Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Table of Contents

1.0 Introduction ...... 4

2.0 The Existing Site ...... 6

3.0 Company Overview ...... 7

4.0 Planning History ...... 8

5.0 Planning Policy Context ...... 9 National Planning Policy ...... 9 Burnley Local Planning Policy ...... 13

6.0 Principle of Development ...... 31

7.0 Material Considerations/Justification ...... 32 7.1 Accessibility ...... 32 Walking ...... 32 Cycling ...... 33 Public Transport...... 34 Conclusion ...... 35 7.2 Access/Parking ...... 36 Access ...... 36 Parking ...... 37 Conclusion ...... 37 7.3 Impact on Ecology ...... 38 Original Ecological Report ...... 38 Addendum to Ecological Assessment ...... 43 Conclusion ...... 44 7.4 Ground Conditions/Coal Mining Risk Assessment ...... 45 Phase 1 GeoEnvironmental Desk Study ...... 45 Coal Mining Risk Assessment ...... 45 Design changes due to Coal Mining Legacy ...... 46 Conclusion ...... 48 7.5 Flood Risk/Outline Drainage Strategy ...... 50 Conclusion ...... 51 7.6 Design ...... 52 Conclusion ...... 52 7.7 Relocation of concessionary footpath ...... 54

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Conclusion ...... 54 7.8 Residential amenity ...... 55 Sunlight/Daylight Provision ...... 55 Noise Assessment ...... 55 Air Quality Assessment ...... 58 Lighting Assessment ...... 60 Conclusion ...... 62

8.0 Scheme Benefits...... 63 Economic ...... 63 Social ...... 63 Environmental ...... 63

9.0 Conclusion ...... 65

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1.0 Introduction

1.1 This report is prepared by Kirkwells on behalf of Mr. B Lockwood of Rolfe Carpets Ltd. It accompanies a full planning application for the erection of an industrial building for the wholesale storage and distribution (B8) of floor coverings with office facilities (B1), trade counter, showroom and associated servicing areas.

1.2 The application site is 2.08 hectares in size. The building is as follows:

Storage and Distribution (B8): 5,513.4 sq. metres. Offices (B1): 754.5sq. metres. Showroom: 754.5 sq. metres.

Figure 1 Location plan

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The Submission

1.3 The completed application forms, relevant certificates, plans and this Planning Statement are accompanied by the following documents, which together comprise the application submission:

Completed application forms

Plans Location Plan WR V2 6 187-Cross Sections including existing and proposed levels WR V2 6 187-Elevations WR V2 6 187-Plan Layouts WR V2 6 187 General Arrangement Plan General Arrangement/Path Sections for Brun Valley Greenway

Supporting Documents Air Quality Assessment Extended Phase I Habitat Survey Report Addendum to Ecology Report Coal Mining Risk Assessment Design and Access Statement including a Security and Crime Statement and a Refuse and Recycling Statement Energy Efficiency Statement Flood Risk Assessment Lighting Assessment Noise Impact Assessment Planning Statement Site Investigation

1.4 The purpose of this report is to assess the proposal within the context of national and local planning policy and guidance.

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2.0 The Existing Site Figure 2: Context of site

© Crown copyright and database rights, 2017. Ordnance Survey 0100031673

2.1 The site is located 2.6km north east of Burnley town centre, and within Heasandford Industrial Estate. To the east, south, and west of the application site lie industrial and commercial operations. Direct neighbours include the Lancashire County Council recycling facility and the Heasandford MOT Centre.

2.2 To the north of the site are residential properties located on Lydgate. The residential properties are located over 60 metres from the application site.

2.3 Access to the site is provided at two points from Balderstone Lane.

2.4 The site is allocated in both the Burnley Local Plan (2006) and the emerging Burnley Local Plan (2012-2032) as a site suitable for B1, B2 and B8 uses.

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3.0 Company Overview 2.1 Rolfe Carpets Ltd are one of the North West’s largest independent carpet and flooring wholesalers.

2.2 Rolfe Carpets Ltd commenced trading in May 1990 at premises in Oswaldtwistle. The company was established to supply existing retail outlets in the ownership of the founders and also other carpet retailers in the surrounding area.

2.3 Due to its almost immediate success the company acquired purpose built premises at Metcalf Drive in Altham.

2.4 In 1997, the operation was transferred to a unit within Pendle Village Mill shopping complex and the Altham premises were sold.

2.5 The company currently operate from the site within the Pendle Village Mill complex. Both Pendle Village Mill and Rolfe Carpets are in the sole ownership of Mr. & Mrs. Lockwood

2.6 The building currently occupied is a traditional stone built industrial building with internal cast iron columns, which creates operating issues when handling large rolls of floor coverings.

2.7 The new unit on Balderstone Lane will enable the company to consolidate its wholesale division and further develop the Pendle Village Mill site.

2.8 Rolfe Carpets currently employs 36 staff from the Burnley and Pendle area. In the 2 years following relocation to the Balderstone Lane site, it is envisaged this will increase by another 10 employees.

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4.0 Planning History

4.1 The planning history is as follows:

APP/2007/0541: Proposed erection of six blocks of (Use Class B1/B8) (re- submission). Full Planning Permission Granted Date: 30/07/2007

APP/2006/1116: Proposed erection of six blocks of use class B1. Full Planning Permission Granted. Date: 23/03/2007

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5.0 Planning Policy Context National Planning Policy

5.1 The National Planning Policy Framework (NPPF) makes it clear that planning applications must be determined in accordance with the statutory development plan unless material considerations indicate otherwise. The NPPF is itself a material consideration in planning decisions.

5.2 Relevant sections of the NPPF are included in the following paragraphs:

NPPF: Sustainable Development

5.3 The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system. (Para 6)

5.4 There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:

• an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;

• a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and

• an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

5.5 Paragraph 14 states: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision- taking.

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For plan-making this means that: • local planning authorities should positively seek opportunities to meet the development needs of their area; • Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: – any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or – specific policies in this Framework indicate development should be restricted.

For decision-taking this means: • approving development proposals that accord with the development plan without delay; and • where the development plan is absent, silent or relevant policies are out- of-date, granting permission unless: – any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or – specific policies in this Framework indicate development should be restricted.

5.6 Paragraph 17 includes a set of core land-use planning principles that should underpin both plan-making and decision-taking. The core principles relevant to this application are as follows: • proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities; • always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; • contribute to conserving and enhancing the natural environment and reducing pollution. Allocations of land for development should prefer land of lesser environmental value, where consistent with other policies in this Framework; • actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable; and

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NPPF Section 1: Building a strong, competitive economy

5.7 Paragraph 18 states: The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future.

5.8 Paragraph 19 states: The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore, significant weight should be placed on the need to support economic growth through the planning system.

5.9 Paragraph 20 states: To help achieve economic growth, local planning authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st century.

NPPF Section 4: Promoting sustainable transport

5.10 Paragraph 32 states: All developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether: • the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; • safe and suitable access to the site can be achieved for all people; and • improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

NPPF Section 7: Good Design

5.11 Section 7 of NPPF relates to the importance of good design. The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. (Para 56) Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness. (Para 57).

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NPPF Section 10: Meeting the challenge of climate change, flooding and coastal change

5.12 Paragraph 93 states: Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development.

5.13 Paragraph 103 states: When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that: • within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and • development is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems.

5.14 Paragraph 104 states: For individual developments on sites allocated in development plans through the Sequential Test, applicants need not apply the Sequential Test. Applications for minor development and changes of use should not be subject to the Sequential or Exception Tests but should still meet the requirements for site-specific flood risk assessments.

NPPF Section 11: Conserving and Enhancing the Natural Environment

5.14 Paragraph 118 states: When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: • if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused. • opportunities to incorporate biodiversity in and around developments should be encouraged; and • planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss.

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Burnley Local Planning Policy

5.15 For the purposes of determining this planning application, the relevant local Development Plan policies are • the ‘saved’ policies of the adopted Burnley Local Plan, (2006) • the emerging Burnley Local Plan (2012-2032).

5.16 Paragraph 216 if the NPPF states: From the day of publication, decision- takers may also give weight to relevant policies in emerging plans according to: • the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); • the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and • the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).

5.17 The Burnley Local Plan was submitted to the Secretary of State for Examination on 20 July 2017. The Local Plan hearings were held in 2017. Modifications have been proposed by the Examiner.

5.18 The application site is within the Urban Boundary, and allocated as land for Business (B1), and General Industrial (B2), and warehousing (B8) development in both the Burnley Local Plan (2006) (Ref EW1/2) and the emerging Burnley Local Plan (2012-2032) (Ref EMP1/6). The following policies are relevant to the proposed development.

Burnley Local Plan 2006

5.19 GP1 Development within the Urban Boundary The Council will locate all new development, except that appropriate to a rural area, within the urban boundary defined on the Proposals Map.

Where development of land and buildings is proposed within the urban boundary, but not identified on the Proposals Map, it will be permitted when it meets the following:

(a) Makes efficient use of land and buildings by following a sequential approach to meeting development needs by considering: (i) firstly, the re-use of existing buildings and infrastructure: then (ii) the use of previously developed land; and then

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(iii) the use of previously undeveloped land where this is well located in relation to houses, jobs, other services and infrastructure and is, or can be made, accessible to public transport, walking or cycling; (b) minimises the use of water, air, soil and other natural resources; (c) exploits existing services and facilities; (d) reduces the need to travel; (e) is accessible or potentially accessible by walking, cycling and public transport; (f) is accessible to all and does not lead to social exclusion; (g) does not have a detrimental effect on residential amenity by reason of noise or other nuisance; (h) does not have a detrimental effect on the safe and efficient operation of the existing transport and road infrastructure; (i) does not result in the loss of an area which makes a significant contribution to public amenity by virtue of its open space character, appearance and function or is proposed open space in a Neighbourhood Action Plan (see Policy H9); and (j) does not have a detrimental effect on the Borough’s built and natural environment (see Environment policies E1 to E23).

5.20 GP3 Design and Quality Burnley has a distinctive character. Development will be permitted which would make a positive contribution to that distinctive character and be of good design and quality. In seeking to protect and enhance the Borough’s unique identity the Council when assessing the design and quality of all development proposals will take account of the following: a) contribution to local identity, civic pride and sense of place; b) suitability of the overall design and appearance of the proposed development (including size, scale, density, layout, access, lighting, street furniture, and signage) when assessed in relationship with surrounding buildings, spaces, vegetation, water areas and other features of the street scene; c) use, and where appropriate re-use, of local and traditional materials or suitable artificial alternatives; d) use of space and landscape design; e) movement to, within, around, and through the development; f) originality, innovation and initiative; g) inclusion of energy efficiency and conservation measures; h) use of Sustainable Drainage Systems; and i) adaptability of the building for future expansion and provision of new facilities

5.21 GP6 Landscaping and Incidental Open Spaces Where appropriate, all new development proposals should include incidental open spaces and a high standard of landscaping to an appropriate scale. The Council will permit proposals which:

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a) provide landscaping and incidental open spaces suitable in scale in relation to the overall development and its surroundings; b) use native species; c) use existing natural features on site, such as ecology and landform; d) protect and enhance biodiversity; e) include suitable street furniture and lighting; f) provide adequate screening of the development; g) use an appropriate mix of hard and soft landscaping; h) do not have a negative impact on security and public safety; i) include suitable maintenance and management proposals; and j) do not damage public utilities.

5.22 GP7 New Development and the Control of Pollution When appropriate, all new development will be examined, in consultation with the pollution control authorities, to assess the potential for noise, light, air, water, groundwater and soil pollution. Development will be permitted when: a) it complies with the advice of the pollution control authorities; b) the location of the site in relation to other land uses, public transport, pedestrian and cycle links, would not lead to increased vehicle pollution; c) the risk and impact of any potential pollution on surrounding land uses, including to health, safety, amenity, and natural environment is minimised; d) there is no detrimental effect on the quality and sensitivity of the local environment, particularly Conservation Areas, Major Open Areas, Rural Areas, and sites with wildlife value; e) it would not have a detrimental effect on sensitive land uses such as housing and schools to any potential source of pollution; and f) it includes adequate provision for future restoration of the land for suitable after uses, when appropriate.

Development that would result in pollution that would lead to harm to the environment will not be permitted.

The development of sensitive uses, such as housing and schools, in proximity to potential sources of pollution will not be permitted.

5.23 GP8 Energy Conservation and Efficiency All new buildings, conversions and change of use of buildings should reduce energy consumption and include energy efficiency measures. The Council will permit development when: a) it includes use of appropriate openings, materials and recycling measures; b) the siting and orientation of buildings maximises the potential for solar heating and sunlight;

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c) it minimises overshadowing from trees and neighbouring buildings; d) it makes appropriate use of landscaping; and e) where appropriate, it includes the use of Combined Heat and Power.

5.24 GP9 Security and Planning Out Crime The Council will require all new development to contribute to improved security and crime prevention. The Council will permit development which: a) includes suitable lighting; b) makes maximum use of natural surveillance and defensible space; c) has a suitable layout, avoiding any hidden areas; d) creates safe and secure pedestrian and cycle links, bus stops, car parking, access points, and public open spaces; and e) ensures that any security measures do not have a negative impact on environmental quality. Sets out the council's policy and requirements for new development to contribute to improved security and crime prevention.

5.25 GP10 Developer Contributions Development proposals that would create a requirement for additional public service provision, or would exacerbate an existing problem or shortfall, will be expected to provide additional facilities, or contribute to remedying the deficiency, on a scale related to the need created. This includes health, education, sport, recreation, library, social service and youth facilities.

5.26 EW1 Land for Business (B1) and General Industrial (B2) and Warehousing (B8) development Other proposals for business (B1), general industrial (B2) and warehousing uses (B8) will be assessed against the General Policies of the Burnley Local Plan and the following criteria. The proposal: (a) is acceptable with respect to size, layout, parking, landscaping and design; (b) is accessible, or potentially accessible, by a choice of transport modes and does not have a detrimental effect on the safe and efficient operation of the trunk road network; (c) would not harm the amenity of nearby occupiers; (d) would not harm the character, appearance or environment of the site and its surroundings; (e) includes measures to address security; (f) includes, where appropriate, training and recruitment provision as required by Policy EW10 – ‘Development and Training Provision’ of the Burnley Local Plan; and (g) includes, where necessary, a Travel Plan, see Transport and Movement Policy TM3 – Travel Plans.

The following sites have been identified on the Proposals Map for the B1, B2, and B8 uses specified:

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EW1/2 Balderstone Lane, Heasandford Industrial Estate (7.08ha.) Suitable for business (B1), general industrial (B2) and warehousing (B8) uses and carried forward from the Burnley Local Plan First Review, retention of this allocation maximises utilisation of existing infrastructure. Measures to mitigate the impact of any development on housing close to the site may be necessary. An ecological survey of the site may be required to accompany any planning application. Should any mitigation measures be identified in such a report they will be a condition of any planning approval.

5.27 E4 Protection of other features of ecological value Features of ecological value and potential such as ponds, hedgerows, dry stone walls and watercourses and their associated corridors will be safeguarded wherever possible by requiring their retention in new development. Proposals should take advantage of opportunities to create new wildlife habitats where these can be included as part of a site layout and landscaping schemes.

Where necessary, planning agreements will be required to secure appropriate management of such sites.

5.28 E5 Species Protection The presence of a protected species will be a material consideration in determining any planning application.

Development that would affect sites supporting species protected by law will not be permitted unless (a) adequate provision is made within the proposed development to avoid disturbance to the species and habitat in question; or (b) adequate provision is made, by way of planning conditions or agreements, to: i. facilitate the survival of the individual species affected; ii. reduce the disturbance to a minimum; and iii. provide adequate alternative habitats to sustain the viability of the local population of that species.

5.28 E8 Development and flood risk Development will not be permitted if: (a) it would increase the risk of flooding: (i) by reducing the capacity of, or increasing flows within a flood plain; or (ii) through discharge of additional surface water; or (iii) by harming flood defences. (b) it would be at risk itself from flooding; (c) adequate provision is not made for access to watercourses for maintenance; and (d) the proposal does not include adequate flood protection measures.

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A Flood Risk Assessment will be required where it is considered that there would be an increased risk of flooding as a result of development, or the development would be at risk of flooding.

5.29 TM1 - Location of major traffic generating uses Development of major traffic generating uses will be permitted when: (a) they have good access by walking and cycling; (b) they are well located in relation to a public transport node or a route with a high frequency of service (i.e. a minimum of two services per hour from 8.00am to 6.00pm on weekdays); and (c) they are well located in relation to the Strategic Road Network as defined in the Local Transport Plan.

Where transport improvements are needed, these should be provided before any part of the development comes into use.

Major developments are defined in Appendix D. This policy will also apply to proposals below these thresholds which are, individually or cumulatively, likely to give rise to traffic generation problems.

Appendix D

B1 Light Industry, Research and 2,500m2 Development

B8 Distribution and warehousing 10,000m2

5.30 TM2 Transport Assessment All development for major traffic generating uses, including extensions and redevelopment, should be supported by a Transport Assessment (TA).

The thresholds for Major Development for transport purposes are defined in Appendix D above.

5.31 TM5 Footpath and walking within the Urban Boundary The Council will improve the safety, convenience and attractiveness of footpaths within the urban area.

A strategic network of routes will be established with priority being given to the following: (a) links into the main shopping area of Burnley and Padiham town centres, particularly from the bus and railway stations, and car parks; (b) links to District and Local shopping centres; (c) links to schools and other community facilities;

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(d) in areas with high pedestrian accident rates; and (e) routes to and through the urban areas and neighbourhoods identified in Policy H9 – “Regenerating Deprived Urban Areas and Neighbourhoods”.

5.32 TM7 Cycling Network In order to improve the safety, convenience and attractiveness of cycle routes and facilities, a strategic network, shown on the proposals map, will be developed and protected from inappropriate development. Proposals which contribute to this network will be approved where they demonstrate one or more of the following: (a) an integrated, rather than incremental, approach to the provision of cycle lanes on public highways; (b) provision of off-road routes as part of the “Greenways” project; (c) provision of safe, preferably covered, cycle parking at bus and rail stations, at key locations within town, district and local centres and within new development in accordance with Policy TM15: “Car Parking Standards”; (d) provision of “cycle friendly” infrastructure such as advanced stop lines at traffic lights and “toucan crossings” of major roads; and (e) Transport Assessments and Travel Plans to audit on-site facilities and off-site linkages and identify measures to enhance these.

The Council will actively support the development of cycle-way facilities as part of the East Lancashire Regional Park including the development of links to the National Cycle Network.

5.33 TM15 Car Parking Standards Development should make provision for the on-site parking of vehicles, including motorcycles and bicycles up to a maximum level set out in standards in Appendix C and any subsequent revisions. Provision for cars in excess of these standards will not be permitted. The parking levels for cycle, motor cycle and disabled parking are minimum standards.

Appendix C

B1(a) Office 1:37 – 1:41

B8 Distribution and warehousing 1:210 – 1:235

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Burnley’s Emerging Local Plan (2012-2032)

5.34 The emerging Burnley Local Plan (2012-2032) was submitted on 20th July 2017 and the Examination in Public Hearings were held in November 2017. The weight attributed to each policy is determined by the level of significant unresolved objections to that policy.

5.35 Policy SP1: Achieving Sustainable Development 1) When considering development proposals, Burnley Borough Council will take a positive approach that reflects the presumption in favour of sustainable development set out the National Planning Policy Framework. It will work proactively with applicants and to find solutions which mean that proposals can be approved wherever possible to secure development that improves the economic, social and environmental conditions of the Borough. 2) Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in any neighbourhood development plans) will be approved without delay, unless material considerations indicate otherwise. 3) Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision, the Council will grant permission unless material considerations indicate otherwise - taking into account whether: a) any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or b) specific policies in the National Planning Policy Framework indicate that development should be restricted.

5.36 Policy SP3: Employment Land Requirement

1) Over the 20-year period from 2012 to 2032 provision will be made to deliver around 90 hectares of employment land.

a) Employment Land requirement 2012- 2032 90 Ha b) Completions - 1 April 2012 to 31 March 2016 12.43 Ha c) Commitments 14.83Ha i) Of which number of sites under construction as 13.5Ha at 31 March 2016 ii) Of which developable sites with planning 1.33 Ha permission under the 0.4Ha allocation threshold as at 31 March 2016 d) Residual Requirement to be met by site 62.74Ha allocations 2) The employment land requirement will be provided for in line with the overall Development Strategy identified in Policy SP4.

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5.37 Policy SP4 Development Strategy [Relevant Extract] 1) Development will be focussed on Burnley and Padiham with development of an appropriate scale also supported in the following main and small villages 1 Principal Burnley Role & Function: Principal service centre for the Town Borough and home to the majority of the borough’s population and a town of a sub-regional importance for retail, leisure and public administration and services with excellent public and private transport links. Development Scale Housing: Large scale, major and a variety of smaller sites to deliver a comprehensive range of choice of types and tenures. Employment: Large scale, medium and a variety of smaller sites to deliver a comprehensive range of units for new and existing businesses and employment opportunities for new and existing residents. Retail: Sub regional centre for retailing and the principal retail destination for the borough. Town centre with defined Town Centre boundary and defined primary Shopping Area and Primary and Secondary Frontages where new development will be concentrated including through a new allocation and by virtue of its size.

3) In considering the acceptability of development proposals on allocated and unallocated sites within these Development Boundaries, consideration will also be given to: a) Whether schemes appropriately re-use existing buildings and infrastructure; or b) Whether schemes make use of previously-developed land that is not of recognised high biodiversity value; or c) Whether proposals use greenfield land and are otherwise in accordance with the policies in the Plan. In such cases, development will be expected to: i. Clearly and demonstrably contribute to increasing choice and be of the highest quality possible; or ii. Be for the provision of an important community facility; or iii. Demonstrate the highest sustainability standards, through: • A BREEAM Assessment or equivalent to achieve ‘Very Good’; or • Building for Life 12 accreditation; or • Two or more of the Optional Housing Technical Standards30; or • Achieve fabric energy efficiency levels above the Building Regulations such as Passivhaus or equivalent; or • Include significant on-site renewable or low carbon energy generation (a minimum of 10% of the predicted annual energy requirements); and iv. Avoid the Best and Most Versatile agricultural land.

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5.37 Policy SP5: Development Quality and Sustainability The Council will seek high standards of design, construction and sustainability in all types of development. Proposals will be expected to address the following minimum requirements, as appropriate to their nature and scale:

1) Energy Efficiency a) Incorporate measures to minimise energy and water consumption; b) A BREEAM Assessment must be carried out for all non-residential development with a floor space above 1,000 m2 and a rating of ‘Very Good’ or better will be expected; c) Seek opportunities for on-site energy supply from renewable and low carbon energy sources; and d) Seek opportunities to contribute to local and community-led renewable and low carbon energy initiatives;

2) Design and Layout a) Respect existing, or locally characteristic street layouts, scale and massing; b) Contribute positively to the public realm and avoiding unnecessary street clutter; c) Maximise the benefits of any waterfront locations; d) Provide for new open space and landscaping which enhances and/or provides mitigation against loss of biodiversity and assists with the physical and visual integration of new development; e) Have respect for their townscape setting and where appropriate, landscape setting; f) Be orientated to make good use of daylight and solar gain; g) Ensure there is no unacceptable adverse impact on the amenity of neighbouring occupants or adjacent land users, including by reason of overlooking; h) Not result in unacceptable conditions for future users and occupiers of the development; and i) Provide adequate and carefully designed storage for bins and recycling containers. These should be located or designed in a way which is both convenient and safe for occupants and supports the quality of the street scene.

3) Key Gateways a) Where development is at or highly visible from a Key Gateway identified on the Policies Map, it should address in its design, orientation and layout, the Key Gateway and its particular nature/location and include where appropriate: i) a landmark building; ii) landmark tree planting; iii) public art (can be incorporated into the public realm); or iv) a carefully designed gentle transition from countryside to town.

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4) Materials a) Use a palette of high quality materials which are appropriate to the local context in all respects including: type, colour, texture, element size and laying pattern and avoid unnecessary and excessive patterning; b) Where contemporary materials are appropriate, use these in manner which respects the established character of the locality; and c) Wherever practical, use low embodied energy materials, including materials that are sourced locally or involve the appropriate reuse of existing resources through the conversion of existing buildings or reuse of demolished structures.

5) Accessibility a) Seek to incorporate and promote sustainable methods of transport, including cycle routes, walking routes and good links to public transport; b) Be inclusive and accessible to all and promote permeability by creating places that connect with each other and with existing services and are easy to move through; and

6) Security a) Be designed with the safety and security of occupants and passers-by in mind, helping to reduce crime and the fear of crime including through increasing the opportunity for natural surveillance.

5.38 Policy EMP1: Employment Allocations (Application site included as EMP1/6) 1) Over the 20-year period from 2012 to 2032, provision will be made to deliver 90 hectares (Ha) of employment land across the borough in line with Policy SP3. 2) The sites listed below, as identified on the Policies Map, are allocated for employment use* and are protected for the employment uses specified. (*Sites EMP1/7 and EMP1/11 are allocated for a mixed-use development and the policy requirements set out in this policy include both uses.) 3) Development on these sites will be acceptable for the specified use classes and will be required to be delivered in accordance with the specific requirements set out, together with the requirements of other policies set out elsewhere in this Plan. 4) The Council will consider withdrawing permitted development rights to protect the sites for the employment uses proposed.

23 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Additional and Site-Specific Policy Requirements and Design Principles

1) An 8-metre easement around the two streams is required (indicated in blue on the above site plan). 2) New walking and cycling facilities and routes will need to be provided on the site, connecting the new development to the existing route network. There is a public right of way which runs along the western boundary of the site which will need to be retained/re-routed within the site and improved as part of any development (dashed line on site plan above). Contributions will be sought for the provision of a defined on-road cycling route connecting to the existing network in accordance with Policy IC4. 3) Screen planting will be required on the northern and eastern boundary of the site as part of a wider landscaping scheme to reduce the impact of any development on the adjacent residential properties and surrounding landscape. 4) Potential ecological impacts should be considered as Protected Species have been recorded and the site is identified within a stepping stone within the Lancashire Ecological Networks for woodland and grassland. An ecological survey will be required to accompany any application which identifies addresses the Protected Species and maintains the Ecological Network in accordance with Policy NE1.

5.39 Policy NE1: Biodiversity and ecological 1) All development proposals should, as appropriate to their nature and scale, seek opportunities to maintain and actively enhance biodiversity in order to provide net gains where possible.

Development affecting Sites of National and International Importance 2) Development proposals which are likely to have a significant effect on a European Site (SAC/SPA) (either individually or in combination with

24 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

other plans and projects) should be subject to an Appropriate Assessment. Development that is considered to adversely affect the integrity of a European Site will not be permitted. 3) Development proposals will not be permitted where there is likely to be an adverse effect on sites of national importance for biodiversity and/or geology. In exceptional circumstances, development proposals may be considered acceptable where the benefits of the development clearly outweigh both the impacts that the development is likely to have on the defining features of the site and the broader impacts on the national network of that designation. Where adverse effects are unavoidable, these should be minimised and mitigated against, and where this cannot be achieved, compensated for.

Development affecting local and regional sites 4) Development proposals will not normally be permitted where there is likely to be an adverse effect on sites identified as being of local or regional importance for biodiversity and/or geology unless the benefits of the development clearly outweigh the impacts that the development is likely to have on the key ecological features of the site and the wider Ecological Network. Where an adverse effect is likely, applications should be accompanied by a detailed ecological assessment from suitably qualified or experienced persons. Where adverse effects are unavoidable these should be minimised and mitigated against, and where this cannot be achieved, compensated for.

Development affecting Protected and/or Priority Species and Priority Habitats 5) Where sites are known or likely to house Protected Species, Priority Species and Priority Habitats, surveys should be carried out by suitably qualified or experienced persons to establish the presence, extent and density of these species and habitats before planning applications are determined and appropriate measures should be taken to safeguard these habitats and species before any development commences. 6) For Protected and Priority Species, the first preference is to avoid disturbance, the second to provide suitable inter-connecting new habitats for these species within the development site. If this is not feasible, suitable alternative habitats should be provided such that there is no net loss of biodiversity. 7) For Priority Habitats, where practicable, areas of Priority Habitat should be retained, enhanced or created within the development site, or, suitable alternative habitat created elsewhere. If this is not feasible, contributions towards the cost of habitat creation or improvement elsewhere may be required. Where for reasons of viability none of the above solutions are possible, the benefits of the development should clearly outweigh the loss of the habitat concerned.

Maintaining Ecological Networks 8) Where development may adversely affect the effective functioning or connectivity of Ecological Networks defined on the Policies Map, in

25 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

addition to meeting any of the above listed policy requirements, schemes should: a) Where practicable, retain and enhance existing landscape and natural features (e.g. trees, hedges, river banks, watercourses, water bodies and important habitats) in accordance with Policies SP6 and NE2; and b) Ensure an alternative corridor can be provided to ensure equivalent connectivity is maintained.

5.40 Policy NE5: Environmental Protection 1) Development proposals, as appropriate to their nature and scale, should demonstrate that environmental risks have been evaluated and appropriate measures have been taken to minimise the risks of adverse impacts to air, land and water quality, whilst assessing vibration, heat, energy, light and noise pollution both during their construction and in their operation.

Air Quality 2) The Council will seek to ensure that proposals for new development will not have an unacceptable negative impact on air quality and will not further exacerbate air quality in AQMAs or contribute to air pollution in areas which may result in an AQMA. Applicants should consult with the Council’s environmental health service to establish if the proposed development is located within an AQMA. 3) An air quality assessment will be required where a development may result in a significant increase in air pollution or lead to a significant deterioration in local air quality resulting in unacceptable effects on human health, local amenity and/or the environment. Assessments shall address the following: a) The existing background levels of air pollution; b) Existing developments and sources of air pollution throughout the borough and the cumulative effect of planned developments; and c) The feasibility of any mitigation measures that would reduce the impact of the development on local air quality. 4) The Council will support and promote the provision of charging points for ultra-low emission vehicles.

Light Pollution 5) New lighting schemes should be appropriate to the type of development and its location. Proposals for outdoor lighting should not have an unacceptable adverse impact by reason of light spillage or glare on neighbouring building/uses, the countryside, highway safety or biodiversity in line with Policy NE4. Where appropriate, a light impact assessment will be required as part of the application submission.

Noise Pollution 6) Developments generating noise which is likely to create significant adverse impacts on health and quality of life and cannot be mitigated and controlled through the use of conditions or through pre-existing effective legislative regimes, will not be permitted.

26 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Contaminated Land 7) On sites that are known to be or potentially contaminated, applicants will be expected to carry out an appropriate survey by a suitably qualified and experienced specialist. a) A Phase 1 Desk Study will be required for any application which results in a sensitive end use on a site where such a site is or may be contaminated by virtue or previous users. b) A Phase 2 Study will be required if the site is known or identified as having high levels of contamination. A Remediation Strategy shall be provided by the developer to bring the site to an acceptable level of condition which is relevant to the proposed use.

Unstable Land 8) On sites that are known to be or where there is reason to suspect them to be unstable and the risk of instability has the potential to materially affect either the proposed development or neighbouring uses/ occupiers, applicants will be expected to carry out an appropriate assessment by a suitably qualified and experienced specialist to demonstrate that the proposed development is safe and stable or can be made so. This should: a) Include a preliminary assessment including a desk-based survey of the previous uses of the site and their potential for instability in relation to the proposed development; and b) Where the preliminary assessment establishes that instability is likely but does not provide sufficient information to establish its precise extent or nature, site investigation and risk assessment must be carried out to determine the standard of remediation required to make the site suitable for its intended use. 9) Where remediation, treatment or mitigation works are considered necessary to make the site safe and stable and/or to protect wider public safety, conditions or obligations will be imposed to ensure appropriate works are completed prior to the commencement of development or in accordance with an alternative programme agreed.

Water Quality 10) Development will not be permitted where it would have an adverse effect on the quality or quantity of groundwater resources or watercourses and water bodies.

5.41 Policy CC4: Development and Flood Risk 1) The Council will seek to ensure that new development does not result in increased flood risk from any source or other drainage problems, either on the development site or elsewhere. 2) No development should take place within 8m of the top of the bank of a watercourse either culverted or open, unless this approach is supported by the Environment Agency or Lead Local Flood Authority. Proposals involving the creation of new culverts (unless essential to the provision of access) will not be permitted. 3) Culverts should be opened up where possible to improve drainage and flood flows.

27 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Sequential Test 4) New development on sites not allocated for the use proposed in this Plan, or which do not comprise minor development or changes or use, should be located within Flood Zone 1 unless the Sequential Test as set out in the NPPF and NPPG has been satisfied.

Exception Test 5) Development in Flood Zones 2, 3a or 3b on allocated or unallocated sites will only be acceptable where it is of a compatible type as set out in the NPPG (Tables 2 and 3), satisfies the Exception Test set out in the NPPF and NPPG and meets criteria 6 ii) to vi) below.

Site Specific Flood Risk Assessments 6) Development proposals on allocated or unallocated sites: a) of 1 hectare or greater in Flood Zone 1, or in an area within Flood Zone 1 which has critical drainage problems or includes an ordinary watercourse; or b) in Flood Zones 2, 3a or 3b; should be supported by a site-specific Flood Risk Assessment taking account of the Council’s Strategic Flood Risk Assessment (or the most up to date flood risk information available) along with any evidence from the Lead Local Flood Authority (Lancashire County Council) and the Environment Agency, to establish whether the proposed development: i. is likely to be affected by current or future flooding from any source, taking into account the increased risk associated with climate change; ii. will increase flood risk elsewhere or interfere with flood flows; iii. can provide appropriate mitigation measures to deal with potential risks and effects; iv. would be likely to preclude the future implementation of necessary flood risk measures, including the improvement of flood defences; v. can reasonably maintain access and egress at times of flood; and vi. can be accommodated within the capacity of the water supply, drainage and sewerage networks.

7) Where flood defences exist that protect development sites, any site- specific Flood Risk Assessment required should also assess the risk overtopping of defences in extreme events and possible breach analysis evidence. 8) Where mitigation is required to make any identified impacts acceptable, these will be secured through conditions and/or legal agreement, including where necessary through planning contributions.

5.42 Policy CC5: Surface Water Management and Sustainable Drainage Systems (SuDS) 1) In order to assist in minimising surface water run-off from sites: a) Existing green infrastructure should be retained and integrated and where possible enhanced in line with Policy SP6; and b) The use of permeable materials should be maximised.

28 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

2) Surface water should be managed at the source and not transferred and discharged. The following order of priority for any water discharge should be adopted: a) A permeable soakaway or some other form of infiltration system b) An attenuated discharge to a watercourse c) An attenuated discharge to surface water sewer d) An attenuated discharge to combined sewer (this should be considered the last resort) 3) In respect of major developments, SUDs will be required and surface water discharges from developed sites should be restricted to QBar rates (mean annual greenfield peak flow). A drainage strategy should be submitted detailing the following: a) The types of SUDs and/or measures; b) Hydraulic design details/calculations; c) Pollution prevention and water quality treatment measures together with details of pollutant removal capacity as set out in the current CIRIA SUDs Manual C753 or equivalent and updated local or national design guidance; and d) The proposed management and maintenance regime for the lifetime of the development.

5.43 Policy IC1: Sustainable Travel 1) Development schemes should, as appropriate to their nature and scale:

Promoting Sustainable Travel a) Be located in areas well-served by walking, cycling and public transport. Where this is not achievable and where schemes are otherwise acceptable, they will be expected to contribute to providing such linkages before occupation of the site by assessing existing and predicted flows to and from the site and providing improvements that will encourage sustainable travel trips. b) Maximise opportunities for the use of sustainable modes of travel by adopting the following user hierarchy: i. pedestrians ii. cyclists iii. public transport iv. private vehicles

Safe and Convenient Access c) Provide for safe pedestrian, cycle and vehicular access to, from and within the development, including adequate visibility splays; d) Ensure convenient and inclusive accessibility to all sections of the community to, from and within developments for pedestrians, cyclists and public transport users; e) Ensure adequate access for emergency, service and refuse collection vehicles; f) For non-residential developments, secure adequate delivery, servicing and drop off facilities; g) Maintain the safe and efficient flow of traffic on the surrounding highway network;

29 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

h) Ensure existing public rights of way are retained and where appropriate improved or rerouted; and

Infrastructure i) Provide or contribute towards the provision or improvement of on or off- site infrastructure to ensure the development will not materially add to highway safety concerns or reduce the efficiency of the highway network.

5.44 Policy IC2: Managing Transport and Travel Impacts 1) Developments proposals above the thresholds in Appendix 8 should be accompanied by a Transport Assessment or Statement

Thresholds in Appendix 8 are as follows: B1 Light Industry, Research and 2,500m2 Development B8 Distribution and warehousing 5,000m2

5.45 Policy IC3: Car Parking Standards 1) Adequate car parking should be provided for developments as appropriate to their nature and scale. When applying parking standards, the Council will consider the overall merits of the proposal and the following matters/objectives: a) The need to encourage the use of alternative means of travel to the private car; b) The availability of existing public parking provision or on-street parking nearby; c) Whether any under-provision might cause or exacerbate congestion, highway safety issues or on-street parking problems; and d) The need to provide increased housing quality and choice.

Residential Development Standards 2) For residential schemes, development will be expected to provide a minimum number of parking spaces per new dwelling depending on their type and location. These minimum standards are set out in Appendix 9. Parking provision should not normally exceed the maximums set out. 3) Adequate provision for cycle parking will also be expected.

Non-residential Standards 4) For commercial and other developments, car parking provision should be adequate to serve the needs of the development but should normally be in accordance with the standards set out in Appendix 9. In areas suffering from significant on-street parking problems, greater provision will be sought, or alternative measures to address potential issues will be required.

B1 Light Industry, Research and 1 per 30m2 Development B8 Distribution and warehousing 1 per 100m2

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6.0 Principle of Development 6.1 The application site forms a part of Heasandford Industrial Estate and is allocated in the Burnley Local Plan (2006) as an employment site suitable for B1, B2 and B8. This was an allocation carried forward from the Burnley Local Plan First Review (1991).

6.2 The site is carried forward as an allocation in the submission version of the emerging Burnley Local Plan (2012-2032) as EMP1/6. The allocation includes additional and site-specific policy requirements and design principles as follows:

1. An 8-metre easement around the two streams is required (indicated in blue on the above site plan).

2. New walking and cycling facilities and routes will need to be provided on the site, connecting the new development to the existing route network. There is a public right of way which runs along the western boundary of the site which will need to be retained/re-routed within the site and improved as part of any development (dashed line on site plan above). Contributions will be sought for the provision of a defined on-road cycling route connecting to the existing network in accordance with Policy IC4.

3. Screen planting will be required on the northern and eastern boundary of the site as part of a wider landscaping scheme to reduce the impact of any development on the adjacent residential properties and surrounding landscape.

4. Potential ecological impacts should be considered as Protected Species have been recorded and the site is identified within a stepping stone within the Lancashire Ecological Networks for woodland and grassland. An ecological survey will be required to accompany any application which identifies addresses the Protected Species and maintains the Ecological Network in accordance with Policy NE1.

6.3 This planning statement will demonstrate that the site-specific policy requirements and design principles have been achieved and that the development in in accordance with the NPPF and Burnley’s adopted and emerging planning policies, and any other material considerations.

31 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.0 Material Considerations/Justification A number of reports have been prepared to support this application indicating that there are no technical constraints which will prevent employment development being delivered at the application site.

7.1 Accessibility

7.1.1 New proposals should attempt to influence the mode of travel to the development in terms of gaining a shift in modal split towards non-car travel modes, thus assisting in meeting the aspirations of current national and local planning policy.

7.1.2 The site is sustainably located with a range of key services in close proximity.

Walking

7.1.3 The Chartered Institution of Highways and Transportation (CIHT) document, entitled ‘Guidelines for Providing for Journeys on Foot’, states that 2 km is defined as a preferred maximum for trips carried out on foot. A pedestrian catchment plan can be found at Figure 3.

Figure 3 - 2 km Pedestrian catchment area

32 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.1.4 Balderstone Lane features footpaths on both sides of the carriageway at approximately 2 metres wide which link in with Widow Hill Road which also features footways on both sides of the carriageway at approximately 2.7m wide, a links the site with footways along Eastern Avenue and provides access to the surrounding residential area. The Widow Hill Road/Eastern Avenue Junction also provides a signalised pedestrian crossing facility.

7.1.5 For those travelling further distances it is important that footway networks connect to public transport infrastructure, such as bus stops, to ensure that travelling to and from the site via sustainable means is considered a viable alternative to journeys made by private car.

7.1.6 The development site is well located to facilitate access on foot to local bus stops situated on Briercliffe Road which can be accessed within 1000m walking distance of the site along continuous footways leading from the site on Balderstone Lane to Widow Hill Road/Eastern Avenue and Briercliffe Road.

7.1.7 The site is close to a section of the Brun Valley Greenway. The Brun Valley Greenway is a joint project between. Lancashire County Council, Burnley Borough Council and. Sustrans, the sustainable transport charity, promoting cycling and walking. The Greenway was made possible by generous grants from Sitatrust and Cycling England. The Brun Valley Greenway links the centre of Burnley with Briercliffe, Pike Hill and Brownside. Starting from Burnley Central station, it passes through parks and along wooded river valleys out into the countryside.

Cycling

7.1.8 An alternative mode of travel to the site could be achieved by bicycle from the surrounding residential areas. The site is well served by cycling facilities, being located close to a number of recommended on road cycle routes, linking the site with the town centre, with formal cycle lanes being provided on Eastern Avenue.

7.1.9 A distance of 5 kilometres is accepted as a distance for which cycling could replace short car journeys. Figure 4 identifies the 5 kilometre catchment for the acceptable cycling distance from the site. At a leisurely speed of 12km per hour a 5 kilometre cycling journey equates to around a 25-minute cycling time. The plan demonstrates that the majority of Burnley along with the outlying areas of Brierfield and Nelson are within the 5km cycling catchment of the site.

7.1.10 On‐site covered and secure cycle parking facilities will be introduced as part of the proposed development.

33 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.1.11 It should be noted that the Brun Valley Greenway Off-road cycle route runs adjacent to the site and will be diverted as part of this application.

Figure 4 – 5km Cycle catchment area

Public Transport

7.1.12 As previously stated the closest bus stops to the site are located on Briercliffe Road. These are accessible approximately 900 metres walking distance from the access to the position of the proposed warehouse. The northbound stop is pole mounted and southbound stop features a shelter facility and timetable information. Further stops are situated on Casterton Avenue.

7.1.13 Local bus services, their destinations and frequencies from the nearest bus stops to the site on Casterton Avenue and Briercliffe Road are shown below in Figure 5.

34 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Figure 5 – Bus services and frequencies Service Route Mon-Fri No Frequency per hour Sat Sun AM Midday PM Evening Peak Peak Worsthorne – 2 Burnley – BGH – 2 2 2 1 2 1 Nelson – Higherford Rosegrove – Burnley 2 2 2 1 2 1 4 – Harle Syke

Rosegrove – Burnley 2 2 2 1 2 1 5 – Harle Syke

Burnley – BGH – 1 1 1 1 1 0 95 Nelson – Marsden Park - Colne

7.1.14 Figure 5 above demonstrates that there are three regular bus services operating within the vicinity of the site providing a link with the centre of Burnley and the surrounding residential areas on regular frequencies both during the week and weekend.

7.1.15 There are two train stations available via a 20-minute bus journey and a short walk.

7.1.16 Burnley Manchester Road train station offers hourly services to Blackpool North, York, Wigan Wallgate, Clitheroe, Blackburn and Manchester Victoria. Burnley Central train station offers hourly service to Colne and Blackpool South.

Conclusion

7.1.17 In summary, the site lies on the edge of an established industrial estate, with access to several alternative modes of transport to the private car. It is therefore concluded that the application site within the Heasandford Industrial Estate can be considered to be well served by public transport and with the provision of electric charging points and bicycle parking within the site it also promotes the use of sustainable transport modes.

7.1.18 The proposed development is in accordance with Policy TM1 of the Burnley Local Plan (2006) in that it has good access by walking and cycling, it is well- located in relation to a public transport node and well located in relation to the Strategic Road Network.

7.1.19 The proposed development is also in accordance with Part 1 of Policy IC1 of the emerging Burnley Local Plan (2012-3032) for the reasons identified above.

35 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.2 Access/Parking

Access

7.2.1 The site is located off Balderstone Lane at the north eastern section of Heasandford Industrial Estate. The adopted highway (Balderstone Lane) which runs from Widow Hill Road to the application site terminates at a turning circle, from which the Lancashire County Council Recycling Depot is accessed.

7.2.2 The proposal incudes two access point from Balderstone Lane as follows:

• Staff access to underground parking from the turning circle. • Customer/delivery access to the main site

36 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.2.3 Pedestrian access will be via the underground car park. Disabled and cycle access and parking will via the main car park, adjacent to the office building.

7.2.4 The proposed access to the main car park/servicing area is 7.3 metres wide to allow access by HGV’s to the servicing area, with no conflict to other road users.

Parking

7.2.5 Car parking is provided in three car parks above ground and a further staff car park below ground. The total number of spaces amounts to 72 spaces with 4 being disabled and located close to the main entrance. In addition, cycle parking is provided adjacent to the office building and secure cycle provision is in the underground parking area.

7.2.6 With regard to the required provision in the Council’s parking standards, as follows:

Burnley Local Plan (2006) Policy TM15

B1 (a) 1:37 to 1:41 18 – 20 spaces

B8 1:210 to 1:235 23 – 26 spaces

Burnley Local Plan (2012 – 2032) Policy IC3

B1 (a) 1:30 25 spaces

B8 1:100 55 spaces

7.2.7 Whilst the provision satisfies the car parking standards in the adopted local plan, it underprovides in terms of the provision in the emerging local plan. However, the site as detailed in the previous section is in an accessible location, and this represents a valid argument in the reduction of provision on site. The site proposes sufficient parking for the proposed operations.

Conclusion

7.2.8 The proposal provides a suitable and safe access to the development for all modes of transport, and sufficient parking provision for the proposed operations. The proposed development is in accordance with the relevant policies in the Burnley Local Plan (2006) and Policies IC2 and IC3 of the emerging Burnley Local Plan (2012-2032)

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7.3 Impact on Ecology

Original Ecological Report

7.3.1 Ecology Services Ltd was originally commissioned to oversee ecological works for the area of land off Balderstone Lane, Burnley,

7.3.2 An initial ecological survey was undertaken in 2006, however habitats can change within this time period and a re-assessment of the ecological value of the land was recommended in the form of an Extended Phase 1 Habitat Survey of the proposed development land and wider area. Given the findings of the original survey, a pre-assessment visit was undertaken in November 2016 and it was determined that the Extended Phase Habitat Survey should be delayed until late spring 2017 whereby a more comprehensive botanical species list could be affirmed to better inform upon potential impacts and recommendations.

7.3.3 The Extended Phase 1 Habitat Survey was undertaken in June 2017 by Ecology Services. The purpose of the survey was to:

1) identify and map all habitats occurring within the survey area, 2) identify the presence of (or potential for) wildlife interests with particular reference to the need for further surveys and legal requirements, and 3) provide an ecological assessment, identifying potential impacts and provide recommendations pertaining to the proposed development.

7.3.4 The recommendations of Section 5 of the Extended Phase 1 Habitat Survey are as follows:

Habitats Impacts and Recommendations Two non-statutory protected Biological Heritage Sites (BHS), River Don BHS (350m south), Michelin Factory & Smallshaw Ind. Est BHS (700m south west), and two District Wildlife sites; Mill Plantation DWS (500m east of the site) and Heasandford DWS within the footprint of the site.

None of the BHSs will be impacted by the development, however there will be a loss of the habitats indicated on the Heasandford DWS, which may be a material consideration in the determining of future planning applications for the site.

The survey found the site to contain three UK Habitats of Principal Importance, Lowland Dry Acid Grassland, Lowland Meadows and Lowland Heathland and a Local BAP Habitat, Species-rich Neutral Grassland.

38 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Habitats within the wider survey area and the development site are considered suitable to support European and Statutory Protected Species, UK Species of Principal Importance and Local BAP species.

The Office of the Deputy Prime Minister (ODPM) Circular 06/2005, states that Habitats and Species listed as Principal Importance, formerly UK BAP’s, are capable of being a material consideration in the making of planning decisions.

In brief the National Planning Policy Framework (NPPF) is asking the Local Planning Authority to have an aim to conserve and enhance biodiversity and that any new developments should ensure that there is a minimum of no net loss of biodiversity at a site and result in an overall biodiversity gain.

The following sections briefly evaluate each habitat that is impacted by, or adjacent to the site that may be impacted by the proposed development, provides advice upon each habitat of ecological value and the species it is considered suitable to support.

Woodlands Broad-leaved Semi-Natural It is recommended that all development works close to the woodland along the Walshaw Clough within the wider survey area takes great care to avoid indirect impact and to maintain adequate tree root protection measures in accordance with BS 5837:2012 Trees in relation to design, demolition and construction.

Scrub Dense/Continuous & Scattered The dense area of bramble scrub identified to the northeast of the site must be treated as a valuable wildlife habitat, particularly for breeding birds.

Loss of this scrub should be minimised if at all possible. If this is not possible then areas of land should not be managed, and scrub succession allowed to naturally re-develop. To negate interim losses ideally several bird boxes of various types should be located within woodland or scattered trees within the wider survey area or close environs. Advice from a competent ecologist should be sourced as to the preferred location and types of nesting boxes used.

Any works within scrub habitat may need to take into account protected and priority species prior to works. Please refer to the relevant species section prior to works.

Unimproved Grasslands (Acid/Neutral) Of the whole development footprint area (1.54 Ha), 1.07Ha contains acid unimproved grassland (a UK Habitat of Principal Importance) with an

39 Planning Statement – Land at Balderstone Lane, Burnley – June 2018 additional 0.4Ha of neutral unimproved grassland along the development footprint boundaries.

The development will result in the total loss of the acid unimproved grassland with a potential partial loss of neutral unimproved grassland. Unimproved acid grassland requires specific conditions to thrive which cannot be easily replicated; however, it is considered that, over time, this grassland will not persist in its present condition in such an isolated position and would eventually colonise over to scrub.

However, the neutral unimproved grassland habitat has scope for further colonisation and can be undertaken by adopting a sympathetic ecological management plan by the storage and re-distribution of removed top soil with regards to post development grassland restoration and maintenance.

The management plan should first be approved by the relevant planning authority prior to permission being granted. Any works within grassland habitat may need to take into account protected and priority species prior to works. Please refer to the relevant species section prior to works.

Dry Heath/Acid Grassland Mosaic The development plans show that this habitat will be lost to the development. However, the heather and associated topsoil can be stored for potential re- instatement and translocation and should be adopted into the post development 5-year management plan.

The heather should be removed along with its base soils (up to 30cm) and stored on site within container/pallets to prevent inadvertent improvement of the soil. The heather should be watered on regular basis to prevent drying out.

The management plan should first be approved by the relevant planning authority prior to permission being granted.

Species Impacts & Recommendations The following sections provide impacts and recommendations upon species that the development has the potential to affect. Species reviewed in Section 4 that are not affected by the proposals have been omitted.

Badger No signs of badger were found during the Extended Phase 1 Habitat Survey within the development site or within 30m of the proposed works. Therefore, there are no apparent implications with regards to development and badgers at the time of survey.

40 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

However, habitats are considered suitable to support badger within the wider survey area and the site and, as badgers can be highly transient, as best practice it is recommended that a pre-development badger survey is undertaken immediately prior to development/ground clearance works commencing on site.

Bats The wider survey area contains habitats that are considered ideal for bat species including roosting and foraging habitats, these include wooded cloughs, the River Don, woodland, pastoral farmland, rough grassland and marshy grassland. Therefore, it is highly likely that bats are present within the survey area.

The development site is of a relatively large size (approximately 1.8 hectares) and contains features that provide suitable habitat for foraging bats. It is considered that a large majority of habitats within the site will be lost due to the proposed development. Furthermore, it is also considered that the site has direct habitat linkage to habitats within the wider environment, including potential bat commuting routes located along Walshaw Clough located directly to the east of the site and the ditch located to the east of the site boundaries; it is likely that these habitats located on the site boundaries will have the greater amount of bat activity levels.

As the habitats on site (limited in their complexity) are suitable to support limited numbers of foraging bats species and habitats directly adjacent to the site may potentially support higher levels of bat activity, the site is assigned a ‘Low Suitability’ in accordance with guidance provided within Collins, J. (ed.) (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines.

Sites categorised as ‘Low Suitability’ are recommended to be subject to three transect surveys, spaced widely throughout the bat activity season (April-October inclusive); this involves ecologists walking a predetermined transect route on site in order to observe, listen for and record bat activity within the site and habitats bordering the site.

It is also recommended (in line with published guidance) that the supplementary use of static detectors be used in conjunction with the walked transect surveys; one static detector should be positioned within the site boundaries for a period of at least five consecutive nights three times during the bat activity season.

Birds The development proposals include impacts to grassland and dense scrub which may be used by breeding birds and. However due to high frequency of public access and dog walking within the site this is thought to be fairly constrained to within the dense scrub only.

41 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

However, as best practice, if works are to be undertaken during the breeding bird season, which runs from March to September inclusive, then an assessment by an ecologist for breeding birds within the scrub should be undertaken prior to works. If breeding birds are found, it is likely that works will have to be delayed until breeding has ceased. It is good practice to remove all affected breeding bird habitat, especially the scrub, during the winter months prior to works starting to prevent delays.

Options to avoid disturbance for Schedule 1 species will need implementing if a Schedule1 species is found to be present on site.

Otter The survey has identified features suitable to support otter within the wider survey area that might provide otter with holt habitat or temporary refuge/laying up areas.

It is recommended that a full otter survey of Walshaw Clough and connecting habitats is undertaken to fully assess the impacts upon otter resulting from the proposed works.

Invasive Plant Species Himalayan Balsam Himalayan balsam was located within the wider survey area along the banks of Walshaw Clough. The client is made aware of the potential for this species to rapidly encroach and is advises to undertake periodic checks, post-landscaping. If Himalayan balsam is found to be spreading beyond the Walshaw Clough corridor, the client is recommended to contact a certified invasive species contractor for further advice.

Other Recommendations Management Plan It is recommended that a 5-year management plan is adopted in areas where neutral unimproved grassland and dry heathland re-instatement and enhancement works are proposed. This will ensure that there is no net loss of biodiversity to development in the long-term.

Biodiversity Recommendations In line with current planning policy new developments should try and ensure that there is a minimum of no net loss of biodiversity at a site and result in an overall biodiversity gain.

There will be a loss of habitat on site (lowland acid grassland/dry lowland heath); however, landscape proposals should ensure that any losses are mitigated for through enhancement and translocation of existing habits. It is

42 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

recommended no new topsoil is brought in and that existing topsoil is used for landscaping to retain the soil integrity and seed bank.

Further possible recommendations to ensure that there is an overall biodiversity gain are as follows: • Installation of 2 bat boxes on the outside of the new buildings and warehouse (subject to advice). • Installation of 6 house martin nesting cups along the eaves of warehouse. • Creation of a small balancing pond, located within unimproved neutral grassland area to the southwest of the site.

Addendum to Ecological Assessment

7.3.5 Following the above work being carried out, further work has been undertaken in relation to protected species and ecology/biodiversity by Bowland Ecology. The addendum seeks to clarify the ecological interest on site and the recommendations for mitigation, compensation and management of the site during construction and operation of the development. The recommendations are as follows:

• The Extended Phase 1 Habitat Report (June 2017) recommended extensive additional survey for bat activity, otter survey, badger survey and a 5-year habitat management plan. Following the site walkover, the following amendments to the additional survey requirements and advice are considered appropriate: • Otter survey is not required given the nature of the adjacent streams and the lack of records in the area (see below for detailed explanation). • Extensive bat activity surveys are not required. Static detectors surveys are considered to be sufficient given the size and nature of the site and the availability of habitat in the surrounding area (see below for detailed explanation). • A pre-works badger survey is considered to be a reasonable precautionary approach given the presence of suitable habitat in the immediate surrounding area to the site. • Although the site is recognized as a District Wildlife Site (DWS), it is considered that the habitats on site are not ‘good’ examples of their type given the disturbed nature of the site. Landscaping areas within the site boundary will be available to provide mitigation and will allow for the replacement/translocation and enhancement of the habitats in order to maintain the ecological interest of the site. Given that the habitats on site are somewhat degraded (see full description below) due to bike/vehicle use, the development may offer an opportunity to improve the quality of the remaining habitat areas. In addition, the corridor of the Lancashire Ecological Network which encompasses

43 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

the site (as a ‘stepping stone’ area) will not be severed as a result of the development and will be potentially improved though habitat enhancement. A habitat management plan is considered to be appropriate in order to ensure the re-instated habitats become established and the ecological interest of the site is maintained.

7.3.6 In line with the recommendations proposed in the addendum to the Ecology report, the applicant agrees to retain any topsoil on the site and incorporate it within the proposed landscaping scheme.

7.3.7 A landscaping scheme will be developed during the construction phase of the development. Boundary treatment includes a 2.4 metre palisade fence on the perimeter of the site with deterrent planting adjacent to the fencing within the site.

Conclusion

7.3.8 The corridor of the Lancashire Ecological Network which encompasses the site (as a ‘stepping stone’ area) will not be severed as a result of the development and will be potentially improved though habitat enhancement, both adjacent and within the site. Subject to the recommendations included in the Ecological Assessment above, there will be no detrimental impact on the biodiversity in the surrounding area. This proposal is in accordance with Policy E4 of the Burnley Local Plan (2006) in that the proposal will not have any detrimental effect on the ecological network on the site, will seek to increase biodiversity through planting within the site and will not have any adverse effect on the effective functioning of the ecological network in the surrounding area.

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7.4 Ground Conditions/Coal Mining Risk Assessment

Phase 1 GeoEnvironmental Desk Study

7.4.1 A Geo-Environmental Report is submitted alongside this application. The report comprises of a site reconnaissance visit and a review of the following published information sources. The report concludes as follows:

The likelihood of contamination on the site is MODERATE TO LOW.

There are a number of coal mine shafts on site, some of which have been treated.

The site is underlain by Devensian Till superficial deposits and the Pennine Lower Coal Measures Formation.

Recommendations

An intrusive investigation should be undertaken to establish geotechnical parameters for the design of foundations, floor slabs and pavement construction for the proposed new structure.

A site investigation is also required in order to assess the potential for soil, ground gas and groundwater contamination. The extent of this investigation should be developed after a gap analysis of the existing site investigation report.

As the site lies within a Coal Authority Development High Risk Area a Coal Mining Risk Assessment will be required.

Due to the size of the site a Flood Risk Assessment will be required.:

Coal Mining Risk Assessment

7.4.2 A Coal Mining Risk Assessment has been submitted alongside this application and states the summary of risk as follows:

Proven Mineworkings are located in the western sector of the site associated with the Arley Mine coal seam. These workings are considered to be beyond the range of influence of the surface due to the thickness of rock cover.

The site is located within a Development High Risk Area due to probable shallow mineworkings associated with a locally outcropping coal seam, the Dandy Mine. This coal was of inferior quality (compared to the underlying Arley mine coal seam) but was worked across the Burnley coalfield.

45 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Previous site investigation boreholes have found the Dandy mine coal seam to be intact with no loss of drilling flush or voiding of overlying strata. The boreholes however were located approximately 100m apart and therefore could have avoided worked areas. The coal seam has very little rock cover but is separated from the surface by a thick (13.4m to 21.7m) sequence of glacial clays.

It is therefore possible that if the seam was worked could in time cause overlying strata to collapse with voids migrating to the surface through the glacial clay strata. However, it is generally recognised that particularly thick superficial deposits (>10m) can contribute to surface stability where there may otherwise be insufficient rock cover.

A practice that has been employed and accepted by many is that competent glacial till may provide a contribution to the rock cover equivalent to half its thickness (i.e. half of the glacial till thickness would be considered equivalent to rock of that thickness). The concept considers the effect of till in mitigating subsidence and can be best considered relative to the conjectured span of failure that may reach rockhead level from a roof collapse. The failure mechanism in a conical collapse, for example, assumes that the span of the failure will reduce with increasing height of migration. So, in a 10t scenario, it would be reasonable to expect that the span would be 25 to 50 per cent of its width within 5t height above the workings in a conical failure. In these circumstances, a layer of till of thickness 10t (5t in equivalent rock) would satisfy the stability criterion.

Shaft 386434-015 and Shaft 386434-016 have been fully grouted and incorporate an inverted concrete plug.

Shaft 386434-017 and Shaft 386434-014 could not be found during a trenching site investigation in 2018.

Shaft 386434-018 is located within a landscaped area of the site and does pose a risk to the development.

7.4.3 The proposed mitigation strategy is as follow|:

Shaft 386434-015 and Shaft 386434-016 are located in an external area. The two areas should be reinforced with a geogrid in order to minimise any residual settlement.

Design changes due to Coal Mining Legacy

7.4.4 The design of the proposal has had to take account of the constraints of the site, specifically, the topography and the heights and positions of the capped

46 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

mineshafts. This has resulted in several design changes to ensure maximum efficiency of the site, without any impact from the constraints, and complying with the requirements of the Coal Authority.

Figure 6: Original design concept – This was amended following initial contact with the Coal Authority in 2017 in relation to the position of the mine shafts.

7.4.5 The proposed layout and levels were reworked to accommodate the mineshafts to ensure that no shafts were built over.

Figure 7: First amendment to ensure building does not encompass capped mine shafts.

47 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Figure 8: Second amendment to reflect client’s needs at the site.

7.4.26 The final design reflects the client’s requirements for the site, whilst taking account of the coal mining legacy, topography and location of the mineshafts.

7.4.27 With regard to the mineshafts, the building arrangement shows as follows:

• Shaft 14 is located within the landscaping to the rear of the site, with the retaining wall/gabions which will support the levels of the land to the rear. • Shaft 15 is located within the servicing yard. (Reinforced concrete). • Shaft 16 is located within the servicing at a distance of 9.7metres from the corner of the portal framed building which will comprise the warehouse. • Shaft 17 (Conjectured) is located beneath the floor of the covered loading bay, which is a portal framed (reinforced concrete). • Shaft 18 is located in the landscaped area adjacent to a low retaining wall to support the earth used to form the landscaped area

7.4.28 The sustainable drainage system (SuDS) will incorporate a swale which will be lined and will have a discharge via a hydrobrake to the neighbouring watercourse to the west of the site.

Conclusion

7.4.29 The design has been amended to accommodate the constraints of the site, and it is considered the final proposal achieves the client’s requirements for

48 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

the site, whilst addressing the topography of the site, and ensuring the mineshafts are avoid as much as possible.

7.4.30 The proposed development in accordance with the recommendations in the Geo-environmental report submitted alongside will not result in any impact on the groundwater, soil or stability of the land. This proposal is in accordance with Policy GP7 of the Burnley Local Plan (2006), and the relevant sections of Policy NE5 of the emerging Burnley Local Plan (2012 - 2032)

49 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.5 Flood Risk/Outline Drainage Strategy

7.5.1 The site is located in Flood Zone 1 as shown on the Environment Agency Flood Risk Maps.

7.5.2 As the site is over a hectare in size, a Flood Risk Assessment has been submitted alongside this Planning Statement.

7.5.3 The conclusions and recommendations of the Flood Risk Assessment are as follows:

The site is located within Flood Zone 1 and is considered at Low risk of flooding from fluvial and tidal sources (<0.1% AEP) based on the Environment Agency Flood Map for Planning covering Main rivers. The site is flanked by the Ordinary Watercourses of Walshaw Clough to the west and an unnamed tributary to the east. The channel bed levels of both these watercourses are located around 2.5m below the site ground levels. In respect to historic flooding, both the Environment Agency and Lancashire County Council have confirmed that there is no record of flooding from these watercourses. It is concluded the site is not at risk of fluvial flooding.

The site is considered to have a Very Low risk of flooding from surface water ponding, with an annual probability of < 0.1%. It is concluded that surface water flooding does not pose a significant risk to the proposed development.

The site is not considered at risk of flooding from any of the following; groundwater, sewers, reservoirs, canals or other artificial sources.

Ground investigations have not been undertaken to assess the permeability of the site for infiltration drainage. However, soils in the area are known to be slowly permeable.

Historical local site investigation results from the adjacent site concur with the desk top assessment that the underlying superficial deposits do not have adequate permeability characteristics to develop an infiltration-based SuDS design for surface water.

In accordance with the SuDS hierarchy, it is recommended that the surface water drainage system is designed using an on-site attenuation system with controlled discharge to the adjacent surface watercourse.

The pre-development QBAR run-off rate has been determined in accordance with BBC Policy for restricting run-off from development sites. It is recommended that a post-development run-off rate is restricted to 8.9l/s/ha (16.9l/s for the whole site).

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The impact of climate change has been considered using the Environment Agency guidance and UKCP09 predictions. Given a projected lifetime of the development of 75-years (2092), a 30% increase in rainfall is recommended as an appropriately conservative value to use to allow for the potential impact climate change in the drainage calculations.

Assuming a peak discharge rate of 16.9l/s a total storage volume of 605m3, including the climate change allowance, is be required to attenuate the runoff from the developed site for the 100-year 6-hour rainfall event.

Based on the site topography and current proposed development plan, a single attenuation structure and flow control could be located adjacent to the southern boundary with discharge to the watercourse to the west.

Residual flood risk and exceedance has been considered in this assessment and it is recommended that: • Ground floor finished floor levels are set a minimum of 150mm above adjacent external ground levels. • The flow control chamber has a minimum orifice diameter of 150mm • A high-level overflow is installed within the flow control chamber. • External levels should as so far as is possible be set to retain exceedance flow on site and direct it back to the on-site drainage system.

Pollution prevention has been considered and in accordance with EA guidance a Class 1 Full Retention Oil Separator should be installed upstream of the attenuation structure to deal with run-off from the Goods Vehicle loading, manoeuvring and parking area.

Conclusion

7.5.4 The Flood Risk Assessment demonstrates that:

• The development does not result in increased flood risk from any source or other drainage problems, either on the development site or elsewhere.

• The development can be accommodated within the capacity of the water supply, drainage and sewerage networks.

• Surface water drainage is provided in the form of a swale which will hold the 1 in 30 levels with a hydrobrake discharge to the neighbouring watercourse.

7.5.5 The proposed development is in accordance with Policy E8 of the Burnley Local Plan and Policies CC4 and CC5 of the emerging Burnley Local Plan.

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7.6 Design

7.6.1 Burnley Local Plan policy GP3 and emerging Local Plan policies SP5 identify the quality and design of all development. The application proposes an industrial building constructed in profiled sheeting. The office building and retaining wall will be positioned and constructed so that when approaching the site along Balderstone Lane, it is visible and prominent in the streetscene, providing a focal point on the approach.

7.6.2 The overall proportions of the proposed new building have been developed to suit the operational requirements of the client.

7.6.3 Significant consideration was given to the height and appearance of the building from Lydgate, and there are a number of existing trees which will screen the development from the residential properties.

7.6.4 The overall ridge height of the main building is 15.3 metres, with the eaves being 10.35 metres. The proposed ground level is constrained by the level of the capped mineshafts detailed on Page 18 of the Geo-environmental report submitted alongside this application. The highest cap being 185.2metres AOD.

7.6.5 The warehouse building is designed in an L-shape and has a maximum length of 91.2. metres with the width being a total of 91.2 metres also.

7.6.6 The proposed materials for the main warehouse are Anthracite Grey insulated profiled sheeting with a brick skirt. The office building will be constructed in brick, with large glazed area to the front elevation. (see Figure 9 over)

7.6.7 Landscaping is proposed within the site adjacent to the perimeter fencing and will consist of the species identified in Appendix 3 of the Addendum to the Ecology Report (August 2017).

Conclusion

7.6.8 Policy GP7 of the adopted Burnley Local Plan (2006) relates to design and quality, and Policy SP5 of the emerging Burnley Local Plan (2012-2032) relates to development quality and sustainability. The proposed development is designed for its function as an industrial building. The location and layout take account of the position of the site and provides a focal point on the approach from Balderstone Lane. The size and scale has taken account of the topography and the views of the site from the residential area at Lydgate and incorporates a sustainable drainage system.

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7.6.9 The proposed development is in accordance with Policy GP7 of the adopted Burnley Local Plan (2006) and Policy SP5 of the emerging Burnley Local Plan (2012-2032).

53 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.7 Relocation of concessionary footpath

7.7.1 The concessionary footpath which forms part of the Brun Valley Greenway, currently runs adjacent to the site to the east, and through the site on the northern edge. As part of the sale agreement with Burnley Borough Council, in order to maintain and enhance the footpath/cycle route network, there is an agreed proposal with Burnley Borough Council to relocate the footpath beyond the site boundary around the northern side of the group of trees at the site.

Figure 10 relocation of concessionary footpath

Conclusion

7.7.2 The proposed relocation will enhance the quality of the Brun Valley Greenway and ensure the route is retained for cyclists, horse riders and pedestrians.

7.7.3 The relocation of the footpath is requested by Burnley Borough Council, and will enhance the provision in the immediate vicinity promoting the use of sustainable transport modes in accordance with Policy TM1 of the Burnley Local Plan (2006) and Policy IC1 of the emerging Burnley Local Plan (2012 - 2032)

54 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

7.8 Residential amenity

Sunlight/Daylight Provision

7.8.1 To the north of the application site are residential properties located on Lydgate. The residential properties are located over 60 metres from the application site.

7.8.2 When designing the proposed development, significant consideration was given to the height and appearance of the building from Lydgate, and there are a number of existing trees which will screen the development from the residential properties.

7.8.3 The overall ridge height of the main building is 15.3 metres, with the eaves being 10.35 metres. The development has been set into the site as much as is possible, however, the proposed ground level is constrained by the level of the capped mineshafts detailed on Page 18 of the Geo-environmental report submitted alongside this application. The highest cap being 185.2metres AOD.

7.8.4 Due to the distance of the site from the rear of the nearest dwelling on Lydgate, there will be no detrimental impact in terms of overlooking, or any effect on daylight or sunlight provision to any of the dwellings

7.8.5 In terms of residential amenity and the proximity to industrial uses and sites, there are three main factors which can have a detrimental effect. These are noise, air pollution and lighting. Alongside this planning statement, assessments of noise, air quality and lighting are also submitted.

Noise Assessment

7.8.6 A noise assessment was undertaken by Miller Goodall to predict the potential impact of a proposed development.

7.8.7 Long term noise measurements were made at the location of the nearest residential dwellings to the proposed site to identify the pre-development ambient and background noise levels. A noise model was assembled for the proposed development site and was used to predict the worst-case noise levels at the nearby dwellings.

7.8.8 The survey and modelling data was subsequently used to predict the potential worst-case noise impact from the activities associated with the proposed development when in use.

55 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

Noise Survey

7.8.9 The noise survey consisted of unattended measurements of external noise levels made by a noise logger between approximately 16:00 hrs. on Friday 1st December and approximately 11:00 hrs. on Monday 4th December 2017.

7.8.10 The unattended noise measurements were made at a single location in the rear garden of 49 Lydgate, Burnley BB10 2DU. It is considered that the environmental noise levels at the monitoring position were representative of the noise levels at the nearest dwellings to the proposed development site.

7.8.11 The environmental microphone was mounted in free field conditions, approximately 1.8 m above the ground floor level of the garden and at least 3.5 m from any reflecting surface.

7.8.12 The noise measurements were undertaken in accordance with BS 7445-1: 20039 by Colin Foster of Miller Goodall Environmental Services Ltd. The calibration of the sound level meter was checked before and after measurements with negligible deviation (<0.1 dB).

7.8.13 The weather conditions at the measurement position were determined both at the start and on completion of the survey, as detailed in Table 3 below. Meteorological data for the whole of the measurement period was obtained using data taken from the website (www.wundergorund.com) for a nearby meteorological station (See Appendix 2 of the Noise Assessment for full data). It is considered that meteorological conditions were appropriate for environmental noise measurements. There was negligible rainfall for the duration of the measurements and wind speeds remained light throughout.

7.8.14 Noise from existing commercial operations on the industrial estate was considered to be the dominant source at the measurement location. Noise sources included intermittent bangs and other impulsive sounds together with vehicle movements.

7.8.15 The equipment was set up to make short audio recordings whenever a threshold value was exceeded. Analysis of the recordings indicates that the maximum noise level events were caused by various sources including a low-flying aircraft and the sound of residents emptying bottles into recycling bins and intermittent sounds from the existing industrial site.

7.8.16 The representative background sound level for the night-time period at the nearest noise sensitive receptor is deemed to be 32 dB LA90,15min.

7.8.17 The representative background sound level for the day time period at the nearest noise sensitive receptor is deemed to be 38 dB LA90,1hour.

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Computer Modelling

7.8.18 Predictions of noise levels associated with the development proposals have been undertaken using the CadnaA noise modelling package.

7.8.19 The general horizontal plan information of the area surrounding and including the proposed development site was imported from Google Earth. This was used to determine road positions, existing building footprint areas and relative locations, and is considered accurate to within 5%. Building height information was based on site observations.

7.8.20 Topographical data for the existing site was obtained digitally, in 2m contours, from the EMap website. This was then modified in order to account for the proposed excavations and groundworks. Details regarding the proposed ground elevations after excavations was obtained from the development drawing.

7.8.21 To complete the noise assessment the model was populated with the expected noise sources. It was assumed that the only significant noise sources were those associated with HGV loading and movements around the site. The following scenarios were modelled, based on our understanding of proposed operations (as detailed in Section 3) • Early Morning (6am – 7am): Worst case 15-minute period in which three pre-loaded HGV’s exit site from the loading bay area. No loading/ unloading noise.

• Daytime (7am – 10pm): Worst case 1-hour period in which three HGVs are simultaneously docked at the loading bays and generate loading noise for 45 minutes. Four HGV’s exit site from the loading bay area.

Conclusion of Noise Assessment

7.8.22 A noise assessment was undertaken to predict the impact upon existing dwellings of a proposed development located in an industrial park, off Balderstone Lane, Burnley BB10 2TS. The proposed development will include a new warehouse development, together with associated external vehicle yard and covered loading docks.

7.8.23 The site is sloping and therefore significant excavation works are proposed in order to locate the proposed warehouse and yard area. The layout of the site has been developed taking into account the barrier effect offered by the groundworks, by locating the loading bays and truck yard where they will benefit from greatest shielding.

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7.8.24 Baseline noise measurements in addition to computer noise modelling were utilised and the potential impact on affected receptors was assessed using the assessment methodology in BS 4142:2014.

7.8.25 Based on our understanding of the operations proposed at the site, the BS4142 assessment was predicted to be low impact during early morning operations (6am-7am). The initial assessment of daytime operations was of adverse impact but, when this was modified by context and account taken of the uncertainty, the initial assessment was modified to give a low impact.

7.8.26 Noise levels inside the nearest dwellings, resulting from the proposed operations, were shown to achieve the recommended limits given in BS8233 and to be significantly below the levels associated with the onset of sleep disturbance, even when windows in the dwellings are opened. Noise levels in the rear gardens of the dwellings, resulting from the proposed operations, were shown to be well below the limits recommended in WHO guidance.

7.8.27 In conclusion, we are of the opinion that the development may be permitted without causing significant loss of acoustic amenity to the surrounding dwellings.

Air Quality Assessment

7.8.28 The submitted report provides a review of the existing air quality in proximity to the proposed development site and assesses the potential impact of the proposed development on local air quality, in accordance with Local Air Quality Management Technical Guidance1.

7.8.29 Air pollution in urban areas is generally dominated by emissions from road vehicles. The quantity and composition of vehicle emissions is dependent on the type of fuel used, engine type, size and efficiency, vehicle speeds and the type of exhaust emissions abatement equipment employed.

7.8.30 The main pollutants of health concern from road traffic exhaust releases are nitrogen dioxide (NO2) and fine particulates – normally assessed as the fraction of airborne particles of mean aerodynamic diameter less than ten micrometres (PM10), since these pollutants are most likely to approach their respective air quality objectives in proximity to major roads and in congested areas. This assessment has therefore focused on the impact of the proposed development on concentrations of NO2 and PM10.

Impact of the development on Air Quality

7.8.31 As shown in Table 3 of the submitted report, the monitored NO2 concentrations within the study area were below the objective in 2016. The diffusion tube on Eastern Avenue is located on the façade of a house and is,

58 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

therefore, representative of receptor exposure. This monitoring location represents receptors located on routes which development traffic may use.

7.8.32 The development will introduce approximately 100 LGV and 30 HGV movements a day. The development is located outside an Air Quality Management Area (AQMA) and is expected to introduce less than 500 LGV and 100 HGV flows per day, therefore, in accordance with IAQM guidance, a detailed air quality assessment is not required, and the impact is likely to have an insignificant impact on local air quality.

7.8.33 Air pollution in areas such as Burnley is generally dominated by emissions from road vehicles. The quantity and composition of vehicle emissions is dependent on the type of fuel used, engine type, size and efficiency, vehicle speeds and the type of exhaust emissions abatement equipment employed.

7.8.34 The background concentrations in Table 4 show that background concentrations of NO2 and PM10 are well below health-based air quality objectives of 40 μg/m3 for both pollutants. However, it is likely that the site is experiencing higher concentrations due to its close proximity to the road.

Summary and Conclusion

7.8.35 The traffic associated with this development is not expected to have an impact on air quality itself, in accordance with IAQM Guidance1. The development is likely to have an insignificant impact on local air quality experienced by neighbouring residential locations.

7.8.36 The monitoring results of the nearby diffusion tubes indicate that annual mean and short-term concentrations of NO2 and PM10 would be below the respective objectives at residential receptors which may be impacted by development associated traffic.

7.8.37 The monitoring results of the nearby diffusion tubes indicate that short-term concentrations of NO2 would be below the respective objectives.

7.8.38 Annual background concentrations of NO2 and PM10 were predicted to be well below the respective air quality objectives. 7.8.39 The assessment also considered whether the proposed development could significantly change air quality during the construction phase. With the implementation of mitigation measures the dust impacts from the construction are considered to be not significant, in accordance with IAQM guidance1.

7.8.40 In line with BBC regulations the development will have to include 5 EV charging points within the car park.

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7.8.41 There is, therefore no reason for this application to be refused on the ground of air quality.

Lighting Assessment

Construction Lighting 7.8.42 Generally, construction lighting tends to lead to more obtrusive lighting than operational lighting because of its temporary nature, and the type of lighting equipment used. For ease of deployment and use, construction lighting tends to be mobile, and focus on providing the widest coverage of light from the fewest possible units – in order to minimise time spent maintaining and installing the equipment.

7.8.43 It is anticipated that any potential effects from obtrusive light associated with construction phase lighting can be mitigated through employment of appropriate mitigation measures. Mitigation measures to address obtrusive light from temporary construction lighting are presented in Section 6.4.

Operational Lighting

Existing Local Residents

7.8.44 Local residents in proximity to the Application Site have been identified along Lydgate. Views of the Application Site from these residential roads are constrained by screening from existing vegetation and are at a higher ground level than the application site.

7.8.45 A low level increase in sky glow may be discernible from these residential roads, however the increase will be small and upward light levels will be within the limits of ILP Environmental Zone E2 and there will therefore be no effects of obtrusive light in the form of sky glow.

Motorists, Cyclists, Equestrians and Pedestrians

7.8.46 Roads used by motorists, cyclists, equestrians and pedestrians within close proximity to the Application Site extend to users of Lydgate and Balderstone Lane.

7.8.47 Views of the Application Site from Lydgate are screened by existing vegetation, therefore no effects from intrusion or glare anticipated from the proposed development on users of this road.

7.8.48 Views of the Application Site from Balderstone Lane are screened by the proposed building and the site levels, therefore no effects from intrusion or glare anticipated from the proposed development on users of this road.

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7.8.49 A low level increase in sky glow may be discernible however the increase will be minimal and lighting levels will be within the limits of ILP Environmental Zone E2. Effects of obtrusive light

Visual Amenity

7.8.50 The Brun Valley Greenway is located adjacent to the site. Views of the Application Site are screened by existing vegetation or proposed built form. There are therefore no effects from intrusion or glare anticipated from the proposed development on visual amenity from these footpaths.

7.8.51 A low level increase in sky glow may be discernible from views however the increase will be minimal and lighting levels will be within the limits of ILP Environmental Zone E2. Effects of obtrusive light from the proposed development on visual amenity are therefore considered to be negligible.

Ecological Receptors

7.8.52 The existing site is considered to be of low value for bats due to limited availability of good foraging and commuting habitat. However, the woodland to the north and east of the site provides foraging and commuting habitat. Bats are sensitive to intensity and intrusion of the light into habitats past the borders of the intentionally lit area. Any form of obtrusive light has the potential to cause disturbances to light-sensitive and nocturnal species.

7.8.53 It is considered that due to the low impact of the proposed lighting, there will be no significant impact on the foraging and commuting habitat of the bats.

Mitigation Measures

Construction 7.8.54 General design objectives that will be used to ensure that obtrusive light associated with construction of the proposed development does not adversely affect any receptors identified are summarised below:

• Use appropriately designed luminaires for the task at hand. Use louvres and shields to prevent undesirable light break-out; • Lighting should be directed so it does not intrude (or spill) outside of the immediate working area.; • Preference should be given to several, lower lighting units rather than tall, wide beam lighting units to illuminate large areas as it will limit light intrusion, glare and sky glow from the plant; • Vehicle lights should be properly directed (conforming to MOT requirements) and lenses must be intact to prevent un-necessary glare and light intrusion;

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• Lighting should be reduced or switched off when not required for safety purposes. Security lighting should be kept at the minimum level needed for visual and security protection; and • The use of infra-red floodlighting and CCTV systems should be used for security to reduce the need for visible lighting outside working hours.

Operation

7.8.55 The general design principles that have been incorporated into the Lighting Assessment plan submitted alongside in order to mitigate adverse effects of obtrusive light have included:

• Orientation – lighting units should be angled so that no light is released above the horizontal. This involves use of a suitable luminaire, positioned at a height that is great enough to allow light to be directed downwards. • Placement – lighting should be located away from sensitive receptors wherever possible. • Reflectance – any high intensity lighting should be installed onto buildings or columns and directed to the area where the light is required, rather than facing a building façade which may be reflective and result in sky glow.

7.8.56 Achieving levels within the acceptable limits for ILP Environmental Zone E2 will maintain the ‘low district brightness’ for the Application Site and thus minimising the possible effects of obtrusive light.

7.8.57 The Lighting Strategy for the new development has sought to minimise levels of lighting through designing to the relevant British Standard; minimise the effects of obtrusive light on existing and future sensitive receptors; and meet the obtrusive light limitation for exterior lighting specified for ILP Environmental Zone E2.

7.8.58 On the basis of this assessment and subject to the incorporation of the recommendations set out in this report, it is considered that obtrusive lighting from the proposed Lighting Strategy does not pose a constraint to the proposed development.

Conclusion

7.8.59 The proposed development will not have a detrimental effect on residential amenity by way of sunlight and daylight provision, noise, air quality or light pollution. The proposed development is in accordance with Policy GP1, and GP7 of the Burnley Local Plan and Policy NE5 of the emerging Burnley Local Plan.

62 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

8.0 Scheme Benefits Economic

8.1 The construction phase of the development will generate turnover and temporary employment for construction firms and related trades.

8.2 The proposed building will allow Rolfe Carpets to relocate to purpose-built premises resulting in a gain of 36 jobs for the Borough of Burnley.

8.3 The proposal will also enable the creation of a further 10 jobs.

8.4 The proposed development will contribute to building a strong, responsive and competitive economy, to support growth of a local business

8.5 The addition of these new jobs will further help to improve economic activity levels; offer opportunities for those with low or only entry levels skills and qualifications; and offer higher level opportunities for local people.

8.6 There will also be a wider benefit to the local economy in that most of the employees on site will spend their wages by employees in the local economy.

Social

8.7 The Department for Communities and Local Government (DCLG) released the 2015 English Indices of Deprivation on 30th September 2015, and the figures were published down to the lower layer super output area level.

8.8 Burnley is the most deprived district within the Lancashire-12 area, with a rank of average rank of 17, where one is the most deprived and 326 is the least

8.5 The development of this site and the associated job creation will regenerate the remaining plot on Balderstone Lane and injecting new growth into the Burnley area.

8.6 Built development at the end of the industrial estate with its associated activities, lighting and security measures will ensure the area is attractive and safe.

Environmental

8.6 The proposal constitutes sustainable development in environmental terms through:

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• No detrimental impact on residential amenity by overlooking, noise, air quality and light pollution. • No adverse impact on the ecological value of the area • Improved access to the Brun Valley Greenway • No impact on land stability or contamination • No increase in surface water run-off from the development

64 Planning Statement – Land at Balderstone Lane, Burnley – June 2018

9.0 Conclusion 9.1 It has been demonstrated through this planning statement that the proposed development is in accordance with the NPPF, the relevant policies of the Burnley Local Plan (2006) and the emerging Burnley Local Plan (2012-2032) and is therefore sustainable development.

9.2 In accordance with Paragraph 14 of the NPPF, in relation to decision taking the application should be approved without delay.

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