility for vehicles turning out of Holgate Street but that it also creates a sense of openness in an area dominated by properties positioned immediately on the road frontage, significantly adding to the visual amenities of the CA. These enhancements to the CA would (in my opinion) outweigh the reduction in mass of the frontage building and that the aims of conservation would thereby be achieved.

Proposed elevations

End section to be lost

Traffic and highway safety

Presently, at the junction of Holgate Street with Burnley Road, visibility to the left is impeded by the applicant’s building. Reasonable driver visibility would be provided by the proposal by virtue of the loss of the end portion of the building. This would not only benefit users of the site but also occupiers of neighbouring properties.

Impact on neighbouring residents

The potential impact on houses in New Taylor Fold relates to loss of privacy and outlook; noise from traffic and general activity in the new development; and, light pollution, particularly from vehicle headlights using the proposed courtyard area to the rear of the houses.

The existing mill wall will again be retained within the development, and New Taylor Fold would, therefore, remain separate as at present. Three houses back onto the wall (one at an angle). Their lower windows and in some cases upper windows presently look out onto the wall. This arrangement would not change. Head light glare and general noise would be contained to a large degree inside the walled enclave.

The potential impact on dwellings in Holgate Street and at the junction with Briercliffe Road relates to traffic; noise and activity in the new development; and, loss of outlook.

My view is that the proposed development would not be likely to generate significantly more traffic than the existing general industrial use would if fully operational. Indeed the character of traffic is likely to be of lighter weight, with fewer commercial vehicles involved than could feasibly occur at the site, so this proposal would provide a less intrusive use on the site

Finally, with regards to impact from noise associated with opening times of the proposed additional units, given the low intensity of the uses involved, I think the hours of use proposed by the applicant are entirely sensible.

Conclusion

The scheme is a well thought proposal that presents an updated use for this nineteenth century mill that enables its retention and continued contribution to this closely built urban Conservation Area, with its characteristic blend of mill buildings and residential terraces. The scheme would improve highway safety, and the on-site amenity areas would add to the attractiveness of the Local Centre. There are no concerns about the impact of the scheme on the residential amenity of occupiers of adjacent properties, and the recommendation is made on that basis.

Recommendation:

That planning permission for the development proposed is approved.

Conditions

1. The development must be begun within three years of the date of this decision. 2. The permission shall relate to the development as shown on the following plan drawings; • Location plan, proposed floor plans, area of reinstatement plans (received 1 Oct 13). • Amended proposed and existing elevations plans (received 9 Dec 13). • Amended site layout plan (Rev. A) received 12 Dec 13. 3. The walls (including walls of part of a building and freestanding walls) along the boundary of the site shall be retained at the existing height on the date of this permission unless a different height shown in a scheme of treatment of the walls is submitted to and approved in writing by the Local Planning Authority. 4. Prior to the commencement of the conversion works hereby approved, full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority. Hard landscaping shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, refuse or other storage, lighting etc.). Soft landscaping shall include schedules of plants, noting species, plant sizes and proposed numbers/ densities where appropriate, and shall include details of the condition of existing trees and specify which are to be retained. 5. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme approved in writing by the local planning authority. 6. A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any of the units. The Landscape Management Plan shall be carried out as approved. 7. Before any development starts, a scheme for the noise insulation of Oxford Mill shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be fully implemented before the building is brought into use. 8. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the implementation of a programme of building recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. 9. No development approved by this planning permission shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1) A preliminary risk assessment which has identified: • all previous uses; • potential contaminants associated with those uses; • a conceptual model of the site indicating sources, pathways and receptors; and • potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. 10. The use of the units hereby approved shall be limited to between the hours of 0800hrs and 1800hrs Monday to Friday, and shall not be open outside of these hours.

11. No works of demolition of any part of the building fronting Burnley Road shall start until full details of the treatment of the new elevations formed by such demolition, are submitted to and approved in writing by the Local Planning Authority. The treatment shall be carried out as approved before the building is first occupied for the uses herby permitted.

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. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted plans.

3. In the interests of the amenities of neighbouring residents, future residents of the proposed development; and the visual amenities and character of the development within the Harle Syke Conservation Area.

4. In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in accordance with policy GP6 of the Burnley Local Plan, Second Review. 5. In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in accordance with policy GP6 of the Burnley Local Plan, Second Review. 6. To ensure the long term landscape management of the site, in accordance with policy GP6 of the Burnley Local Plan, Second Review.

7. In the interests of the amenities of the neighbouring occupiers.

8. To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the site, in accordance with National Planning Policy Framework, para. 141.

9. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with policy GP7 of the Burnley Local Plan, Second Review and guidance within the National Planning Policy Framework (NPPF), paragraphs 109 and 121.

The Phase 1 Contamination Report (MDA Architects, August 2013) submitted with the application identified the site to have previous industrial uses, and to recommend further intrusive (Phase 2) site investigation. This report satisfies Part 1 of the above condition.

10. In the interests of safeguarding the amenity of the area.

11. In order to ensure that the final details of the works are acceptable before work starts, in accordance with policy GP1 of the Burnley Local Plan, Second Review.

GDT