DEVELOPMENT CONTROL COMMITTEE BURNLEY TOWN HALL
22/09/2016 at 6.30 p.m.
Members of the public may ask a question, make a statement, or present a petition relating to any matter within the remit of the Committee.
Notice in writing of the subject matter must be given to the Head of the Chief Executive’s Office by 5.00pm three days before the meeting. Forms can be obtained for this purpose from the reception desk at Burnley Town Hall, Manchester Road or the Contact Centre, Parker Lane, Burnley or from the web at www.burnley.co.uk/meetings.
A G E N D A
1. Apologies
To receive any apologies for absence.
2. Minutes
To approve as a correct record the Minutes of the last meeting held on 25th August 2016 available at www.burnley.gov.uk.
3. Additional Items of Business
To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.
4. Declaration of Interest
To receive any declarations of interest from Members relating to any item on the agenda in accordance with the provision of the Code of Conduct and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.
5. Exclusion of the Public
To determine during which items, if any, the public are to be excluded from the meeting.
PUBLIC ITEMS
6. List of Deposited Plans and Applications
To consider reports on planning applications for development permission:
(i) APP/2016/0342 - Variation of hours of operation at Prairie Sports Village, Windermere Avenue, Burnley (ii) APP/2016/0289 - Construction of four storey apartment building and car parking and landscaping at Clock Tower Mill, Sandygate, Burnley (iii) APP/2016/0228 & 0229 – Demolition of buildings on Mitre Street and demolition of The Mitre public house, Mitre Street, Burnley (iv) APP/2016/0359 – proposed extension and alterations at 13 Dryden Street, Padiham
7. Decisions taken under the Scheme of Delegation
To receive, for information, a list of delegated decisions from 15 August to 11 September 2016.
MEMBERSHIP OF COMMITTEE
Charlie Briggs Lubna Khan Frank Cant (Vice Chair) Liz Monk Trish Ellis Neil Mottershead Sue Graham Mark Payne John Harbour Tom Porter Tony Harrison David Roper Marcus Johnstone Asif Raja Arif Khan (Chair) Cosima Towneley
PUBLISHED: 14 September 2016
BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
REPORTS ON PLANNING APPLICATIONS
Photograph McCoy Wynne
Part I: Applications brought for Committee consideration
22nd September 2016
Housing and Development
DEVELOPMENT CONTROL COMMITTEE
22nd September 2016
INDEX
App No Description Location Recommendation Page No APP/2016/0342 Variation of Prairie Sports Recommended for 1 condition 9 of Village, Approval planning permission Windermere APP/2013/0397 to Avenue, Burnley change hours of operation to closing for business at Mon- Thurs 10.30pm, Fri 12.00 midnight, Sat 12.00 midnight, Sun 10pm, Bank Holidays 10pm. No change to Driving Range opening hours (9pm)
APP/2016/0289 Proposed Clock Tower Recommended for 7 construction of a Mill, Sandygate, Approval new four storey Burnley apartment building and associated car parking and landscaping
APP/2016/0228 Demolition of Buildings on derelict buildings Mitre Street, Burnley Recommended for 17 Approval APP/2016/0229 Demolition of The The Mitre, Mitre Mitre public house Street, Burnley and the erection of a purpose built support centre for homeless and vulnerable people comprising 30 self- contained bedroom units, with supporting facilities; communal spaces, training/enterprise rooms, staff/administration offices and facilities, parking and private external recreation spaces
APP/2016/0359 Proposed extension 13 Dryden Recommended for 45 and alterations Street, Padiham Delegation
Application Recommended for Approval APP/2016/0342 Queensgate Ward
Full Planning Application Variation of condition 9 of planning permission APP/2013/0397 to change hours of opening for the pavilion building to closing at Mon-Thurs 10.30pm, Fri and Saturday 12 midnight, Sundays and Bank Holidays 10pm. No change to Driving Range opening hours (9pm). Renewal of APP/2015/0309 PRAIRIE SPORTS VILLAGE WINDERMERE AVENUE BURNLEY
Background:
Planning permission was granted in 2013 for the replacement of the existing sports pavilion at Prairie Playing Fields; the upgrading of the existing all-weather pitch; and ancillary development to facilitate the provision of a golf driving range, including ball net fencing and lighting. The development is now completed and has been in use since October 2015.
Conditions were imposed on the 2013 permission which restricted the hours that the building could operate to between 7 a.m. and 9 p.m. on any day. In 2015 a further permission was granted to extend the permitted hours of operation to allow later opening times. The outdoor and driving range activity would still cease at 9 p.m. but it was proposed to change the operating hours for the internal facilities to Monday to Thursday the building would close at 10.30 p.m.; on Friday at 11 p.m.; on Saturday at 12 midnight and Sunday at 10 p.m.
The application was granted for the extended hours for a temporary period of 1 year from the date of opening and this has allowed the use to operate in line with the later opening times for a year so that the impact of the extended hours could be reassessed in terms of impact on neighbouring properties after the period of operation.
Pavilion Building
The use has been operating within these times now for 10 months and the applicant now seeks a permanent planning permission to retain them as approved apart from Friday when it is proposed to extend the hours of opening further from 11 p.m. to 12 midnight.
Objections have been received to the application.
Relevant Policies:
National Planning Policy Framework (March 2012) (NPPF)
Burnley Local Plan Second Review CF2 - Intensification of use of existing sports and recreation provision CF5 - Major local sports facilities CF9 - Golf related development E26 – Development in the Green Belt EW3 - New Leisure, Tourist, Arts and Cultural Development Outside Town Centres GP5 - Access for All H12 - Non-residential uses in residential areas
Site History:
APP/2003/0873 – Provision of 4 x 8m high and 1 x 6m high lighting columns and 3 wall lights mounted on existing building – granted APP/2007/0969 – Renewal of application for lighting of car park – granted APP/2009/0175 – Renewal of application for lighting of car park – granted. APP/2013/0397 - New pavilion building following demolition of existing; fences and lighting to all weather pitch; fencing and other works associated with golf practice range – granted APP/2014/0453 - Variation of condition 2 & 12 of planning permission APP/2013/0397 to increase the height of the netting to a height of 20m and increase the length of it by 5 metres – granted APP/2015/0017 – Amendment to omit gym and provide ancillary function room, larger kitchen/bar area with provision of food and licensed drink – non-material amendment granted APP/2015/0309 - Variation of condition 9 on planning permission APP/2013/0397 to change operating hours to closing at Mon-Thu 10.30pm, Fri - 11pm, Sat 12 midnight and Sun 10pm – permission granted for a temporary period of one year from opening.
Consultation Responses:
1. Lancashire County Council (Highways) – the proposal raises no highway concerns and therefore no objections are raised
2. Two letters from neighbouring residents have been received, objecting on the following grounds:
An increase in late night drinking and disturbance that comes with late night drinking Residents already suffer from noise and parking and to extend these hours even later at night is disgusting. Alcohol has no connection to a sports village and no contribution to health and fitness. Children sleep in bedrooms overlooking the village and will be kept awake til the late hours. The plans are totally different from the original and residents were told that alcohol would never be sold, so an extension is not good enough.
Planning and Environmental Considerations:
The principle of development and use of part of the building as a function and bar area is established and does not form part of this application.
The extension to the evening hours is to allow the users of the facility to take refreshments and socialise after they have finished the outdoor activity, which will cease at 9.p.m as in the original application. It will also allow occasional related functions such as sports evenings or presentations.
The reason for restricting the opening hours on the original application was to protect the amenities of the nearby residents from coming and going of vehicles after 9 p.m.
The use has now been operating with the extended hours approved in 2015 for approximately 10 months now. The two letters of objection received relate to the use of the facility in general and not the extended hours of operation.
The way the use operates as set out by the applicant below for information is consistent with such a facility and it is apparent that the social uses remain ancillary to the main sports use.
Applicant’s summary of the way the use operates
The Head of Leisure Operations for the applicant has put forward a summary of how the use has been operating since it opened as follows:
‘The majority of the use for both the bar, bistro and function room (referred to as the Windermere Suite, as a function room is only a small part of its usage) is from people and organisations who utilise the sporting facilities
This is ancillary to the main use of the site and the main usage is as follows,
Golf Driving range average of 10,000 ball a day being hit that’s on average 100 people a day hitting 100 balls each these people will buy lunch / breakfast and drinks before or after playing golf. There are three golf professionals delivering a comprehensive coaching programme from the site many of these buy lunch or have a drink before or after their lesson. 3G football pitch is utilised for over 40 hours a week including a league on a Tuesday nights many of these use the bar for a quick drink after they have played. Over the summer Burnley Rounder’s League has run from the grass pitches at the Prairie registration takes place in the bar area and they also have food after they have played. Children’s parties take place in the Windermere Suite using the food from the bistro. During the summer, holiday activities have run from the site with holiday camps for both football and golf again both children and parents use the bistro for lunch. A ladies ‘Get in 2 golf’‘ course is run, with groups of 12 women every six weeks these often used the bar and bistro to have coffee and cake after they had taken the lesson.
Several large conferences for Burnley Council, Tesco, BMW, Pendle Council, Calico, Aircelle these have all run during the day time and have used the bar and bistro for food but have also utilised the facilities having a trial session on the golf driving range. Several networking events have also been run from the site such as Burnley Bondholders.
Alcohol forms the smallest part of sales and with much more hot chocolate , coffee in the winter and ice lollies and cold drinks sold throughout the summer mainly from people playing sport, football , rounder, golf, keep fit etc.
Casual drinking is actively discouraged at the Prairie despite having a licence from 8am no alcohol is served before lunchtime , and a challenge 25 policy is operated. Under no circumstances will shots or silly measures of drinks be served. The pricing policy also dictates this and premium brands are served in the main focusing on quality bespoke drinks.
A wide range on non-alcoholic drinks such as mocktails and juices etc and fresh coffee, tea, etc. are available
Although the facility could operate later on Friday Saturday and Sunday this is few and far between. A series of events took place last Christmas such as Christmas parties and presentation nights for rugby clubs a footballs clubs and a gym members party all of which ran smoothly with no complaints or issues. Over the year the odd charity football tournament that has stayed late in the bar and a couple more social from local clubs have taken place. Again these have been low key and extra staff have been on duty to manage the events ensure they run smoothly.
Six Christmas events are planned in December this year which are ticket only events and in the main from organisations and people who use the site and extra staff will be on duty to manage these events.
It is hoped that the above demonstrates that the bar and bistro are certainly an ancillary use and compliment the other uses of the site, the bistro does not open on Bank holidays and was closed down over Christmas and New year last year despite the site being open.
90% of the use of the bar and bistro are users of the site and only 10% is general public of which some are customers of other Leisure Trust sites such as gym users.
Over 50% of the booking at the Bistro are pre booked in advance and tables reserved.
There is no space to offer for general public as we are already very busy with existing users and growing with golf lessons increasing each month.
Most nights the bar is a very quiet with 4-5 people having a quiet drink or a coffee before they go home.
The outline of the current usage demonstrates this is far from a drinking establishment and alcohol forms a minute part of the operation.
Main planning considerations
The only issue is the impact of the increase in the hours of use of the facility on the residential amenities of the neighbouring occupiers. All other matters have been dealt with as part of previous planning applications.
Following the temporary period of operation, the majority of residents consulted on the proposal have not commented. Letters were sent out to Nos. 35 to 103 Windermere Avenue and 351 – 365 Colne Road.
The two residents from Windermere Avenue who have commented make general comments about the facility with no specific comments relating to the extended hours as currently being operated. It has not been put forward that the increase in hours as operated over the last 10 months has led to undue disturbance to residents.
On the basis that no demonstrable harm has been identified and the majority of residents in the area do not appear to have had an issue with the hours of operation over the temporary period of operation, it is considered that the permanent extension of opening hours as requested, to also include the increase from 11 p.m. on Friday to 12 midnight, would be acceptable.
It is also relevant that the applicant is a responsible operator, being Burnley Leisure Trust which works in partnership with the Council to provide the facility. The Council would have some measure of influence to address any problems which arose from the use, to ensure that they would be addressed appropriately.
Recommendation:
That Condition 9 on planning permission APP/2013/0397 be varied to read:
9. The pavilion building hereby approved shall not be open for business outside the hours of 7 a.m. to 10.30 p.m. Monday to Thursday; 7 a.m. to 12 midnight p.m. on Friday and Saturday; and 7.a.m. to 10 p.m. on Sunday and Bank Holidays.
Application Recommended for Approval APP/2016/0289 Trinity Ward
Full Planning application Proposed construction of a new four storey apartment building and associated car parking and landscaping CLOCK TOWER MILL SANDYGATE
Background: The application relates to a site in the Weavers’ Triangle part of the Canalside Conservation Area. The land has been vacant since 1987 when the historic Clock Tower Mill was damaged by fire and, some years later, demolished.
Application site viewed from Sandygate Square
Relevant Policies: Burnley Local Plan Second Review BTC12 - Canal and riverside development in Burnley Town Centre BTC6 - The Weavers' Triangle E12 - Development in or adjacent to Conservation Areas H3 - Quality and design in new housing development H4 - Providing a choice of housing in new development H5 - Local housing needs TM15 - Car parking standards
Site History: 79/0776: Proposed fire escape at existing Clocktower Mill – Granted 88/0393: Renovation and landscaping of existing mill building to form two light industrial/craft workshops on ground floor and offices on upper floors – Withdrawn 88/0394: (Listed Building application) Renovation and landscaping of existing mill building to form two light industrial/craft workshops and offices including rebuilding of a ‘clock tower’ demolished after fire – Withdrawn 96/0580: Refurbishment of existing section of mill parallel to canal and construction of new 4 and 5 storey building attached to existing (including 2 floor specialist retail; 1 floor conference) – Withdrawn 97/0550: Refurbishment of existing section of mill parallel to canal and construction of new 4 and 5 storey building attached to existing – Withdrawn Larger area of development including the application site 2006/0865: Proposed erection of new buildings and adaptations/alterations/extensions to existing buildings to promote a mixed use commercial development including B1 office/business uses; D2 leisure; A3 and A4 restaurants/cafes and drinking establishments; A2 financial and professional services; A1 retail and C3 residential; together with ancillary parking/servicing and provision of public spaces (Outline Planning Application) – Granted [Did not proceed] 2007/1155: Proposed erection of new buildings, adaptations/alterations/extensions to existing buildings to promote a mixed use commercial development including B1 office/business uses; D2 leisure; A3 and A4 restaurants/cafes and drinking establishments; A2 financial and professional services; A1 retail and C3 residential; together with ancillary parking/servicing and provision of public spaces (Outline Planning Application) (Amended Scheme for APP/2006/0865) – Granted [Did not proceed]
Consultation Responses: LCC Highway Authority – No objections. Comments requesting further details of the access, additional car parking and identification of secure storage for cycles has resulted in acceptable details being incorporated in amended details. Direct cycle access to the canal towpath was requested, however, for reasons of security, convenience and economic practicality (due to difference in levels) this was declined by the applicant. [Comment: In any event, there is access to the canal towpath via Sandygate Square, which should preferably form a hub for movement through the area].
LCC School Planning Team – Based on the latest assessment, taking into account all approved applications, LCC seek a contribution for 1 primary school place only. Calculated at the current rates, this results in a claim of £13,747.53. [Comment: The application is for a Starter homes project, and as such the intention is to sell these dwellings at an identified discount as starter homes. Any request for S106 monies would render the scheme unviable and as such this request has not been pursued.]
LCC Flood Risk Management Team – No comments received at the time of this reports submission.
United Utilities – No objections. Conditions requested relating to drainage.
Environment Agency – No objections provided a condition is imposed to require full investigation and remediation of the land with regard to contamination.
Coal Authority – No objections. The risk assessment report identifies the presence of historic shallow mine workings which will require investigation and remediation. A condition is requested to put that future action into effect.
Designing Out Crime Officer (Police) – Recommendations which have been forwarded to the applicant for incorporation in the final design details and construction.
Historic England – No objections.
Canal & River Trust (CRT) – No objections. Request details of foundations (due to proximity to the canal) and treatment in relation to potential contaminant leachate to the canal [these details are now included in the application and further response from CRT is awaited]; and details of materials and landscaping [it has been agreed that these matters can be dealt with by condition].
Burnley Civic Trust – Design considered inappropriate for a conservation area and a residential building.
Planning and Environmental Considerations:
The proposed development comprises a 4 storey building containing 16 two bedroom apartments, with associated car parking. The rectangular site is alongside the north bank of the Leeds and Liverpool Canal and fronts Sandygate, adjacent to a listed canal bridge. The canal towpath runs between the site and the canal. The general location and arrangement of the proposed development is shown on the application drawings copied as follows.
Application site in context
Site layout
Proposed elevations
Policies and Assessment
Policy BTC6 of the current Local Pan (2006) identifies the site as part of the Weavers’ Triangle area. It supports heritage led development for a range of uses, including residential.
The site is within the Canalside Conservation Area (CCA). Planning law requires that in respect of any land within a conservation area special attention be paid to the desirability of preserving or enhancing the character or appearance of that area. Policy E12 sets criteria to put that into effect, requiring, in particular, that development respects the character of the conservation area in terms of quality, siting, detailing, height, scale, materials, landscaping and external appearance.
Policy BTC12, in its support for development of the canal side, chimes with these requirements.
Character and Setting This part of the CCA is characterised by large, closely set (formerly industrial) buildings, forming a ‘canyon-like’ environment along the line of the canal. The draft CCA Management Plan notes that the loss of Clock Tower Mill left a gap and significantly diminished the highly enclosed character of the CCA. Maintaining and enhancing this feeling of enclosure is an objective of the draft plan.
The proposed building would stand parallel to the canal, at a distance of some 5m from the existing canalside boundary wall, with the full-height stairwell projecting to just inside the canal wall. The building would be elevated around 2m above towpath level, so that the four-storey building would have a powerful enclosing effect which would fulfil the draft plan objective. The canalside wall would be retained, with metal railings atop in the interests of security of the proposed building.
The architect submits that: the palette of materials are simple monotones with a vertical emphasis and simple robust detailing. The building is modern in appearance and creates a strong urban presence that responds to the dense nature of development around the weavers’ triangle.
Architect’s impression of the apartment building The contemporary building would fit the emerging character of this part of the CCA, where a modern square has been set amongst the historic fabric in order to bring vitality and activity space of a human scale to the area, in contrast to the monolithic scale of surrounding industrial buildings.
Sandygate Square, viewed from the site
This report takes the view that this provides a sharpened image to the setting of the retained heritage buildings, adding to their social and economic, and environmental, value. A condition is recommended to require samples of the materials to be submitted.
Starter homes project.
The Housing and Planning Act 2016 places a general duty on planning authorities to promote the supply of starter homes, and to have regard for Secretary of State guidance in carrying out that duty. The Act sets out circumstances in which a developer would make a legal commitment (under Section 106 of the Planning Act, 1990) to sell dwellings, at an identified discount, as starter homes. The Act has not yet come into force, but nevertheless, the applicant has indicated the intention to make a unilateral undertaking under section 106, to ensure sale is at the specified discount. .
Conclusion The site is well located for residential development, being close to rail stations and Burnley Town Centre. The NPPF sets a presumption in favour of granting permission without delay for such sustainable development. The proposal is in accordance with the development plan which identifies the site for residential purposes.
The site has been vacant since the devastating loss of Clock Tower Mill from the heritage scene. Its development as proposed would enhance the conservation area, add to its vitality and reinforce the feeling of enclosure along the canal corridor.
At the same time, it would provide dwellings of a high quality to add to the mix of housing available in the Borough.
The recommendation is made on that basis.
Recommendation:
That planning permission be granted subject to the following conditions:
Conditions
1. The development must be begun within three years of the date of this decision.
2. The development shall be carried out in accordance with the application drawings, namely: Drawings 16.102 01, 16.102 02, 16.102 03, 16.102 04 and 5511 01 received 08/06/2016; Amended drawings 16.102 02 B, 16.102 03 E and 16.102 01 D received 21/07/16.
3. Samples of the external cladding material and facing brick shall be submitted to and approved in wtiting by the Local Planning Authority before their use in the construction of the building.
4. Investigation and remediation measures (informed by the submitted Geo- Environmental Site Assessment report – REC, September 2010, or otherwise) shall be taken before or during operational development, as the case may be, and full details of such measures shall be submitted to and approved in writing by the Local Planning Authority before the site is occupied for residential purposes.
5. No development shall take place until a site investigation of the nature and extent of any land instability has been carried out in accordance with a methodology which shall have beforehand been submitted to and approved in writing by the Local Planning Authority in consultation with The Coal Authority. The results of the site investigation and a report specifying the measures to be taken to remediate the site (in relation to any land instability) to render it suitable for development shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall thereafter be carried out in accordance with the approved details before building operations are carried out above foundation level.
6. Foul and surface water shall be drained on separate systems.
7. Prior to the commencement of built development, final details of a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions, shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing with the LPA, the surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed in accordance with the approved details.
Reason
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.
2. To ensure that the development remains in accordance with the development plan.
3. In the interests of character and appearance of the Canalside Conservation Area and the visual amenity of the area generally, in accordance with Policies E12 and GP3 of the Burnley Local Plan, Second Review.
4. To ensure that the development is not affected by ground conditions arising from former industrial activity on the land..
5. To ensure that the development is not affected by ground conditions arising from historic mining activity.
6. To avoid pollution by foul water during flood events.
7. To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.
AR 8.9.2016
Applications Recommended for Approval APP/2016/0228 APP/2016/0229 Trinity Ward
Full Planning application Demolition of derelict buildings
Full Planning application Demolition of The Mitre public house and the erection of purpose built supported accomodation for homeless and vulnerable people comprising 30 self contained bedroom units, with supporting facilities; communal spaces, training/enterprise rooms, staff/administration offices and facilities, parking and private external recreation spaces
THE MITRE MITRE STREET BURNLEY
Background:
The proposed development site is located at a gateway location to the west of Burnley town centre, fronting on to West Way (A671), one of the key roads into the town from junction 10 of the M65 and other major routes towards Clitheroe. The existing derelict “locally listed” former Mitre Street Hotel and Public House sits within the Canalside Conservation Area (CCA) and adjacent to two Grade II Listed Buildings, the Former Billiards Hall on Trafalgar Street and the Church of Holy Trinity on Accrington Road.
Planning permission is sought for the demolition of ‘The Mitre’ (former public house) and the redevelopment of the land with a state of the art 30 bedroom residential project providing much needed accommodation to house those in housing need. Two applications have been submitted purely for the purposes of being able to begin the demolition works on site as early as possible to meet their target of opening next year.
The Mitre itself, in spite of its local listing has stood unused for approaching 20 years. In this time, its condition has deteriorated rapidly and the cost of restoration or regeneration has risen proportionately. In recent times, Trafalgar Street has undergone a major upgrade with monies through the Townscape Heritage Initiative. The Mitre marks the outer end of the THI area and, as a key gateway into the Town, unfortunately does so now in quite a negative way.
As described by the applicant, the proposals will provide a flexible but bespoke response to the needs of those in housing need within the area, with supporting facilities, training areas, multipurpose rooms, private external space and medical provision, in a modern light and accessible building providing an innovative carefully planned scheme that can positively impact on both individuals and the local community.
All the services that are provided at the existing Elizabeth Street Project (ESP) will be moved across to the new building, and they will be expanded due to the space and suitability of the new building. The applicants note that Service Managers will have the capacity to focus more on counselling, nutrition, mediation, health & fitness, employment etc. which is there but currently restricted at the current building. It is envisaged that the existing ESP building will be utilised for another supported service by the applicant.
The design has been developed through pre-application consultation with the planning department.
Relevant Policies:
Burnley Local Plan (Adopted July 2006)
Housing and Local Neighbourhoods H9 – Regenerating Urban Areas and Neighbourhoods
Transport: TM2 - Transport Assessments TM3 - Travel Plans TM11 - Traffic Management in Burnley Town Centre TM12 - Traffic Management and Road Safety in Residential Areas TM16 - Car Parking Standards
General Policies: GP1 – Development within the Urban Boundary GP3 - Design and Quality GP5 - Access for All GP6 - Landscaping and Incidental Open Space GP8 - Energy Conservation and Efficiency GP9 - Security and Planning Out Crime
Environment and Conservation: E12 - Development in, or adjacent to, Conservation Areas E13 - Demolition in Conservation Areas E15 - Locally Important Buildings, Features and Artefacts E16 - Areas of Traditional Construction E19 - Development and Archaeological Remains E20 – Views E33 –Vacant and Untidy Land E34 – Derelict and Contaminated Land and Derelict Buildings
Other BTC6 – The Weavers’ Triangle BTC9 - Gateways and through routes
National Planning Policy Framework Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) Natural Environment and Rural Communities Act 2006. The Conservation of Habitats and Species Regulations 2010. Wildlife and Countryside Act 1981. Control of Pollution Act 1974. Environmental Protection Act 1990.
Site History:
APP/2013/0492 - Display of 2no. non-illuminated hoardings – Granted. APP/2011/0280 - Application for demolition of building 2a Accrington Road Burnley within Canalside Conservation Area - Granted. APP/2005/0596 - Single storey extension to side and rear – Granted. APP/2004/0469 – Retention of signs – Refused. APP/2002/0374 - Installation of new shop fronts; security grilles to ground floor windows and doors and new windows to first and second – Granted. APP/2000/0375 - Demolition of former public house – Withdrawn.
Consultation Responses:
Lancashire County Council (Highways) – On the basis of the additional information provided regarding the current staffing levels and the assurances given in respect of the staffing / parking requirements for the proposed development, I am satisfied that the proposal will not have a detrimental effect on the local highway network and am therefore satisfied with the additional information provided. I raise no objection and should the Council wish to approve the application I request conditions in relation to a requirement for a Construction Method Statement and the closure of vehicle and pedestrian crossover point that are no longer used.
Lancashire County Council (Lead Local Flood Authority) – Following the submission of additional information, the Lead Local Flood Authority raises no objection to the proposed development subject to the inclusion of specific conditions regarding surface water drainage.
United Utilities – Following the submission of additional information, United Utilities raises no objection to the proposed development subject to the inclusion of specific conditions regarding surface water drainage.
The Coal Authority – The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment Report; that coal mining legacy potentially poses a risk to the proposed development and that intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site. The Coal Authority recommends that the LPA impose a Planning Condition should planning permission be granted for the proposed development requiring these site investigation works prior to commencement of development. In the event that the site investigations confirm the need for remedial works to treat any area of shallow mine workings to ensure the safety and stability of the proposed development, these should also be conditioned to be undertaken prior to commencement of the development.
The Canal and Rivers Trust – After due consideration of the application details, the Canal & River Trust has no comments to make on the demolition of the buildings on Mitre Street due to the limited impact of the scheme on the canal as a result of the distance of separation between the canal and the application site.
With regards to the proposed new build part of the scheme we have the following comments to make, The application site is not located adjacent to the canal and is separated from the canal by a main road. Existing topography and vegetation also combine to shield the application site from the canal. Therefore, we consider that the scheme will have a limited impact on the waterway corridor; However, we do consider that the scheme will be partially visible from the canal especially the upper floor. As such we consider that the proposed panel system finish for the upper floor may not be appropriate in terms of the visual impact on the canal from the proposed material. Furthermore, the application site is within a conservation area and such a material does not appear to reflect materials currently used in the area as required by the National Planning Policy Framework; finally We note that reclaimed stone from the demolished on-site building is proposed to be used for the ground floor and we recommend that the Applicant looks to incorporate this material or a similar equivalent material for the upper floor of the new building. In particular, the gable-end elevation which is most prominent from the canal. Such an approach would serve to enhance the character and appearance of the conservation area and produce a more appropriate building design when viewed from the canal.
Historic England – DEMOLITION OF THE MITRE (APP/2016/0228) Having reviewed the application, we believe the loss of this building will lead to a level of harm occurring to the significance of the conservation area and that that harm has not been justified. As such, we raise objections to the proposal.
ERECTION OF PURPOSE BUILT SUPPORT CENTRE APPLICATION (APP/2016/0229) The current application seeks to demolish The Mitre pub and replace it with a purpose built support centre for homeless and vulnerable people. The loss of The Mitre would not preserve or enhance the character of the conservation area and we object accordingly. Notwithstanding this fact, we have considered the design of the buildings proposed as its replacement and can advise that we also have strong reservations regarding this proposal as well and object accordingly.
A summary of the reasoning behind this objection is highlighted below.
The current application seeks to demolish The Mitre buildings which will have a negative impact on the character of the conservation area, as it is a building that contributes positively to its significance. We do not consider that the significance of the building has been sufficiently explored as the text focuses on the designations in place on the building, rather than considering the contribution the building makes to the wider conservation area. The Mitre makes a positive contribution to the character of the conservation area and its loss will cause harm to this designated asset, the scheme is considered to conflict with the requirement of section 72 of the Planning (Listed Building and Conservation Area) Act 1990, which places a duty on local authorities that special attention should be placed on the desirability of preserving or enhancing the character or appearance of the conservation area.
Having reviewed the design of the building we advise that we do not consider the proposals for the new build to enhance or better reveal the significance of the conservation area, as the development does not contribute positively to the local distinctiveness outlined and as a result causes harm to the asset. Whilst we agree with the principle of inserting an evidently modern building, rather than a replica of those buildings which surround it, we are, however, of the view that the currently proposed building does not sufficiently relate to its surroundings for the following reasons, Whilst the inclusion of stone in the building is welcomed, its use in the ground floor means that it reads as a plinth detail as opposed to a principle material of the building and the horizontal emphasis means its use fails to tie the building back to the surrounding. The consistency in the height of the roofline of the building also puts the structure at odds with its surroundings, as a key characteristic of the conservation area is the layering of buildings, which creates depth and a highly varied roofscape. The historical density of development in the Weavers Triangle meant that although buildings of massive scale are present, in long views of the area, that mass is generally visually fragmented. The exposed position of the proposed new build means that its scale and mass will be fully perceived and be adversely dominant in the conservation area, which is not considered appropriate. However, the way in which the building directly abuts the footpath and addresses the roadways is felt to be an appropriate response as it does reflect the density of the Weavers Triangle.
The Victorian Society – The Victorian Society strongly object to the applications on the basis that they would, a) cause serious and unjustified harm to the significance of Burnley’s Canalside Conservation Area, b) harm the setting of listed buildings, and c) deprive the area of a building of high local importance.
A summary of the reasoning behind this objection is highlighted below.
The Mitre appears to date from the 1840s and therefore preceded much of the development, born of the booming cotton industry, which transformed Burnley in the later nineteenth-century. It is a handsome and highly characterful former hotel and public house. In acknowledgement of its high local interest and importance the Mitre is included on the Council’s local list. Despite its positive assessment of the building’s external appearance the Heritage Statement falls short of providing an objective assessment of the buildings significance and, more pertinently, of the contribution it makes to the CCA within which it is located. It fails also to assess the likely impact on the Conservation Area’s significance of the proposed scheme. A final point to make concerning the Conservation Area is that the Mitre occupies a strategically important location and serves as a gateway structure into the CCA.
The setting of both adjacent listed buildings is enhanced by the Mitre Hotel and, as the Conservation Area Appraisal notes, together, and with others, they form a “distinctive collection of historic buildings”. The demolition of the Mitre Hotel would therefore be detrimental on a number of levels. Not only would it entail the loss of a locally listed building, one that it is Council policy to preserve, it would also strike at the heart of the significance of the nationally important CCA and would harm the setting of two statutorily designated historic buildings. Such a high level of harm cannot be justified and fails to comply with national legislation and local and national planning policy.
In addition to the loss of the locally listed Mitre Hotel, we have serious concerns about the building proposed to replace it, which in form, massing and materiality would be a highly incongruous and damaging addition to the streetscape. We recognise the applicant’s wish to respond to some of the more recent industrially-inspired buildings that have been erected in the area; but by seemingly and wholly disregarding the history of the site it would occupy (which, since its habitation, has served only commercial and residential uses) this scheme adopts an overly simplistic and unsympathetic approach to the redevelopment of the area. It fails to comply with legislation and with both local and national planning policy and we urge you to refuse it consent.
Lancashire Archaeological Advisory Service – The Mitre Inn (Lancashire Historic Environment Record PRN19727) was built in 1827 (Burnley Extensive Urban Survey p.30) and is named on the1851 1st Edition Ordnance Survey 1:1056 mapping (Lancashire Sheet 7, surveyed 1848). The buildings on Mitre Street proposed for demolition are also thought to be the same structures as those shown on the 1851 mapping. The development sites are within the Canal-side Conservation Area and the Heritage Statement accompanying the application also notes the Mitre public house is a locally listed building. The buildings are therefore considered to be of some historical interest.
Consequently should the Local Planning Authority be minded to grant planning permission to this or any other scheme, LAAS would recommend that a record of the buildings to Historic England level 2 be made prior to demolition and that such work is secured by condition.
Lancashire Constabulary (Designing Out Crime Officer) – Should Planning Officers be of a mind to approve this application, I advise that the development is built incorporating Secured by Design principles, in order to reduce the risk of crime and disorder within the building and in the immediate community.
Burnley BC – Environmental Protection Officers No objections in principle subject to conditions relating to noise mitigation and hours of construction.
Burnley Civic Trust – This building is an important gateway into the town and was recognised as such by BBC when it was purchased it as such for refurbishment and for adopting a viable use for the future. Whilst a new use has been found we find the proposals unacceptable for such an important building which is locally listed and in a Conservation Area. We feel it could be refurbished and adopted and as such we object to the details as submitted. We are joined in these comments by the Weavers Triangle.
Consultation responses from nearby residents – Two letters have been received from occupiers of nearby residential properties. Both welcome the demolition of the existing derelict buildings on the site and the subsequent redevelopment of the site, however the following points of concern/objection have been raised, This type of facility will introduce and attract disturbing behaviour to the surrounding area. The Trinity area is currently very peaceful and a lovely place for families to raise their children - there are new houses being built at this very moment behind Old Accrington Road and these are intended to be desirable homes for families to live in. This pleasant environment is unfortunately likely to deteriorate with an influx of people displaying unwholesome behaviours. Do we really want a building like this to welcome visitors/new businesses to Burnley in a residential area full of families?? There is a proposal for creating a related compound for parking etc. behind our property (on Old Accrington Road), on the parcel of land that is currently a green space. This area is well used by children for recreation, and also by dog walkers and those who simply enjoy a bit of nature amongst the built-up neighbourhood. It would create a new 'eyesore' in a place which is currently very attractive. [This is a temporary use and the land will be returned to its current use once the development is complete] Access and parking (this is a major traffic junction), Highway Safety Issues (Vulnerable people at a major road junction/access to the town), The majority of houses in the surrounding area are well over 100 years old. In the past, seismic activity related to major construction in the area (of the dual carriageway and subway) caused some structural damage to our homes. We are worried that extensive excavation of foundations for a building of this proposed size will affect our property. In summary, we feel that the Mitre site is not appropriate for this type of development and it would have definite detrimental effects to the adjacent area and community.
Planning and Environmental Considerations:
Planning permission is sought for the demolition of ‘The Mitre’ (former public house) and the redevelopment of the land with a state of the art 30 bedroom residential project providing much needed accommodation to house those in housing need. As described by the applicant, the proposals will provide a flexible but bespoke response to the needs within the Burnley area, with supporting facilities, training areas, multipurpose rooms, private external space and medical provision, in a modern light and accessible building providing an innovative carefully planned scheme that can positively impact on both individuals and the local community. The design has been developed through pre-application consultation with the planning department.
Proposed site layout
A large number of Local Plan policies are generally applicable because of the nature of the site and the proposed development. The site is in a sustainable location, close to Burnley Barracks train station, local and regional bus routes and within walking distance of the Town Centre, and as such the Highways Officer has raised no objection to the scheme. On this basis, the main planning considerations are as follows, the principle of developing the site for the use proposed, impact on the amenity of neighbours, the significance of the heritage buildings, the consequence of their loss to townscape and conservation, justification of loss and the quality of replacement fabric, and the local and wider regenerative benefits of the proposal.
PRINCIPLE OF THE DEVELOPMENT
The site is located within an area allocated under Policy H9 - Regenerating Urban Areas and Neighbourhoods (H9/1 – South West Burnley). This is one of four areas within Burnley that has been identified on the Proposals Map as being the focus for comprehensive area based action and regeneration programmes. In these areas, proposals which will contribute to the following measures, amongst others, will be approved: a) new housing and employment development where it does not have a detrimental effect on residential amenity; b) clearance where suitable after-use is identified and a fully resourced Action Plan is in place, see also Environment Policy E33 – “Vacant and Untidy :Land”; c) environmental improvements, such as the treatment of untidy land; d) better access to services and facilities; and e) increased job opportunities.
The need for a comprehensive approach to regeneration and renewal has been recognised to improve the quality of life in these areas however the Burnley Local Plan is a land use plan and, as a result, cannot deal directly with many of the problems within these areas or implement all the strategies and projects that other programmes involve. It can, though, provide a land use planning framework for area based action and programmes, which identifies these areas as the focus for regeneration, clearance and improvement. This supports the Council’s strategy to achieve urban renaissance and social progress which meets the needs of everyone.
The site has been historically home to a mixed residential/commercial set of uses, namely a row of terrace houses (facing Mitre Street) and the Mitre Public House. In terms of the built character on site, between the late 1890s and the late 1960s the footprint of buildings on the site itself was almost completely developed with very little breaks along the frontages. The open nature of the site now has only been achieved due to the piecemeal clearance of the site over time. The proposed use is considered to follow the historical use of the site, albeit loosely, and is considered to be broadly acceptable in line with the requirements of Local Plan Policy H9.
The consideration of Local Plan Policies E33 (Vacant and Untidy Land) and E34 (Derelict and Contaminated Land and Derelict Buildings) is also important. E33 notes that in order to minimise the amount of untidy and vacant land, demolition or clearance will only be permitted where a suitable permanent or temporary after use has been identified for the clearance site. E34 notes that the Council will permit development to reclaim and reuse derelict land and buildings when; 1) it would not have a detrimental effect on features of nature conservation value on the site; 2) it would not harm a Listed Building or Conservation Area; 3) a suitable after use is identified; and 4) on contaminated sites appropriate assessment, investigation and remediation measures of a suitable standard for the proposed after use are proposed.
Whilst a portion of the site is home to a small, relatively unused public car park, the continued vacancy of the building on site and land surrounding it is considered to have a blighting effect on recent developments nearby, particularly given its gateway location into the town and its proximity to the Town Centre. This view is supported corporately given the significant investment involved in the nearby Weavers Triangle and the many recent regeneration schemes that have come forward and have since been completed. Very significant and wider benefits would, therefore, arise from the proposed development of the site, not only in terms of the removal of a building in disrepair and causing visual blight from the site, but also in terms of the key development at this gateway entrance to the Weaver’s Triangle. In this should be included the quality design of the new development, achieved by thoughtful consideration of the Conservation Area and canal side setting, together with the provision of modern employment/commercial floor space in an accessible, near Town Centre location.
On this basis, it is considered that the proposed use is considered to be broadly acceptable in line with the requirements of the above policies, however further consideration in respect of the developments impact on neighbouring properties and the development of the site, in a wider sense, and its impact upon nearby Heritage Assets is required.
IMPACT ON THE RESIDENTIAL AMENITY OF NEARBY RESIDENTS
Concern has been raised by nearby neighbours in relation to the proposed use of the new building and its function within the community. The applicant has been quite open with the proposal and has advised as follows.
‘The aim of the project is to provide tailored hostel accommodation to improve the physical and mental health outcomes for those in housing need, single homeless people and other non-statutory homeless people and support them towards independent living with a particular focus on improving employability opportunities and outcomes. The self-contained rooms are part of wider proposals, within the Burnley area and across the borough, all of which are designed to meet the local need in the area. Our person centred health and wellbeing work with residents will build on existing arrangements and will focus on ensuring that they are linked into appropriate services in the community and encouraging them to address lifestyle changes. The interventions our staff will be delivering will equip residents with the skills, confidence and resilience to manage their affairs.’
The new premises will provide a new facility to replace that currently within the town centre however its additional size and bespoke design creates a much better facility for not only those who use it, but also those living close to the site. This is due to the greater emphasis on secure and usable facilities within the building and also the availability of the secure, enclosed external amenity area on the site.
Enclosed external amenity area
The applicant is the developer of the new houses to the rear of Trinity Church and is aware of the importance of monitoring and managing the behaviour of users and visitors to a facility such as this. Considering they are making a number of investments within this area they have given assurances that this development will have minimal impact upon nearby residents. On this basis, it is considered that the scheme will have an acceptable impact on the amenity of nearby residents and approval of the scheme would not have a detrimental impact on the adjacent area or community.
IMPACT UPON THE CHARACTER AND SETTING OF THE CANALSIDE CONSERVATION AREA
The site is within the Canalside Conservation Area (CCA) to which Policies E12 and E13 of the Burnley Local Plan provide guidance on. The national framework for determining applications impacting on Conservation Areas or ‘Heritage Assets’ is provided by the National Planning Policy Framework (NPPF). The Mitre is a locally listed building.
In terms of the ability of the Local Planning Authority (LPA) to assess the proposed development and its impact upon the CCA, Historic England and The Victorian society consider that the detail originally submitted with the application is insufficient and would not met the requirements of the NPPF tests. As such, no appropriate or proper assessment can be made and they consider that the LPA cannot properly take into account the statutory requirements of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended), or relevant NPPF policies. Having received further surveys, information, updated statements and structural evidence to help support the application, despite the concern raised by Historic England and the Victorian Society, the LPA are satisfied that the level of information supplied will enable an appropriate and informed assessment to be made of the scheme, whilst at the same time allowing an appropriate level of control of the development through specific and carefully worded planning conditions.
ASSESSMENT OF SIGNIFICANCE OF HERITAGE ASSETS
In terms of National Guidance, the NPPF advises that in relation to development impacting upon the historic environment, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting (Para 128). The assessment of the significance of The Mitre and the CCA submitted by the applicant and the subsequent addendum have been identified and the assessment is considered by the LPA to be in line with the requirements of the NPPF.
The assessment submitted suggests that the principal features of significance that contribute to the character or appearance of the CCA are as follows: Association with the growth of the Lancashire cotton industry and the industrial expansion of Burnley, Historical mix of industrial, residential and leisure uses in a dense pattern of development, Distinctive urban form and architectural character, based on functional requirements, use of local materials and engineering techniques, Townscape character based on the sinuous line of the canal and enclosing buildings and landscape, and Skyline of dense development seen from parts of the town and surrounding countryside.
In specific regard to The Mitre, it is mentioned within the Conservation area appraisal that, "This area marks the north western tip of the Weavers’ Triangle. From the busy road junction there is a prominent view of the canal. The former Willie Holt’s Billiard Hall, the Mitre Inn, Belle Vue Terrace and Belle Vue Mill provide a distinctive collection of historic buildings at this north western part".
The applicant acknowledges that the Mitre contributes to the conservation area as part of this collection of buildings, and in addition The Mitre is also specifically noted under para 7.6.64 of the conservation area appraisal which describes its condition as ‘derelict and poor’ (Pg. 50 of ‘Appraisal of The CCA’). However it is noted that this document was written in June 2013, shortly after the buildings that adjoined the Mitre on the site (and inside the conservation area boundary) had been demolished in 2012 with consent. The condition of the Mitre has continued to deteriorate since this was written.
In assessing the significance of the Mitre and its connection with the CCA, historically it was originally part of a larger collection that filled the whole site. The Mitre is the only remaining building from that group and it has degraded over the years by poor and unsympathetic alterations, by its lack of use and subsequently by its general decay. The main historic interest that these buildings offered was as a public house, contemporary with the development of the canal through Burnley and with the early industrial development in the town. The setting of this building and its association with the CCA has been massively degraded by road alterations so that the visual link between the Mitre and the canal is no longer clear (as is acknowledged by the Canal and River Trust).
In short, whilst the current application does seek to demolish a building which makes a positive contribution to the special character of the conservation area and replace it with a modern structure, both of which cause a level of harm to the designated heritage asset (NPPF 134), the question is how harmful is this development?
ASSESSMENT OF IMPACT ON SIGNIFICANCE OF HERITAGE ASSETS AND JUSTIFICATION
Paragraph 131 of the NPPF advises that ‘In determining planning applications, local planning authorities should take account of: the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness.
The NPPF notes that LPAs should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal (Para 129). As noted above, The Mitre is the only remaining building from a larger group of buildings on this site. The main historic interest that these buildings offered was as a public house, contemporary with the development of the canal through Burnley and with the early industrial development in the town. The setting of this building and its association with the CCA has been massively degraded by road alterations so that the visual link between the Mitre and the canal is no longer clear (as is acknowledged by the Canal and River Trust). Elevation drawings and a photographic survey of the safely accessible parts of the building provide a record of what is now remaining within the building itself and interior photos of the ground floor in particular show that the building has been significantly altered and has none of the character that one might associate with a mid C19th hotel building. Full drawings and photos have not been possible due to the bad state of repair. On this basis, the remaining buildings on the site are considered to be of medium to low significance in terms of the importance within the CCA.
The current application seeks to demolish The Mitre buildings which is accepted will have a negative impact on the character of this portion of the CCA as it is a building that contributes positively to its significance at this point. However, in terms of its contribution to the wider conservation area, this is considered to be minimal. The requirement of section 72 of the Planning (Listed Building and Conservation Area) Act 1990, which places a duty on local authorities that special attention should be placed on the desirability of preserving or enhancing the character or appearance of the conservation area. Whilst the demolition of a building could be seen as not preserving the character or appearance of a Conservation Area, the redevelopment of a ‘blight’ site would be beneficial as an enhancement.
Paragraph 132 of the NPPF details that any harm or loss should require clear and convincing justification. In terms of justifying the proposed development, details of the structural condition of the building have been provided as well as the consideration of a façade retention scheme that was considered at the outset. Due to the structural soundness of the building and the specialist requirements of the developer, the façade retention scheme was not considered to be financially viable and nor would it have provided a suitable end product for the developer. The condition of the building is poor and the evidence provided to state that it is beyond repair is accepted. Financially the building could not be retained, reused or incorporated into a redevelopment proposal due to the condition and work required to do so, as well as the financial cost that would render such work unviable, and the façade retention scheme would not create a suitable working footprint for the developer. As such, it is considered that an acceptable level of detail has been provided to evidence the need to demolish the building.
Paragraph 137 of the National Planning Policy Framework (NPPF) states that local authorities should look for opportunities for development to enhance or better reveal the significance of a conservation area. The proposal submitted is for a building that will have an important presence on this prominent site and that will reinstate a strong streetscape and frontage where one originally existed.
The LPA has considered the assessments made by the Agent and is in broad agreement with their findings. With the improvements made to the Weavers Triangle Area within the CCA, there is a real desire to enhance this particular area of the CCA. In more site specific terms, there is certainly an argument that this site currently makes a negative contribution to the appearance of the CCA by virtue of the overall condition of the buildings; however the architectural and historic nature of the buildings do add to the character of the CCA. The case put forward is that the development proposed by this site will redevelop an area of blight on an important gateway into the town without the difficulties and dis-benefits of a costly conversion of an existing building in a state of disrepair. The proposal will introduce a substantial change to the historic identity of the site by replacing the former Public House with a larger, modern commercial building that occupies the majority of the footprint of the site so discounting the beneficial effects of the new development on the appearance of the site as a whole, there will be a moderate harmful impact on the aesthetic values of the CCA as a result of the loss of the existing building. This, however, will be offset by the enhancement of the site with new development on a gateway location, and the development of this site for the purpose described would of course add to the economic vitality of the area and provide social benefits for Burnley as a whole. On this basis, the LPAs view is that the development proposal will lead to less than substantial harm to the significance of the CCA.
ASSESSMENT AGAINST PARAGRAPH 134 OF THE NPPF
Paragraph 134 of the NPPF advises that ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’
As noted above, the LPAs view is that the development proposal will lead to less than substantial harm to the significance of the CCA. This harm must be weighed against securing the sites optimum viable use alongside the public benefits of the scheme. The preferred option, which forms the basis of the planning application, has been considered and accepted by the LPA as one that will allow the site to be brought back into beneficial use but at the same time maximising the prospect of securing the long term reuse of this key gateway site. The financial viability aspects of the scheme have been discussed at length with the applicant and agent and it has been resolved, and agreed, that the only realistic means of securing regeneration of this site depends on the demolition of the existing buildings on the site and the redevelopment of the site with a new scheme. The LPA consider that whilst the buildings are not necessarily completely beyond repair, the cost of both stabilising and re-using the building prior to any conversion works, or the development of a façade retention scheme, would be unviable, and as such this proposed development would be the optimum viable use of the site.
Planning Practice Guidance (March 2014) advises that benefits do not always have to be visible or accessible to the public in order to be genuine public benefits. The benefits offered by the proposed scheme area as follows: 1) The proposal will allow a key gateway site of vacant and redundant land and property to be brought forward for regeneration for a productive use, 2) The more productive use of the site is likely to lead to further employment growth and job creation, and deliver other indirect employment opportunities through the construction phases, 3) The end use will provide a much needed facility for Burnley, in accordance with the Local Plan Policy for this area, that will provide significant social benefits to the town, 4) Without demolition of the building, it is likely that the site will remain vacant, and will continue to create dis-benefits for this part of the Conservation Area, 5) The general appearance of the site will be enhanced through development, and the proposed development will continue the further regeneration of the area as a whole.
The consideration of the benefits of allowing the site to be brought back into use and whether they outweigh the loss of the buildings of significance remains a balanced one and this will be further considered.
ASSESSMENT OF OVERALL IMPACT UPON THE CHARACTER AND SETTING OF THE CANALSIDE CONSERVATION AREA AND THE QUALITY OF THE PROPOSED REPLACEMENT BUILDING
The LPA has a General duty, as highlighted within the Planning (Listed Buildings and Conservation Areas) Act 1990, to pay ‘special attention to the desirability of preserving or enhancing the character or appearance of that area.’ There is no guidance as to how this is specifically achieved, but the LPA are confident that the on-going work with the applicants over the past year is testament to the ‘special attention’ the LPA have given to its desirability for preserving or, in this case, enhancing the character and appearance of the Conservation Area.
The English Heritage document Conservation Principles: Policies and Guidance for the Sustainable Management of the Historic Environment is intended to guide conservation thinking and practice in England. It defines ‘conservation’ as managing change in ways that will sustain the significance of places, for change in the historic environment is inevitable, whether caused by natural processes, through use or by people responding to social, economic and technological advances. Therefore if the significance of a place is to be retained and its historic value sympathetically managed, further change will inevitably be needed.
It is clear from the responses from Historic England and the Victorian Society that the resistance to allowing the demolition of the building in question rests also on the replacement building as well as on the contribution the existing building makes to the CCA within which it is located. The comments range from its form, massing and materiality being highly incongruous and damaging to the view that the scheme adopts an overly simplistic and unsympathetic approach to the redevelopment of the area. However, Historic England note that whilst they agree with the principle of inserting an evidently modern building, rather than a replica of those buildings which surround it, they are of the view that the currently proposed building does not sufficiently relate to its surroundings. Indeed they focus on the fact that the boundary of the Conservation Area is evidently deliberately traced around the Mitre and its site due to the important and positive contribution that the building makes to the character, appearance and special interest of the Conservation Area.
3D view of the site from Westway
However, the view now is that the setting of this building and its association with the CCA has been massively degraded by road alterations to a point now where the visual link between the Mitre and the canal is no longer clear (as is acknowledged by the Canal and River Trust). Therefore, although the building contributes to the significance of the CCA, the value of its contribution in the overall context cannot be the overriding consideration. In historical terms, the buildings are an integral part of the area, and therefore play a role in understanding how the Weavers’ Triangle was developed and functioned. In architectural terms, it is located on a gateway entrance into the CCA and is a building with a roadside frontage that relates to the rhythms and proportions of other surviving 19th century industrial properties which are characteristic of the area. However, it is considered that the visual significance of the building has been seriously diminished by changes made to its setting over the past 60 years, and it now stands alone, without an integral and meaningful context. The replacement of the building with a larger scale, and of more historical relevance to the past built form on the site will change these views, however this will ensure that a gateway/landmark building will continue to exist at this point in the CCA.
3D view of the site from Westgate
In developing the design principles for the development, a number of proposals were discussed and careful thought has been given to its form and character so as to respect the historic context of the area and the immediate surroundings. The proposed design is for a three storey building that will follow the building line set by the back of pavement and will be broadly similar in height and massing to the current buildings on the site. Another generator is the steeply sloping nature of the site, accommodating the 1.87m difference between Mitre street and West Way, whilst directly addressing each of these has resulted in a split level building with a central circulation tower providing access to each ‘wing’. The site is also bounded on all sides by existing road infrastructure, relating to these roads, addressing the street and providing active elevations and creating private external space has resulted in a very specific architectural response. The pivotal point on the elevation will be marked by a vertical screen serving the main stairwell with floor levels on either side of this pivot point stepping to address the slope of the site. As noted earlier within this report, the site is at a very important gateway into the town of Burnley from the M65 and The Mitre is the first significant landmark building that you encounter after leaving the motorway. Bearing this in mind, the LPA accept and support the desire by the applicant to propose a replacement building that is a landmark architectural statement to improve and enhance the appearance of this gateway site whilst also contributing to the townscape.
The proposed building will be constructed around a structural steel frame, with a modern external cladding system. One major advantage of this method, and indeed over the possible façade retention or re-use of the building, is the speed of construction and the flexibility of the spaces provided as a result of large spans. Creating open internal spaces clear of obstructions, very much along the lines of former textile mill buildings, this encourages flexible use through open plan spaces, at the same time future proofing the building, enabling the potential removal of non-load bearing internal walls for future adaptations, if or when the needs of the building change. The proposed cladding for the upper floors will be a in a ‘slate grey’ colour, taking reference from the local use of slate and grey finishes prevalent of the north light roof structure on the local mills. The ground floor will be more solid in appearance drawing reference from the local stone; the proposed material will have a similar colour and complimentary finish and weathering characteristics. The proposed windows are aluminium in a dark grey finish following on from the colours used on Victoria Mill and the other refurbishment/redevelopments further town Trafalgar Street. Drawing inspiration from the art stone window surrounds on the existing building, the proposals include for a modern frame around the windows to the upper floors that will cast shadows and provide relief to otherwise flat elevations. In addition to the proposed frames around the windows, some of the larger openings around the stairwells will have larger frames in a rust orange colour, making reference to the use of the Corten steel cladding utilised on Victoria Mill further down Trafalgar Street.
3D views from various viewpoints
The design has been heavily influenced by its location and the historic nature of the conservation area, drawing from the local use of the materials proportion and style to create a modern piece of architectural design that is considered to be sensitive to its context. Having considered all of the above, the scheme is considered to respond well to the conservation area setting, and carefully considers the impacts on the wider area. The proposed plans are consistent with the design parameters and principles provided with this application, and they demonstrate the transformational potential of the application proposals – namely delivering a high quality development on a key gateway site into Burnley.
North facing streetscape
Overall, the impact of demolition and redevelopment on the setting of the CCA will be both negative and positive. The loss of The Mitre will mean that it will be less easy to appreciate the historical form of the area; however the replacement development, which is considered to be respectful to the design, character and setting of the area, is considered to continue the historical process of renewal within the Weavers Triangle. As a result of both positive and negative effects, whilst the proposal does cause harm to the Conservation Area, this is considered to be outweighed by the overall benefits brought by the scheme and, on balance, they are considered to outweigh the loss of historic fabric from the site and the harm on this portion of the CCA.
IMPACT ON SETTING OF LISTED BUILDINGS Paragraph 134 of the NPPF advises that where a development will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. It is acknowledged that the Mitre does have an influence on the setting of two listed buildings but from the site of Trinity Church, the Mitre is only apparent as a ramshackle group of heavily altered outbuildings. The NPPF defines the setting of a heritage asset as ‘the surroundings in which [the asset] is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral’. The original setting of Trinity Church would have been created by the terrace of houses that originally fronted onto Mitre Street.
The other listed building in close proximity to the Mitre is the Billiards Hall, a building listed for its architectural and historical merit. The original significance of the setting of these buildings has been almost totally lost and the proposal here is for a building that will have a modern significance in the town by meeting a social need, very much in the way that the former buildings once did. The impact on the setting of the two adjacent Listed Buildings is considered less than substantial due to the limited impact it will have upon the significance of the site.
Bearing in mind the benefits of the scheme, as highlighted earlier in this report, that the scheme will ensure the optimal viable use for the site and that the impact upon the setting of these listed buildings is considered to be acceptable, the LPA has no objection with regards to any impact upon the listed buildings.
PLANNING BALANCE AND CONCLUSION
In determining previous proposals for similar proposals for the demolition of buildings within the CCA and the Weavers Triangle, it is noted that the Council as LPA previously concluded that retention ‘however desirable, and for whatever reason, would prevent development of edge of town centre sites, thereby continuing the blighting effect of progressive dereliction.’ Indeed it is suggested by the Agent for the application that this portion of the CCA has already been compromised due to the loss of its ‘close knit appearance and it’s now separation from the canal side itself following changes to the infrastructure in the area and the re-location of key roads.
Paragraph 137 of the NPPF advises that ‘Local Planning authorities should look for opportunities for new development within Conservation Areas and World Heritage Sites and within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.
As the assessment against the NPPF has shown, the case for the loss of the building from this site has been justified, showing that it is not practical or economically viable to retain the building within the development project. This aside, this does not negate the opportunity for enhancement of the conservation area or for its significance to be better revealed.
The general appearance of the site is currently very poor, being characterised by derelict buildings, vacancy and economic decline. In its present state, the site visually detracts from the character and appearance of the conservation area, and has a negative impact on values associated with the area. As a result of development, the site will be significantly enhanced by virtue of the erection of well-considered building, heavily influenced by its location and the historic nature of the conservation area, and one that draws from the local use of the materials proportion and style to create a modern piece of architectural design that is considered to be sensitive to its context. It is a scheme that is considered to respond well to the conservation area setting, and is one that carefully considers the impacts on the wider area. The illustrative plans are consistent with the design parameters and principles provided with this application, and they demonstrate the transformational potential of the application proposals – namely delivering a high quality development on a key gateway site into Burnley.
The benefits offered by the proposed scheme area as follows: 1. The proposal will allow a key gateway site of vacant and redundant land and property to be brought forward for regeneration for a productive use, 2. The more productive use of the site is likely to lead to further employment growth and job creation, and deliver other indirect employment opportunities through the construction phases, 3. The end use will provide a much needed facility for Burnley, in accordance with the Local Plan Policy for this area, that will provide significant social benefits to the town, 4. Without demolition of the building, it is likely that the site will remain vacant, and will continue to create dis-benefits for this part of the Conservation Area, and 5. The general appearance of the site will be enhanced through development and additional landscape planting, and the proposed development will continue the further regeneration of the area as a whole.
The LPA has worked closely with the applicant and agent to produce an acceptable scheme that will now provide the above benefits through a scheme that responds carefully to the number of issues surrounding such an important and sensitive site within the Conservation Area setting. I am mindful of the general duty of the LPA to pay special attention to the desirability of preserving or enhancing the character or appearance of that area (Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990), and I am satisfied that all avenues to preserve the building, and sequentially the character and appearance of the area, have been explored.
Whilst loss of the heritage buildings is in conflict with Policy E12 and E13 (cited below) of the Burnley Local Plan, the National Planning Policy Framework is the overriding policy consideration in this aspect now. As well as this, other material considerations, namely: the lack of economic viability of retention of the existing buildings, the absence of alternative uses found for the buildings in the years it has remained empty, the wider aspirations and regeneration benefits of bringing forward this stagnating development site close to the Town Centre; indicate that permission should not be withheld. This is due to the fact that in other respects, the development is in accordance with the Development Plan, in particular the policies (other than E12 and E13) listed at the start of this report.
The scheme is considered to enhance the character and appearance of this area, both physically and visually, and bearing in mind the significant number of wider benefits the approval of this scheme will offer, and that the proposals accord with the requirements of planning policy at all levels, both planning applications are recommended accordingly.
Recommendation: That planning permission for both applications is approved.
APP/2016/0228 - Conditions:
1. The development must be begun within three years of the date of this decision.
2. The development hereby permitted shall be carried out in accordance with the following approved plans: 1563 001 Rev A, 1563 002, 1563 003 and 1563 004, and in accordance with the Section NR – Scope of Works Report dated July 2016.
3. In accordance with the Section NR – Scope of Works Report dated July 2016; further information shall be provided in regards to the Cramer Street highways retaining structure once it has been exposed partway through the demotion process and inspected by a structural engineer. A report shall be submitted to the Local Planning Authority for consideration to ensure that the stability of Cranmer Street is not compromised by any works.
4. No development shall take place, including any works of demolition, until a demolition method statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. It shall provide for: a. The parking of vehicles of site operatives and visitors, b. The loading and unloading of plant and materials, c. The storage of plant and materials used in constructing the development, d. The erection and maintenance of security hoarding, e. Wheel washing facilities and road sweeping proposals (where necessary), f. Details of working hours, and g. Contact details for the site manager.
5. No demolition work shall take place on the development hereby approved outside the hours of 0730 to 1800 Monday to Friday, 0800 to 1600 on Saturday and not at any time on Sundays and Bank Holidays. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to the Local Planning Authority. There shall be no noisy operations on site before 0800.
6. Any redundant vehicle/pedestrian footway crossovers access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads concurrent with the formation of the new access/within.
7. No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a programme of archaeological recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. Once completed, the archaeological recording and analysis report shall be submitted to the Local Planning Authority.
8. Prior to the commencement of any development a pre-commencement habitat survey shall be carried out and the details of the survey provided to the LPA. If birds/bats or roosts are present on site, a full mitigation method scheme and statement will then need to be designed and reasonable avoidance implemented prior to any development. These details will also need to be submitted to and agreed in writing with the Local Planning Authority prior to works commencing.
9. Work shall not start on the demolition of any part of the building until a true copy of a contract, signed and exchanged, has been submitted to, and approved in writing by, the local planning authority for the construction of the development hereby approved under planning permission APP/2016/0229 or any subsequently approved development.
Reasons
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.
3. To ensure that the stability of the retaining structure adjacent to Cranmer Street is not compromised by any works in the interests of highway safety.
4. To ensure that the proposed development will have an acceptable impact on the amenity of nearby residents during the construction period.
5. To protect the amenities of nearby residents.
6. To limit the number of access points to, and to maintain the proper construction of the highway.
7. To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the buildings.
8. To ensure no habitats are disturbed or damaged in accordance with the requirements of the NPPF, the Wildlife and Countryside Act 1981, DEFRA Circular 01/2005, Circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, and The Conservation of Habitats and Species Regulations 2010.
9. In order that the site is not left undeveloped for an unreasonable length of time to the detriment of the character and appearance of the conservation area in which the site is located, in accordance with policy E13 of the Burnley Local Plan, Second Review.
APP/2016/0229 - Conditions:
1. The development must be begun within three years of the date of this decision.
2. The development hereby permitted shall be carried out in accordance with the following approved plans: 1563 001 Rev A, 1563 002, 1563 003, 1563 004, 1563 005, 1563 010 Rev. B, 1563 011, 1563 012, 1563 111 Rev. B, 1563 112 Rev. A, 1563 113 Rev. A, 1563 114 Rev. A, 1563 115 Rev. A, 1563 116 Rev. A, 1563 200 Rev. B, 1563 201 Rev. B, 1563 900 Rev. A and 1563 901, and in accordance with the Section NR – Scope of Works Report dated July 2016.
3. No development shall take place, including any works of demolition, until a demolition/construction method statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. It shall provide for: a. The parking of vehicles of site operatives and visitors, b. The loading and unloading of plant and materials, c. The storage of plant and materials used in constructing the development, d. The erection and maintenance of security hoarding, e. Wheel washing facilities and road sweeping proposals (where necessary), f. Details of working hours, and g. Contact details for the site manager.
4. No demolition or construction work shall take place on the development hereby approved outside the hours of 0730 to 1800 Monday to Friday, 0800 to 1600 on Saturday and not at any time on Sundays and Bank Holidays. Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to the Local Planning Authority. There shall be no noisy operations on site before 0800.
5. Any redundant vehicle/pedestrian footway crossovers access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads concurrent with the formation of the new access/within.
6. Prior to the commencement of built development, details of the proposed temporary site compound and car parking area on the land off Accrington Road (outlined in red on plan drawing 1563 001 Rev. A) to be created during the construction phase, shall be submitted to the Local Planning Authority for approval in writing. The submitted details shall provide information on, a. The number, type and location of any temporary office/amenity buildings on the site, b. The location of parking for vehicles of site operatives and visitors, c. Materials to be used to create the compound and parking area, d. The erection and maintenance of security hoarding, e. Details of working hours, and f. Contact details for the site manager.
Within three months of the completion of the building hereby approved, the site shall be returned back to its former condition to the satisfaction of the Local Planning Authority.
7. The development permitted by this planning permission shall be carried out in accordance with the approved surface water drainage scheme (Ref: LRD28246 Rev 04, Dated: April 2016, By: Sutcliffe). The surface water drainage scheme shall be fully implemented prior to occupation and in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority in consultation with the lead local flood authority. For the avoidance of doubt and unless otherwise agreed in writing by the Local Planning Authority, surface water must drain at the restricted rate of 5 l/s. The development shall be completed in accordance with the approved details.
8. Prior to the commencement of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the Local Planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum: a. The arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a Resident’s Management Company; and b. Arrangements concerning appropriate funding mechanisms for its ongoing maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as ongoing inspections relating to performance and asset condition assessments, operation costs, regular maintenance, remedial woks and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.
The development shall subsequently be completed, maintained and managed in accordance with the approved plan.
9. In order to establish the exact situation regarding coal mining legacy issues on the site, prior to the commencement of built development a scheme of intrusive site investigations shall be submitted for approval in writing by the Local Planning Authority and The Coal Authority. The submission shall also include, a. The undertaking of that scheme of intrusive site investigations; b. The submission of a report of findings arising from the intrusive site investigations; and c. The submission of a scheme of remedial works for approval. Any remedial works identified by the site investigation shall be undertaken prior to commencement of the built development, and following completion a verification report shall be submitted for approval that highlights that the works have been carried out.
10. The car park shall be surfaced or paved in substantial accordance with the drawing. The car parking spaces and manoeuvring areas, and cycling facilities, shall be marked out in accordance with the approved plan, before the use of the premises hereby permitted becomes operative.
11. No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a programme of archaeological recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority.
12. Full details of the method of illumination of the external areas of the site shall be submitted to and approved in writing by the Local Planning Authority before development is occupied and the lighting shall only be implemented wholly in accordance with the approved details.
13. Prior to the commencement of any development a pre-commencement habitat survey shall be carried out on site and the details of the survey provided to the LPA. If birds/bats or roosts are present on site, a full mitigation method scheme and statement will then need to be designed and reasonable avoidance implemented prior to any development. These details will also need to be submitted to and agreed in writing with the Local Planning Authority prior to works commencing.
14. The external terrace area accessed from the lower 1st floor (as shown on plan drawing 1563 113 Rev. A) shall only be accessible by staff and shall not be used an informal garden/amenity area at any time.
15. Notwithstanding any description of materials in the application, no construction works on the approved development shall start until precise details of all materials to be used in the construction of the approved development have been submitted to and approved in writing by the Local Planning Authority. The materials used in the development shall be in accordance with the approved scheme, to the satisfaction of the local planning authority.
16. No built development shall start until an assessment of the noise likely to affect the development has been submitted to, and approved in writing by the Local Planning Authority. The assessment shall take into account the noise from surrounding road networks and any other noise sources which are deemed significant on the site. The assessment shall identify all noise attenuation measures which may be determined appropriate to reduce the impact of noise on the residential properties. Once approved in writing, all noise control measures shall be implemented and thereafter retained.
Reasons
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.
3. To ensure that the proposed development will have an acceptable impact on the amenity of nearby residents during the construction period.
4. To protect the amenities of nearby residents.
5. To limit the number of access points to, and to maintain the proper construction of the highway.
6. To ensure that the proposed development will have an acceptable impact on the amenity of nearby residents during the construction period, and to ensure that there are no long term impacts of the development
7. To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to prevent an undue increase in surface water run-off.
8. To manage flooding and pollution and to ensure that a managing body is in place for the sustainable drainage system and there is funding and maintenance mechanism for the lifetime of the development.
9. The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment Report that coal mining legacy potentially poses a risk to the proposed development and that intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site.
10. To allow for the effective use of the parking areas.
11. To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the buildings.
12. To protect the amenities of nearby residents.
13. To ensure no habitats are disturbed or damaged in accordance with the requirements of the NPPF, the Wildlife and Countryside Act 1981, DEFRA Circular 01/2005, Circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, and The Conservation of Habitats and Species Regulations 2010.
14. To protect the amenities of nearby residents.
15. To secure a satisfactory development in materials which are appropriate to the locality, in the interests of visual amenity and in accordance with policies GP3, E12 and E16 of the Burnley Local Plan, Second Review.
16. In the interests of the amenity of the future occupants of the development, in accordance with policy GP1 of the Burnley Local Plan, Second Review.
GDT
Application Recommended for Delegation APP/2016/0359 Gawthorpe Ward
Full Planning Application Proposed extension and alterations 13 DRYDEN STREET PADIHAM
Background:
The application relates to a mid-terrace house and is to provide facilities for two disabled children in the applicant’s family. An objection has been received.
The proposed extension is longer than would normally be recommended for approval.
The possibility of amending the design to reduce its length is currently under consideration and will be reported at the meeting.
Relevant Policies:
Burnley Local Plan Second Review H13 - Extensions and conversion of existing single dwellings
Site History: 1991/0824: Proposed ground floor extension to provide requested disabled facilities – Permitted development
Consultation Responses: Neighbouring resident – Objections as follows: 1. Loss of light to family living room; existing extension already affects light and the proposed extension is longer. 2. The materials (rendered blockwork walls and concrete tiled roof) do not fit with the natural stone/slate of the existing house and surroundings.
Planning and Environmental Considerations:
The application relates to a dwelling house, an inner one in a terrace of 4 similar houses. The terrace has a rear access tunnel at its mid-point.
A single storey rear extension is proposed. It is designed to provide accommodation for two disabled children of the family occupying the house. It would provide two ground floor bedrooms, with the existing ground floor accommodation being adapted to add a ground floor bathroom closely accessible from the proposed bedrooms.
The submitted design shows it that it would project 7.2m from the rear wall of the house. It would be 5.4m wide overall – 3.6m wide at its extremity, angling wider to its full width at a point 3.75m from the rear house wall. It would have rendered walls under a concrete tiled roof. The side walls of the extension would be set in from the side boundaries (respectively): 0.5m from the side boundary (long part)); 1.2m from the side boundary (shorter part). Approximately 6.6m length of garden would remain for the extended dwelling.
The submitted application drawings are copied below to assist description.
Existing ------
Proposed Policy and assessment
Policy H13 supports extension of dwellings provided (as relevant to this application) the design is in keeping with the existing house and surroundings, and the amenities of neighbouring residents are not adversely affected.
It is noted that the representation from the neighbouring resident makes objection to the proposal of both these matters.
Materials The proposed extension would be built with a rendered finish and concrete tiled roof, compared with the natural stone and slate of the existing building and immediate surroundings. It is not unusual for rear extensions to be finished in such materials in view of the relatively high cost of natural stone/slate. The existing extension, which would be replaced by the proposal, has rendered walls.
Assuming neat construction work, the extension would not be visually harmful in itself, provided the finished colour matches the existing building. This could be achieved by a planning condition.
Residential amenity The proposed extension, in relation to No.15 Dryden Street would be (with dimensions of the existing extension in parentheses) 1.1m (0.4m) from the side boundary; 2.4m high to eaves (2.6m high to flat roof); 3.75m long flanking the side boundary, then angling away at 45 degrees, to total length 7.2m (3.3m long). As such, there would be little, if any, additional adverse impact arising from the proposal.
No.15 Dryden Street Existing extension (to be removed)
In relation to No.11 Dryden Street, the extension would be 0.5m inside the side boundary fence; 7.2m long and 2.4m high to eaves. This would be unusually long for an extension in this position and would have some impact on the outlook from that neighbouring property.
No.11 Dryden Street
Further consideration is being given to this matter in negotiation with the designer of the scheme to see if improvements can be achieved that, taking account of the circumstances of the applicant, can be recommended for approval at the meeting.
Recommendation:
That provided the application contains an acceptable design, the decision to grant planning permission shall be delegated to the Head of Housing and Development Control, subject to any conditions relevant to the development.
AR 12.9.2016
BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
REPORTS ON PLANNING APPLICATIONS
Photograph McCoy Wynne
Part II: Decisions taken under the scheme of delegation. For Information
22nd September 2016
Housing and Development
Delegated Decisions from 15/08/16 to 11/09/16
APPLICATION_NO LOCATION PROPOSAL
Express Consent to Display an Advertisement
Advert Consent Granted
APP/2016/0297 40 42 ST JAMESS STREET Proposed replacement of signage following BURNLEY BB11 1NQ corporate rebrand
APP/2016/0303 PRINCE PRIVATE HIRE 143 ST Retrospective application for retention of JAMESS STREET BURNLEY illuminated projecting sign and externally illuminated fascia sign.
APP/2016/0306 McDONALDS RESTAURANT Proposed increase and relocation of existing BURNHAM GATE BURNLEY BB11 pole sign 4SL
Compliance with conditions
Conditions discharged
APP/2016/0360 UNIT 15 GANNOW LANE Application for approval of details reserved by BURNLEY BB12 6HY conditions 3, 14 and 15 of planning permission APP/2015/0114
Conditions partially discharged
APP/2016/0319 SHUTTLEWORTH PASTURE Application for approval of details reserved by FARM BACK LANE BRIERCLIFFE condition 4 of planning permission BB10 3RD APP/2014/0271
Full Planning Application
Full Planning Permission Granted
APP/2016/0258 1 GLENDOR ROAD Proposed garage and store room extension WORSTHORNE BURNLEY BB10 4HL
APP/2016/0280 9 MAY AVENUE BURNLEY BB11 Proposed bed/shower room extension 3DW
APP/2016/0287 23 HOWARD STREET BURNLEY Demolition of existing rear extension and BB11 4BJ addition of one rear single storey flat roof extension
APP/2016/0293 217 RIDGE AVENUE BURNLEY Proposed side extension inside new roof truss BB10 3JF
APP/2016/0299 14 PLOVER STREET BURNLEY Proposed single storey rear kitchen extension BB12 0HE and associated alterations
Date Printed: 13/09/2016 2 Delegated Decisions from 15/08/16 to 11/09/16
APPLICATION_NO LOCATION PROPOSAL
APP/2016/0301 D & D MOTORS 19 Proposed extension to side MARLBOROUGH STREET BURNLEY
APP/2016/0302 15 THE SPINNEY BURNLEY BB12 Revision of APP/2016/0034. Proposed ground 0PB floor sitting room in lieu of garage (3 car spaces on driveway)
APP/2016/0310 56 KIDDROW LANE BURNLEY Lowering of 4.57 Metres kerb (Five individual BB12 6LH kerb stones) give access to double driveway
APP/2016/0326 LONG HEY HOUSE HALIFAX Proposed erection of porches to South and ROAD BRIERCLIFFE BB10 3QZ West elevations, formation of new window opening to North elevation, alterations to roof etc of previously approved garage, erection of linked store and stable block. APP/2016/0328 SHUTTLEWORTH HALL FARM Continuation of use of former farm shop to use HIGHER SHUTTLEWORTH as dog care centre HAPTON BB12 7EL
APP/2016/0339 LOW SYM HALIFAX ROAD Proposed 2 storey extension to side and single BRIERCLIFFE BURNLEY BB10 storey extension to rear 3QY
Full Planning Permission Refused
APP/2016/0304 Rear of 391 PADIHAM ROAD Erection of extension to Care Home (Class C2) BURNLEY BB12 6SZ to provide detached block accommodating 5 flats for use in connection with the Care Home
Date Printed: 13/09/2016 3