DEVELOPMENT CONTROL COMMITTEE BURNLEY TOWN HALL
30/06/2016 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 2nd June 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
(i) APP/2015/0466 - 19 Athol Street North, Burnley - Proposed erection of shop/dwelling
(ii) APP/2016/0021- Land Former WM Blythe Chemicals, Manchester Road Hapton -Proposed erection of 202no. houses with associated access, open space and landscaping
7. Decisions taken under the Scheme of Delegation
To receive for information a list of delegated decisions from 23rd May to 19th June 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: 22nd June 2016
BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
REPORTS ON PLANNING APPLICATIONS
Photograph McCoy Wynne
Part I: Applications brought for Committee consideration
30th June 2016
Housing and Development
DEVELOPMENT CONTROL COMMITTEE
30th June 2016
INDEX
App No Description Location Recommendation Page No APP/2015/0466 Proposed erection 19 Athol Street Recommended for 1 of shop/dwelling North, Burnley Delegation APP/2016/0021 Proposed erection Land Former Recommended for 9 of 202no. houses WM Blythe Approval with associated Chemicals, access, open space Manchester and landscaping Road Hapton
Application Recommended for Delegation APP/2015/0466 Trinity Ward
Full Planning Application Proposed erection of shop/dwelling 19 ATHOL STREET NORTH, BURNLEY
Background:
The site is a vacant plot of land (site of 19 Athol Street North which was demolished) at the end of a terraced row of houses. Permission was refused in 2005 for the erection of a shop on the site; at that time the land was allocated as open space on the Neighbourhood Action Plan for South West Burnley (this no longer applies).
An objection has been received.
The application is recommended for delegation as an amended plan is awaited (window not shown on the Tay Street elevation plan).
Relevant Policies:
Burnley Local Plan Second Review CF12 - Local and village shops GP1 - Development within the Urban Boundary GP3 - Design and Quality GP5 - Access for All TM15 - Car parking standards H9 – Regenerating deprived urban areas and neighbourhoods E25 – Shop fronts H12 – Non-residential uses in residential areas H3 – Quality and design in new housing development
Article 35 Statement
The application as submitted was generally in accordance with local plan policies, however there were negotiations required as the scheme did not provide for a reasonable degree of privacy/outlook for residents at the rear/side and the design was not acceptable. Following discussions with the applicant amendments have been made and the proposals are now acceptable.
Site History:
90/1040 – proposed 2-storey extension to 19 Athol Street North– refused 91/0458 – proposed 2-storey extension to 19 Athol Street North – granted 05/1080 – proposed erection of shop on site of 19 Athol Street North– refused
Consultation Responses:
Highway Authority – It is unclear what the nature of the shop is intended to be (food/non-food retail), however taking into account the availability of on-street customer parking along Tay Street I would raise no objection to the proposal on highway grounds. Environmental Health – Suggest that conditions in respect of construction hours and sound proofing are added if the application is approved.
Neighbouring residents – One letter objecting to the application for the following reasons: the proposal would cause significant increase in noise and disturbance; would cause increased traffic and highway safety issues and cause a danger to nearby schools; increase in refuse and limited space for storage of bins.
The Coal Authority – The Coal Authority has no objection to the proposed development. However, further more detailed considerations of ground conditions and/or foundation design may be required as part of any subsequent building regulations application.
The potential exists for unrecorded mine workings to be present within coalfield areas. In the interests of public safety, therefore The Coal Authority recommend that, should planning permission be granted for this proposal, that an Informative Note is added to the decision notice stating that if unexpected coal mining features are encountered during development then they should be reported to The Coal Authority.
Planning and Environmental Considerations:
The site is located in a predominantly residential area and is located at the end of a row of terraced houses; it is a cleared site opposite the Sure Start Centre on Tay Street. The proposal involves the erection of a shop with living accommodation above consisting of a shop, garage/store and WC on the ground floor, 2 bedrooms, lounge, kitchen and bathroom on the 1st floor and a bedroom, on-suite and store room on the 2nd floor in the roof space.
The main planning considerations are design/materials, privacy/outlook, residential amenity, highway issues and refuse storage.
Design/materials The proposed building would fill the whole of the site, being 2-storey with a single- storey section at the rear adjacent to no.19 Athol Street North. On the elevation onto Tay Street would be the main shop front and with a garage door to the right hand side. On the elevation onto Athol Street North would be a shop window to the right hand side. No doors are proposed on the Athol Street North elevation. The windows on the Athol Street North elevation line in with the existing windows in the terraced row, the shop window on this elevation, although it is a double window it is in line with existing ground floor windows and is split into two to give a vertical emphasis.
The shop front on the elevation to Tay Street consists of a central doorway with double windows to either side; although the shop front is not of a traditional design the shop windows are split into two to give a vertical emphasis and the shop front is considered to be acceptable in this location.
Athol Street North site proposed for the shop/dwelling Sure Start Centre
There is a bedroom window missing from the plan on the Tay Street elevation; it is shown on the room layout plan but not on the elevation plan below. An amended plan is therefore awaited (see below).
approx. position of window (amended plan awaited)
The proposed materials are re-constituted stone for the Athol Street North and Tay Street elevations with render on the rear elevation. It is considered that the Athol Street North and Tay Street elevation should be built in natural stone to match the existing terraced row; render would be acceptable on the rear. No details have been submitted for the roof materials; blue slate would be required to match the existing terrace. A condition would be required in order to ensure that matching stone for the elevations and matching roof slate are used for the development as artificial equivalents would not be acceptable given that the shop/dwelling will be attached to the existing terrace.
Providing that the materials for the Athol Street North and Tay Street elevations are natural stone and blue slate used for the roof the proposals are considered to be acceptable in terms of design and materials.
site proposed for the shop/dwelling
Privacy/outlook The original proposals consisted of the whole of the property being 2-storey with windows on the rear elevation opposite dwellings at the rear. The proposals have now been amended taking into account outlook and privacy issues for the dwellings at the rear/side. There are no windows proposed now on the rear elevation and there is a single storey section now directly adjacent to the rear of no.19 Athol Street North so that privacy and outlook are no longer an issue for these properties.
There was previously a dwelling on the site which was demolished. The property on the opposite side of Athol Street North (no.20) did previously therefore have a building opposite it. The proposed building would be in the same position and would have a shop window on the ground floor and two bedroom windows on the 1st floor. On the opposite side of Tay Street is the Sure Start building which provides community services.
Privacy and outlook for occupiers of nearby properties are now considered to be acceptable.
application site residential properties at the rear of the site
Residential amenity The main shop front and doorway are located on the Tay Street elevation and are not facing any residential properties; noise and disturbance should therefore be minimal for the adjacent dwellings. In order to protect noise from inside the premises a condition would be required (if approved) in respect of the submission of a scheme in respect of noise insulation of the building.
The shop falls within the criteria of policy CF12 – Local and village shops; the gross floor space would be under the 150sq m as specified in this policy. The shop would be easily accessible and, dependant on the type of shop, it is envisaged that the majority of people going to the shop will come on foot from the surrounding residential area. It is envisaged that any cars going to property will park on Tay Street therefore disturbance from cars for existing residents should not be significant.
Opening hours can be restricted by condition to further limit disturbance for residents at unreasonable hours (opening hours of 7am until 8pm, 7 days a week would be reasonable).
The proposal is considered to be acceptable in terms of residential amenity.
Highway issues The Highway Authority have no objections to the proposals stating that there is on- street parking available along Tay Street.
Refuse storage Refuse storage is proposed within the garage/store, which is considered to be acceptable.
Conclusion The proposals are considered to be acceptable and in accordance with the Local Plan policies listed above. Recommendation:
That the application is delegated for the Head of Housing and Development Control to approve subject to the receipt of satisfactory amended plans ( addition of bedroom window on the Tay Street elevation).
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 approved plans.
3. Construction works shall not be permitted outside the following hours:
Monday to Friday 08:00 to 18:00
Saturdays 08:00 to 13:00
Construction works shall not be permitted on Sundays or Bank or Public Holidays
4. No development shall start until a scheme for the noise insulation of the approved building has been submitted to and approved in writing by the local planning authority. The approved scheme shall be fully implemented before the building is brought into use and thereafter retained at all times.
5. Notwithstanding any description of materials in the application, no development shall start until a scheme showing precise details of all materials, including facing and roofing materials, have been submitted to and approved in writing by the Local Planning Authority. The materials used shall be natural stone for the Athol Street North and Tay Street elevations and natural blue slate for the roof.
6. The ground floor shop premises hereby approved shall not operate outside the hours of 7am and 8pm on any day.
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 site working only takes place during normal working hours in order to restrict the times during which any disturbance and nuisance may arise to nearby noise sensitive premises.
4. In the interests of the amenities of the neighbouring occupiers, in accordance with policy GP1 of the Burnley Local Plan, Second Review.
5. To secure a satisfactory development in materials which are appropriate to the locality and adjoining terraced row, in the interests of visual amenity.
6. To protect the amenities of nearby residents, in accordance with policy CF12 of the Burnley Local Plan Second review.
Application Recommended for Refer to APP/2016/0021 Secretary of State
Hapton with Park Ward
Full Planning application Proposed erection of 202no. houses with associated access, open space and landscaping LAND FORMER WM BLYTHE CHEMICALS MANCHESTER ROAD HAPTON
Background: The proposal is to carry out a residential development of 202 houses on part of the former Blythe’s works site that operated on this site for 150 years. The site closed in 2008 and has been vacant since it was subsequently cleared of all buildings. The site is located approximately 3 miles west of Burnley town centre and adjoins the north side of Hapton village, bounding the Leeds and Liverpool canal on its southern side, Manchester Road to its western side, Stone Moor and Pollard Moor to its north and east side. Burnley Bridge Business Park (former Hepworth works) is located beyond Pollard Moor to the east of the site.
Site access on Manchester Road Fmr works site on north side of canal
The application site amounts to approximately 15ha which represents the whole of the former Blythe’s site, including the chemical woks (5ha), an associated landfill site (5.5ha) and undeveloped land (4.6ha) on the north side of the site which included service roads, a secondary access and treatment plants.
The proposal is to develop the main part of the former chemical works (approximately 4.53ha) and a portion of the undeveloped land (approximately 1.17ha) for residential development and to landscape and bring forward the remainder of the area for recreation (approximately 9.3ha). The site is identified on the Proposals Map of the Local Plan as being within the urban boundary in respect of the main works site with the rest of the site within the designated Green Belt between Burnley and Accrington towns.
The proposal involves utilising the existing site access to serve a development of 47 detached houses and 155 semi-detached houses and garages/parking in a series of loop roads and cul-de-sacs. The layout provides for the retention of a belt of mature woodland trees across the site; other trees close to the site entrance, to the north of the site and along parts of the canal boundary would be removed. Two World War II spigot mortar emplacements and shelter are identified within the area of retained trees and would be preserved in situ. A gravel path has been created along the tree corridor from a new pedestrian access on Manchester Road to the area of open space to the east side of the site where an equipped childrens play area and a separate informal play area for ball games would be located. Accessibility to the site would be improved by the creation of two access points onto the canal towpath to the south side of the site, one of which would provide for cycle access. Numerous footpath access points are also proposed to the surrounding areas of landscaped open space to the east side of the site.
Proposed site layout
The proposed dwellings are simply designed and would be a mix of reconstituted stone and facing bricks with flat concrete tiles to the roofs. The plan below shows how the perimeter parts of the site, including properties facing the canal corridor, would be constructed in reconstituted stone whilst the majority of the dwellings within the site would be red brick.
Prior to making the application, the applicant has carried out some community involvement by distributing information sheets to 370 households and local councillors in November 2015 to inform residents of the details of the proposed scheme.
Relevant Policies:
Burnley Local Plan Second Review GP1 – Development within the urban boundary GP2 – Development in rural areas E2 – Nature conservation – County biological and geological heritage sites and local nature reserves E3 – Wildlife links and corridors E4 – Protection of other features of ecological value E5 – Species protection E6 – Trees, hedgerows and woodlands E8 – Development and flood risk E16 – Areas of traditional construction E26 – Development in the green belt E27 – Landscape character and local distinctiveness in rural areas and green belt E34 – Derelict and contaminated land and derelict buildings E35- Sites generating landfill gas GP3 – Design and quality GP9 – Security and planning out crime EW7 – Redevelopment of existing employment land and premises for no-employment uses H2 – The sequential release of further housing land for development H3 – Quality and design in new housing development H4 – Providing a choice of housing in new development H5 – Local housing needs H6 – Housing density H7 – Open space in new housing development TM3 – Travel plans TM4 – Transport hierarchy within development proposals TM6 – Walking and horse riding in the countryside TM15 – Car parking standards
National planning guidance:- National Planning Policy Guidance National Planning Practice Guidance National Planning Policy for Waste Development Brief Development Brief for the re-development of the former William Blythe Chemical Works – endorsed by the Council in July 2011.
Site History:
12/99/0514 – Hazardous substance consent for the storage of Sodium Chlorate 50 tonnes, Potassium Chlorate 50 tonnes, Calcium Iodate 60 tonnes, Sodium Metaperodate 50 tonnes at Wm Blythe Chemicals Ltd, Manchester Road, Hapton. Approved February 2001.
12//2010/0552 - Closure and restoration of landfill site to include contour reprofiling, importation of soils and clays for capping purposes and associated landscaping. Approved by Lancashire County Council in May 2011.
EIA Screening request submitted in September 2015 – Not EIA development.
Consultation Responses:
Highways England:- Initial comments requested further assessment work be carried out on the impact of the development on the Strategic Road Network. Following the submission of a further technical note, no objections are made and a condition is recommended to support the principles of sustainable transport by requiring a travel plan and associated travel plan co-ordinator be put in place from the first occupation of the development for a period of five years.
LCC Highways:-Generally there are no highway issues associated with the development. Concerns relating to the incomplete pedestrian link over the canal bridge between the site and Hapton village have been rectified by the construction of footways and the installation of signals by Lancashire County Council. There is a need to improve public transport facilities close to the site by relocating the existing north bound bus stop at Castle Cough closer to the site and the installation of a bus shelter. Advance warning signs and ‘slow’ road markings are also required to highlight the presence of the site access. A visibility splay of 2.4m x 59m is required to the north of the site and it is not clear from the submitted plans whether the boundary wall would be affected and advise that a condition be imposed to ensure this is achieved. The site is close to pedestrian and cycle links (canal towpath and Padiham Greenway and employment opportunities at Burnley Bridge Business Park). These links should be improved to reduce the need to travel by car and a contribution of £60,000 should be sought. The revised layout identifies a number of detailed matters including the direct pedestrian openings from various plots onto Manchester Road and the need for a service strip at a proposed cul-de-sac road [the applicant is making further changes to the layout to accommodate these matters]. The submitted travel plan should more actively encourage participation in sustainable transport modes and it is suggested that could be achieved by a cycle voucher scheme (to the value of £300 per dwelling), a pre-paid public transport ticket for a period of a month (one per dwelling) and electric charging points for each dwelling. Conditions are recommended to require a Construction Method Statement, to prevent any direct vehicular or pedestrian access onto Manchester Road (except where permitted), the construction of all access roads to LCC specification, the provision and maintenance of visibility splays at the site entrance, a scheme for the construction of the site access and off-site works of highway improvement (relocation of bus stop, erection of bus shelter and bus boarder, erection of warning signs and road markings).
Health & Safety Executive:- Advise against the development unless either the current Hazardous Substance Consent on the site is either revoked or a condition is imposed to prevent any occupation of the site until it has been revoked.
Environment Agency:- No objection to the objectives and actions in the remediation strategy and also request that additional chemical monitoring of the surface waters be undertaken.
United Utilities:- No objections subject to conditions to require foul and surface water to be drained on separate systems, a surface water drainage scheme based on sustainable forms of drainage and a sustainable drainage management and maintenance plan. It is also noted that a public sewer crosses the site which requires an easement of 6m.
Local Lead Flood Authority (LCC):-No objection subject to conditions to require an appropriate surface water drainage scheme based on sustainable drainage principles, a Sustainable Drainage Scheme (SuDS) management and maintenance plan and a surface water lifetime management and maintenance plan. The applicant is advised that no development should be within 8m of the culverted Shaw Brook watercourse that crosses the site.
Canal & River Trust:- No objection. Part of the site lies below the level of the canal in which case construction work in close proximity to the canal has the potential to adversely affect the structural integrity of the canal and the retaining wall. The retention of the wall and the site topography (the majority of the site slopes away from the canal) will help to screen the new development. Although some existing vegetation is proposed to be removed along the canal boundary, new landscaping and trees are proposed and should use native species. The boundary wall should be repaired, including the removal of unsightly barbed wire to ensure the visual appearance of the canal corridor is improved. The applicant will require a towpath access agreement with the Trust. The towpath is in a poor condition at this location and due to the increased usage associated with the development, recommend that a contribution is sought from the developer for its improvement. The applicant is also encouraged to consider a towpath adoption scheme to provide for the future maintenance of the towpath. The Trust support the remediation of the site to ensure that the canal is protected from pollution. It is also recommended that conditions are attached relating to a scheme of investigation of the canal bank retaining wall, details of excavations and a method statement for works close to the canal bank, measure to protect the culvert on the site, details of hard and soft landscaping and details of drainage arrangements.
Coal Authority:- Objection. The application falls within the defined Development High Risk Area where there are coal mining features and hazards which need to be considered . The applicant’s ground investigation report acknowledges that mine workings are present within the Arley Mine coal seam and pose a potential risk to stability. Further specialist investigation is required to ensure that the site can be safely developed [the applicant has responded to the Coal Authority and a further response will be reported in late correspondence prior to the meeting].
Ecology Consultant :- It should be determined prior to making a decision whether any trees with the potential to support bats are to be pruned/removed and if the canal wall with the potential to support bat roosts is to be repaired/repointed. Conditions are recommended to require a Construction Ecological Mitigation Plan and a Biodiversity Enhancement Strategy which would include a landscape plan to improve native planting, restrict lighting and provide for bat boxes and bird boxes at suitable locations within the site. [New survey reports relating to potential bat roosts have been carried out and the Ecology Consultant’s response to this will be reported in the late correspondence before the meeting].
Architectural Liaison Officer (Lancashire Constabulary):- Recommend that the development be built in accordance with Secured by Design standards.
LCC Planning Contributions:- An education contribution is not required.
LCC Archaeology:- No objection. The proposal to retain the two existing World War II mortar spigot emplacements and a shelter/store are welcomed. Further detail of what is proposed and how the protection will be undertaken is required. The site is also crossed by the lines of two former colliery tram roads which together with a warehouse and colliery office are shown on a OS map of 1848 before they were replaced by the Hapton Chemical Works. Recommend a condition to require a programme of archaeological recording and analysis to ensure the safeguarding of matters of archaeological significance.
Head of Amenities and Greenspace:- The area of open space shown to the east and north of the housing development exceeds the open space requirements for the development but request a modest equipped childrens play area (6-7 items) and an area of amenity open space (0.6ha) for informal play and ball games [this has now been provided].
Land contamination officer- No objection. The submitted remediation strategy addresses the contamination on the site; a thorough sampling strategy has been carried out and has identified several sources of contamination, namely, heavy metals, asbestos and hydrocarbons. Recommend that all remedial measures detailed within the report are adhered to and fully documented and that a full validation report is submitted to the Council following the completion of the development.
Environmental Health Officer:- No objections. Recommend conditions to require the following: noise assessment to assess environmental noise from the surrounding road network, including the M65 and the Burnley Bridge Business Park and to identify appropriate noise attenuation measures; a restriction on hours of construction work; and, electric car charging points at 10% of the proposed dwellings, taking into account the potential increase in local air pollution.
Burnley Civic Trust:- Object to that part of the development that extends into the Green Belt. The Trust is also concerned about the proposed means of access and ask for consideration to be given to providing a more suitable access.
Lancashire Wildlife Trust:- Object. The Trust is not satisfied that the applicant’s ecology report follows the British Standard code of practice and refers to inadequate surveys, making the presence of protected species unknown. It states that it does not take account of the ecological networks that have been commissioned by the Lancashire Local Nature Partnership, will have an adverse impact on the wildlife corridor associated with the Leeds-Liverpool canal and will result in a net loss of habitats and has not been adequately compensated for. As such, the Trust states that the application does not meet the definition of sustainable development. The Trust also states that it is pleased that the proposal involves making 8ha of land accessible to the public by providing footpaths/trails and connections to Stone Moor, public footpaths and the canal towpath and this land should be surveyed for flora and fauna and be subject to a detailed management plan.
Burnley Wildlife Conservation Forum:- Object to the part of the proposed housing development north of the former Blythe chemical works footprint area on the grounds of a severe adverse effect on wildlife value. The part of the development north of the former chemical works which is within the Green Belt comprises a varied mosaic of wet marshy grassland, semi-natural grassland, scrub, semi-mature trees and shrub habitats which are valuable for wildlife and complement the habitats found in the adjacent Pollard Moor portion of the Pollard Moor, Hapton Common and Bentley Wood Green Biological Heritage Site (BHS). Also to the north of the works and to the south west of the Green Belt is an area of mature woodland (mainly sycamores but also hawthorn, holy, elder and wych elm) which is a valuable feeding and breeding resource for birds because of its privacy and lack of human intrusion.
Hapton Parish Council:- Object on traffic safety issues due to the access being too close to the bridge. Also wish for the Spigot on site to be considered due to its heritage.
Publicity:- Five letters of objection has been received making the following comments:- Hapton is only a small village and do not wish it to become a town Object to the amount of development and consider a development of 40-50 houses to be more appropriate Dangerous location for the site access so close to the canal bridge where there have been many accidents, creating hazards for all traffic, including vehicles emerging from Stable Gates Increased traffic and noise levels in Hapton and Hapton Road/Green Lane, Padiham Access should be provided from more than one area Impact on local infrastructure, for example local schools and doctors may not have the resources to cope with the increased demand The historic WWII spigot mortar on site should be protected
A summary of representations received from Councillor Hosker is provided below:- The entrance to the site is too close to the bridge and new traffic lights Concerns relating to building on a chemical site Developers should contribute to the improvement of the bridge and a separate footpath.
Planning and Environmental Considerations:
Principle of the proposal The former works falls within the urban boundary where Policy GP1 states new development will be located where it, amongst other things, makes efficient use of land and buildings, reduces the need to travel and is accessible or potentially accessible by walking, cycling and public transport. The site was last used for employment purposes and as such Policy EW7 applies which states that proposals to redevelop existing employment sites (other than identified sites/areas) will be permitted where the continued use of the site for the current employment use would cause unacceptable harm to the character and amenity of the surrounding area or it is no longer suitable in land use terms. In this case, the site has been vacant since 2009 and was advertised for sale for the following six years without success, which is a strong indication that the site is no longer suitable for future employment purposes. Some of the environmental benefits from the cessation of the use of the site in respect of pollution and traffic have already taken place and a re-introduction of such a use is, from the evidence that has been presented, both unlikely and undesirable due to its close proximity to the existing village. As such, the proposed re-use of the chemical works site would not conflict with Policy EW7.
The re-use of the former works site which falls within the urban boundary, involving the re-development of brownfield land, is permitted by Policy H2 where there would be no conflict with Policy GP1and where the proposal would bring back into use previously developed land, would not lead to an oversupply of housing, would be within easy reach of local facilities, services and public transport and would provide a quality of design to comply with Policy GP3. The proposed use of the land for residential purposes would make efficient use of the land and adjoins an existing village with local facilities, amenities and public transport links by bus and train, including a railway station within 350m of the site. Whilst the Council currently has a five year supply of deliverable housing sites in accordance with Paragraph 47 of the Framework, an additional site at this location would be beneficial by adding to the range and choice of sites and would not lead to an over-supply of housing. As such, subject to an acceptable scheme in terms of design (Policy GP3), the proposed re- development of the former works site within the urban boundary would comply with Policy H2. It is also noted that this part of the site is included as a proposed site for housing in the Issues and Options paper that was published in 2014, although this has limited weight due to its early stage in the preparation of the new local plan.
A significant part of the proposed residential development, amounting to 51 dwellings within an area of 1.17ha to the north side of the works site is within the designated Green Belt that performs the function of maintaining the openness between the towns of Burnley and Accrington and is strictly controlled. Policy E26 states that the construction of new buildings in the Green Belt is inappropriate except where it is for agricultural/forestry purposes, essential facilities for outdoor sport and recreation, cemeteries or limited extensions to existing dwellings. The National Planning Policy Framework (the Framework) states that new buildings other than for limited purposes (mainly those listed above), should be regarded as inappropriate in the Green Belt. A significant portion of the site would in principle therefore be contrary to Policy E26 and the Framework. The Framework states that inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances. The applicant has put forward evidence to demonstrate that in this case there are special circumstances that would outweigh any harm to the Green Belt and comply with both Policy E26 and the Framework.
Impact on Green Belt Policy E26 and the Framework would not permit inappropriate development within the Green Belt except in very special circumstances. The Framework states that very special circumstances will not exist unless the potential harm to the Green Belt is clearly outweighed by other considerations. It is therefore necessary to consider the very special circumstances put forward by the applicant and the level of harm that would be caused to the Green Belt.
Firstly, in terms of the very special circumstances surrounding this application, the Council has been previously aware of the site specific issues relating to this site and particularly the issues regarding the remediation and restoration of the land within the chemical works site and the adjacent landfill site associated with the chemical works that fall entirely within the application site. A Development Brief was prepared for the site in 2011 for the purpose of providing guidance and a framework for future planning applications and this was endorsed by the Council in July 2011. This sets out the long history (approximately 150 years) of manufacturing on the site and the extent of contamination within the works site and the adjoining associated landfill site and the abnormal costs associated with the restoration of the whole of the site, together with the redevelopment of its developable area. The Brief sets two development scenarios, one where only part of the landfill area that is within the urban boundary (1.4ha) is unsuitable for re-use and another where easements within the site (for example from the Shaw Brook culvert) result in a greater amount of the land within the urban boundary being sterilised and potentially undevelopable. In both these scenarios, the Brief suggests that the critical mass of development that would be required to deal with the abnormal costs and to allow a viable scheme to come forward could be achieved by developing on some of the Green Belt land to the north side of the built works site and in compensation, giving over the part of the former landfill site within the urban boundary to landscaped open space which would contribute to the openness of the Green Belt. In each scenario, the amount of Green Belt to be developed is approximately 1.4ha. The Council’s endorsement of the Brief indicates that the historic land use and viability issues relating to this site may equate to special circumstances.
The Planning Statement and a viability report submitted by the applicant lists the abnormal costs associated with the development which include:- Abnormal foundation design Comprehensive ground investigation and remediation woks Environmental insurance A further report by a chartered surveyor has also recently been submitted which sets out the costs and investment that has already been made into the restoration and enabling works to facilitate the regeneration of the chemical works site and to enhance the landscape and environment of the village. The Environment Agency issued the former landfill site was with a closure notice in 2006 and the closure works, involving the restoration and capping of the former landfill site, drainage and landscaping works, were completed in 2012. The costs of these works, including monitoring, account for an investment by the parent company of £3m. The restored land which has been landscaped and would be made accessible by a network of footpaths would remain in the ownership of the parent company and would therefore also represent an on-going cost in terms of continued monitoring and land management. The history and background to the use and treatment of the site are unique considerations. The sale of 5ha of the 15ha site to the applicant for the purpose of house building for £1.8m would re-coup a proportion of these costs. The sale of the land would have included the whole of the area within the identified urban boundary but as this is not possible due to the sterilisation of approximately 1.4ha of the land (formerly part of the landfill site, hatched in red in diagram below)), then the owner of the site has made 1.17ha of previously mainly undeveloped land (hatched in green), part of the land for sale. The applicant ‘s viability report indicates that this additional land would be necessary to achieve a critical mass of housing, to increase housing numbers by 25% from 151 to 202 houses.
Approx 1.17ha of Green Belt proposed for residential development
Approx 1.4 ha of land within the urban boundary that cannot be developed and would be given over as landscaped open space
The applicant affirms that the abnormal costs (approximately £2.6m) associated with developing this site would require the construction of the additional 51 dwellings (25% of the whole built development) in the area of Green Belt indicated above. The viability report demonstrates that this would produce a reasonable but not excessive profit which would be reduced further by any planning contributions or other costs incurred by planning conditions. The applicant also affirms that there is a risk of costs associated with the remediation and ground conditions of the site increasing as the development proceeds in which case the proposed profit margin is acceptable.
The Council’s Head of Property does not disagree with the findings of the viability report. There is the potential for achieving higher house prices over the period of construction but given that any allowance for this would be largely arbitrary, it would not fundamentally change the outcome which is that the re-use and development of the chemical works site is unlikely to be capable of coming forward without the additional area of housing that is currently located in the Green Belt.
It is acknowledged that there are significant benefits in re-developing the former chemical works site. Firstly, it would provide for the remediation of this land from contaminants and pollution that affect the site and its surroundings; secondly, it would potentially provide a visual improvement to Hapton village by removing the visual scars from the clearance of a previously major developed site; thirdly, it would create approximately 9ha of private land as landscaped open space, accessible by a network of footpaths; and, fourthly, it would potentially improve the visual amenities and links along the canal corridor. Conversely, the prospect of the site remaining undeveloped may have negative impacts in respect of each of these issues.
The history of the site, the viability case that has been put forward and the environmental benefits of the scheme as a whole would indicate that there are, in this case, very special circumstances, subject to the level of harm to the Green Belt.
The benefits of the proposal should be considered against the harm to the openness and function of the Green Belt. The harm to the Green Belt from the loss of 1.17ha of open land (given over to 51no. dwellings) can be assessed against the five main objectives for designating Green Belt, as identified below:-
1. to check the unrestricted sprawl of large built-up areas; 2. to prevent neighbouring towns merging into one another; 3. to assist in safeguarding the countryside from encroachment; 4. to preserve the setting and special character of historic towns; and 5. to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.
Firstly, the proposal would not undermine the objective of checking unrestricted sprawl where unique circumstances would amount to very special circumstances which would represent a controlled rather than unrestricted potential sprawl of built-up areas.
Secondly, the Green Belt maintains the openness between towns, in this case between Burnley and Accrington. The proposed encroachment northwards from the urban boundary on Manchester Road into the Green Belt of approximately 74m would erode the Green Belt at a point where it would not appear isolated but would be continuous with other built development and the village of Hapton. Given the location of the site, approximately 750m from the borough boundary and still further from any part of the urban areas of Accrington, there would only be a limited impact on the function of maintaining a gap between Burnley and Accrington. The proposal would potentially close the gap between Hapton village and Padiham to its north side. The proposed 51 houses would reduce this gap by 15%. The visual perception of the narrowing of this gap would partly be reduced by the containment of the site within the existing site boundaries, marked by a stone wall on Manchester Road and fencing across its north side. The proposed development would not lead to intervisibility between these settlements and as such they would remain visually distinct and would not create a visual coalescence. Whilst therefore the loss of the designated Green Belt would be significant, it would not lead to merger.
Thirdly, the proposal would not safeguard the countryside from encroachment but the impacts of this would be mitigated by confining the development to the existing established boundaries of the site.
Fourthly, in this case, the proposed encroachment into the Green Belt would not affect the setting and special character of historic towns and would preserve and make accessible, historic wartime emplacements on the site.
Finally, the purpose of developing in the designated Green Belt is to assist in the regeneration of an existing derelict site and as such, would not have any significant effect on the ability of other areas in the borough to be brought back into use and regenerated.
Considering these factors above, the very special circumstances are in this case applicable and appropriate as the harm resulting from the loss of Green Belt that has been identified would be outweighed by the environmental benefits in bringing a derelict site forward. The environmental benefits relate to the remediation of the site and the control of pollution, the removal of the industrial scars on the land and the creation of expansive new areas of landscaped and accessible open space. For these reasons, the proposal satisfies Policy E26 and the provisions relating to Green Belt in the Framework.
Impact on highway safety and sustainable travel Policy GP1 requires development to have a satisfactory impact on the safe and efficient operation of the existing transport and road infrastructure. Paragraph 32 of the Framework states that development should only be prevented or refused on transport grounds where the residual impacts of development are severe.
The Transport Assessment and Technical note provided by the applicant demonstrate that the amount of development and traffic generation can be accommodated on the existing highway network, both in terms of the strategic and local road network. Some objections have been made by neighbours and the Parish Council to the location of the proposed access to the site, close to the canal bridge. The Development Brief referred to earlier indicated that the access would be re-located from its current position further northwards along Manchester Road. However, safety improvements have recently been carried out at the bridge which reduce the bridge to single width with footways either side and access controlled by signals. With this provision, LCC Highways are satisfied that the ingress and egress of vehicles would be at a controlled area with adequate visibility for drivers.
LCC Highways are satisfied with the internal layout of the site and amended plans have also been received to take account of some minor issues that were identified, including the removal of the direct pedestrian access points onto Manchester Road.
The site is close to a bus route between Padiham, Hapton and Burnley and within walking distance (350m) of the Hapton railway station. LCC Highways has requested the relocation of the existing bus stop at Castle Clough to closer to the site which can be secured by a condition. The proposal is therefore accessible by means of transport other than the car and represents a reasonably sustainable location for development.
The proposal involves increasing the accessibility of the site for pedestrians and cyclists which would comply with the requirements of Policy H3. Access points for both pedestrians and cyclists would be made from the site onto the canal towpath. LCC Highways has requested a planning contribution towards the costs of improving the pedestrian and cycle linkages on the north side of the site with the existing public footpath and old Hepworth’s road which is also a public right of way. LCC Highways has also suggested that a contribution from the developer to a cycle voucher and month’s bus pass would be beneficial in encouraging sustainable travel patterns. The applicant has however provided a viability report which demonstrates that there is limited opportunity for negotiating planning contributions. As such, the applicant has been asked to agree to the funding of the pedestrian and cycle links to the north of the site and to the improvement of the canal towpath (between the bridge at Manchester Road and Mollywood Lane at the end of the Padiham Greenway). These improvements would provide tangible benefits to the accessibility of the site and the local area. Confirmation from the applicant on an agreement to these contributions will be reported in late correspondence before the meeting. With these provisions and the conditions recommended by LCC Highways, the proposal would provide a satisfactory means of access and would not significantly affect highway safety. The proposal would therefore comply with Policies GP1 and H3 and the Framework.
Impact on trees and landscaping Policy E6 seeks to protect existing woodland and trees unless, amongst other things, there is no significant loss to nature conservation and the environment. The proposal involves the retention of a substantial belt of woodland trees across the site. The applicant has produced an amended layout to bring these trees into the public realm with a gravel path following the tree corridor from Manchester Road to the area of open space to the east side of the site. There are however, groups of trees and individual trees within the site (close to the site entrance, to the north side of the site and by the canal side) that are not possible to retain due to the needs of the development. This loss of trees would however partly be mitigated by the new planting that has already occurred within the greenspace surrounding the built development and by new planting within the proposed layout. The level of loss would in this case be mitigated by the new planting and as such, the proposal would not conflict with Policy E6.
Impact on ecology Policy E2 will not permit development that would adversely affect a Biological Heritage Site (BHS), whilst Policy E3 protects wildlife corridors and Policy E5 states that the presence of protected species will be a material consideration. The site bounds the Leeds-Liverpool canal which is a BHS and also has the potential to support bats in trees and within the crevices of the towpath stone wall. A further survey relating to the presence of any bat roosts that may be affected by the removal of trees and the repair of the towpath wall has been submitted and the further comments of the Council’s ecologist will be reported in late correspondence before the meeting. In respect of other wildlife, including birds, the Council’s ecologist is satisfied that the biodiversity and protection of wildlife can be satisfactorily achieved by conditions to require a Construction Ecological Mitigation Plan and a Biodiversity Enhancement Strategy.
Impact on ground conditions and contamination Policy E34 requires appropriate assessment, investigation and remediation measures of a suitable standard on contaminated sites. The Framework also states that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner although decisions should ensure that the site is suitable for its new use.
A remediation strategy has been submitted which follows land investigation and outlines the extensive measures that are necessary to remediate the contaminants on the site from its previous 150 year industrial history. Subject to conditions to require the implementation of the measures, including future monitoring of the site, the proposed site can be made suitable for residential use. The Coal Authority has identified some concerns relating to an historic mine shaft on the site (Arley mine seam close to the south western boundary of the site). The applicant’s Geo- environmental appraisal report and remediation strategy refer to this mine shaft and as such the applicant is aware of this and has submitted further information to the Coal Authority to address their concerns. Further comments from the Coal Authority will be reported in the late correspondence prior to the meeting.
Design and layout Policy H3 seeks to achieve quality design in all new housing development, having regard to, amongst other things, layout, materials, size, scale, landscaping, a variety of house types, privacy and outlook, and creating a sense of place.
The proposed development is two storey in scale and largely consists of gabled properties (detached and semi-detached) with front and rear gardens and either garages or in-curtilage tarmac driveways. The proposed houses have been largely orientated to provide formal frontages to the canal and windows/dual aspects adopted adjacent to Manchester Road. A typical street view shown below displays the general design features of the properties which have been simplified by the removal of some of the brick detailing and quoins. The applicant has also agreed to infill the open fronted canopies of some of the housing types with solid panels to provide a more solid appearance to these features. Artificial stone would be used on the perimeter of the development and on localised parts of the internal layout.
Typical street views
Open space needs for the development would be provided in the proposed recreational area to the east side of the site where a network of footways would connect into the site. In addition, a locally equipped area for play (LEAP) and an informal area of amenity greenspace for ball games would be sited close to the east side of the development. These areas would be subject to conditions and a legal agreement to ensure that the play area and open space are provided and managed/maintained at all times in the future.
The changes made by the applicant to incorporate the trees within the public realm, to improve the material of house types and driveways and to provide play areas, would lead to a development with a quality appearance and level of amenity. The density across the site would be approximately 36 dwellings per hectare which would provide adequate spacing between properties and gardens. The proposal would therefore provide a satisfactory level of amenity for new occupiers and would have no direct impacts on existing properties. Conditions are required to ensure the appropriate plans are submitted relating to the detailing of the artificial stone properties, materials for heads and cills and canopy design. Conditions are also required to ensure appropriate provision is made for concealed bin storage for each property.
The World War II emplacements on the site (two spigot mortars) towards the western side of the site within an area of retained trees would be retained and preserved. The Department of Culture, Media and Sport is currently considering whether these historic features would be suitable for listing as an Ancient Monument Site. In the event that the features are listed in the future, the current layout makes appropriate allowance for their retention. Conditions are also required to ensure that the details of their preservation and interpretation are appropriate. LCC ( Archaeology) also request a programme of recording and analysis on the site which should be secured by condition.
Other issues Policy E8 seeks to reduce the risk of flooding on the application site and elsewhere. The Lead Local Flood Authority (LCC) and United Utilities are satisfied that the site can be suitably drained subject to conditions to require drainage schemes utilising sustainable drainage systems to be submitted for approval and subsequently maintained.
Policy H5 would normally require that 10% of the proposed development be provided as affordable housing and/or special needs housing. Whilst the viability issues referred to earlier prevent the applicant from being able to offer affordable housing on the site, an Economic Statement submitted with the application describes the support that the developer provides to new home owners, including incentives such as ‘Save and Build’, ‘Parents Invest’, ‘Aspire to Own’, ‘Advance to Buy’, as well as the ‘Help to Buy’ loan scheme advanced by the Government. The applicant states that the cost of providing these incentives is estimated to be approximately £826,000 and as such, represents a benefit of the scheme.
Due to an extant Hazardous Substance Consent (HSC) relating to the former use of the site as a chemical works, the Health and Safety Executive advise against the grant of planning permission on safety grounds unless either the HSC is first revoked or a condition is imposed to prevent the first occupation of any dwelling prior to it being revoked. The Council resolved at the meeting of the Development Control Committee on 28 April 2016 to make an Order for the revocation of the HSC under Section 14(2)(d) of the Planning (Hazardous Substances) Act 1990 which has subsequently been referred to the Secretary of State for confirmation. A condition would therefore be appropriate, unless confirmation of the Order is received prior to the issue of a planning approval, in which case a condition would be unnecessary.
Conclusion The development would increase the choice of available new housing at a sustainable location close to an existing village, facilities and public transport. The main issue to be considered relates to the encroachment of 25% of the proposed housing into an area of designated Green Belt. The proposed housing within the area of Green Belt would be considered as inappropriate development. In this case, however, the applicant has demonstrated that there are very special circumstances which relate to the long history of the site, the costs of land remediation and the benefits of the proposal, including the provision of new areas of open space. Whilst therefore the proposal would lead to a significant impact on the Green Belt, the level of harm would, due to these unique circumstances, be outweighed by the environmental benefits of the proposal.
Recommendation: Approve subject to conditions and following referral to the Secretary of State in accordance with Circular 02/09
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: 2547/8, received on 21January 2016; 2561-1-004 B (Character Area layout), 2547/9RevB (1:1000 presentation plan), 2561-1-002B (street scenes), received on 9 June 2016; 13/202-9RevE, 13/201-8RevD, 13/403-9RevB, 13/401-9RevC, 13/404-9RevB, 13/212-9, 13/301-8RevD, 13/302- 9RevD, 13/303-9RevD, 13/304-10RevE, 13/307-10RevE, 13/309-10RevC, 13/310-10RevC, 13/311-8RevB, 13/313-9, 13/400-9RevB, 13/405-9RevE and 13/406-10RevB, received on 10 June 2016; and, 2561-1-001 1 (1:1000 site layout), received on 17 June 2016.
3. Prior to the commencement of development, a schedule of materials and representative samples of the materials to be used in the construction of the walls and roofs of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved materials.
4. No development shall begin unless and until details of a scheme and mechanism to provide the following has been submitted to and approved in writing by the Local Planning Authority :-
i) the provision and improvement of the pedestrian and cycle links to the north of the site; ii) the improvement of the canal towpath to the south side of the site between the bridge at Manchester Road and Mollywood Lane; iii) the provision of open space and the long-term responsibility, ownership, management and maintenance of the areas of open space, equipped childrens play area and informal play area within the site. The scheme and mechanism shall include a timetable for the provision of each of the above requirements to be made and shall thereafter be carried out in accordance with the approved details.
5. The new estate road/access between the site and Sycamore Avenue shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before any development takes place within the site.
6. There shall be no vehicular or pedestrian access to the site except those that are indicated on the approved plans.
7. Prior to any dwelling being first occupied, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority which shall include measures to increase cycle ownership levels, cycle storage options and the promotion of public transport as an attractive sustainable transport option. The Travel Plan shall be implemented within the timescale set out in the approved plan and shall be audited and updated at intervals not greater than 18 months to ensure that the approved Plan is carried out for a minimum period of five years.
8. No dwelling shall be occupied on the site unless and until the extant Hazardous Substance Consent reference 12/1999/0514 has been revoked.
9. No development shall take place until a 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. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) the erection and maintenance of security hoarding including decorative displays; v) measures to control the emission of dust and dirt during construction; vi) wheel washing facilities; vii) a scheme for recycling/disposing of waste resulting from demolition and construction works; viii) details of working hours; and, viii) contact details of the site manager.
10. Prior to any other development being commenced, the proposed access shall be constructed with visibility splays of 59m northwards and 43m southwards on Manchester Road from a position 2.4metres back from the edge of the carriageway. No walls, fences, vegetation or any other device shall at any time be erected or allowed to grow more than 1.0m in height above the crown level of the adjoining carriageway forwards of the visibility splays.
11. No development shall be commenced until a scheme for the construction of the site access and off-site works of highway improvement which shall include timescales for the implementation and completion of the site access and off-site works, has been first submitted to and approved in writing by the Local Planning Authority. The off-site works of highway improvement shall include the relocation of a bus stop from Castle Clough to closer to the site, erection of a bus shelter and bus boarder and the erection of warning signs and road markings within the highway close to the site access.
12. Prior to the commencement of development, details of the specification for the childrens play area and childrens informal paly area for ball games shall be submitted to and approved in writing by the Local Planning Authority. The play areas shall thereafter be constructed and completed in accordance with the approved details and shall be available for use prior to the occupation of the 100th dwelling on the site.
13. Prior to any development being commenced there shall be submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development, as well as details of new planting of trees, hedges and other soft/hard landscaping proposals to include the planting of native species and habitats to compensate for losses, providing details of species, planting numbers, heights on planting, cultivation, staking and maintenance.
14. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.
15. The development shall only be carried out in strict accordance with the actions and measures contained within the Remediation Strategy (report no. C6397/01RevA, dated November 2015) and the Geo-environmental Appraisal Report (report no. C6397RevB, dated November 2015). No dwelling shall be first occupied until the works, precautions and monitoring recommended in the reports has been completed and monitoring of contaminants and surface water shall be continued in accordance with the approved reports.
16. Prior to the commencement of development, a scheme of investigtion of the canal bank retaining wall adjacent to the application site shall be submitted to and approved in writing by the Local Planning Authority. The recommendations or measures for stabilising the wall during the construction of the development shall be carried out and adhered to at all times.
17. Prior to the commencement of development, details of a method statement to specify measures to protect the culvert and canal infrastructure during the construction works on the site, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved details.
18. Prior to the commencement of development a plan showing all trees and hedgerows on the site which are to be retained shall be submitted to and approved in writing by the Local Planning Authority. No development shall be commenced unless and until a scheme for the means of protecting trees and hedges which are to be retained within the site and to protect those immediately adjacent to the site in accordance with BS 5837 (2012), including the protection of root structures from injury or damage prior to or during the development works, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also provide for no excavation, site works, trenches or channels to be cut or laid or soil waste or other materials to be deposited so as to cause damage or injury to the root structure of the retained trees or hedges. The approved scheme of protection measures shall be implemented in its entirety before any works are carried out, including any demolition or site clearance work and thereafter retained during building operations until the completion of the development.
19. Prior to the commencement of development, a landscape management plan, including long term design objectives, management responsibilities, maintenance schedules (including replacement of equipment and replacement planting) and a programme of implementation, for all landscape areas, play areas and public open space, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved in perpetuity.
20. Prior to the first occupation of any dwelling, refuse bins and recyclable waste containers for each respective dwelling shall be provided within a concealed area of the curtilage in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority. The refuse and recyclable waste storage provision for each dwelling shall thereafter be retained at all times.
21. The access roads, driveways and paths within the development site shall be surfaced in accordance with details of materials which shall be previously submitted to and agreed in writing by the Local Planning Authority.
22. Prior to the commencement of development, a scheme for the provision of external electric charging points within the development site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be carried, completed and available for use prior to any dwelling being first occupied.
23. Prior to the commencement of any development, details of the design and implementation of a surface water sustainable drainage scheme, based on sustainable drainage principles, and including details of water quality controls and a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved details and be completed prior to any dwelling being first occupied or the completion of the development, whichever is the sooner. The approved drainage scheme shall thereafter be retained at all times.
24. Prior to the commencement of any development, details of a management and maintenance plan for the sustainable drainage system required by condition 23, which shall cover the lifetime of the development, shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be implemented in accordance with the approved details prior to any dwelling being first occupied or the completion of the development, whichever is the sooner. The sustainable drainage system shall thereafter be managed and maintained at all times in accordance with the approved plan details.
25. Prior to the commencement of any development, details of foul water disposal for the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out and completed in accordance with the approved details. The approved means of foul water disposal shall be retained at all times.
26. Details of the perimeter site boundary and internal boundary treatments shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved boundary treatment details shall be implemented and completed prior to any dwelling being first occupied unless any variation to this is otherwise first approved in writing by the Local Planning Authority. The approved boundary treatments shall thereafter be retained at all times.
27. Prior to the commencement of development, a Construction Ecological Mitigation Plan which shall include the recommendations of the Phase I habitat survey submitted with the application, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with approved Plan.
28. Prior to the commencement of development, a Biodiversity Enhancement Strategy which shall include details of native species planting, lighting, measures to allow the movement of mammals across boundaries, the installation of bat and bird boxes, and timescales for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. The measures identified in the approved Plan shall thereafter be carried out and completed in accordance with the approved details and timescales.
29. Notwithstanding any indication on the approved plans, the development shall be constructed in accordance with revised details of the submitted house types to reflect the use of artificial stone materials in accordance with the approved Character Areas plan and details of the materials and design of heads and cills and front canopy details, to be submitted to and approved in writing by the Local Planning Authority.
30. Prior to the commencement of development, details of the proposed pedestrian and cycle access from the site onto the adjoining canal towpath shall be submitted to and approved in writing by the Local Planning Authority. The approved access points shall thereafter be constructed, completed and made available for use in accordance with the approved details prior to the completion of the development.
31. No dwelling shall be first occupied unless and until its associated car parking has been constructed, drained, surfaced and is available for use in accordance with details which shall be first submitted to and approved in writing by the Local Planning Authority. The car parking spaces associated with each dwelling shall thereafter be retained for the purposes of car parking at all times in the future.
32. No site clearance or development shall be commenced until the developer has secured the implementation of a programme of archaeological recording and analysis, in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. A copy of the archaeological record and analysis shall be lodged with the Local Planning Authority within two months of its completion.
33. Prior to the commencement of development, a scheme for the retention, preservation, interpretation and management of the World War II spigot emplacements and shelter within the site, shall be submitted to and approved in writing by the Local Planning Authority. The World War II spigot emplacements and shelter shall thereafter be preserved, interpreted and managed in accordance with the approved scheme.
34. Prior to the commencement of development, a noise assessment to assess the impact of environmental noise (including that from the traffic on the nearby M65) on the residential amenities of the proposed dwellings, in accordance with BS4142 (2014), together with details and specifications of mitigation measures to address any identified noise issues, shall be submitted to and approved in writing by the Local Planning Authority. The mitigation measures and recommendations contained within the approved noise assessment shall thereafter be carried out and completed prior to any affected dwelling being first occupied and shall be retained thereafter in perpetuity.
35. Prior to the commencement of development, a phasing plan/strategy for the development of the site, identifying the sequence of development across the site and including the provision of public open space, landscaping, children’s play areas and the infrastructure associated with the development, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved phasing plan/strategy unless any variation to this is first approved in writing by the Local Planning Authority.
Reasons
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.
3. To ensure a satisfactory appearance to the development and its locality, in accordance with Policies GP3 and H3 of the Burnley Local Plan, Second Review (2006). The details of materials are required prior to the commencement of development to ensure that only approved materials are used throughout the development process.
4. To facilitate improvements to the accessibility of the site and public open space provision, in accordance with Policies H3 and E26 of the Burnley Local Plan, Second Review (2006).
5. To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006).
6. In the interests of highway safety, in accordance with Policies GP1 and H3 of the Burnley Local Plan, Second Review (2006).
7. To promote and provide access to sustainable transport options, in accordance with Policies H3 and TM3 of the Burnley Local Plan, Second Review (2006).
8. In the interests of public safety, in accordance with the National Planning Policy Framework.
9. To ensure that the safety and amenities of local residents and the general public in the vicinity of the construction works are satisfactorily protected, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006). The scheme is required prior to the commencement of development to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.
10. To ensure visibility for drivers, to cater for the needs of the development, in the interests of highway safety, in accordance with Policies GP1 and H3 and the National Planning Policy Framework.
11. To ensure that these details are acceptable and make appropriate adjustments to accommodate the development, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006) and the National Planning Policy Framework. The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
12. The details have not been provided with the application and are necessary to ensure that the play areas are suitable, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
13. In the interests of the visual amenity of the site and its surroundings and to mitigate against the loss of some existing trees within the site, in accordance with Policies H3 and E6 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
14. In order that the landscaping works contribute to a satisfactory standard of completed development and its long term appearance harmonises with its surroundings, in accordance with Policies GP3 and H3 of the Burnley Local Plan, Second Review (2006).
15. To ensure that the site is appropriately remediated and made suitable for residential occupation, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006).
16. To ascertain the stability of the canal bank and wall, in order to enusre their integrity, in the interests of the visual amenities of the site and the local area, in accordance with Policy H3 of the Burnely Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
17. To ensure that the proposal makes adequate safeguarding provisions and protection of the canal infrastructure. The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
18. To ensure adequate protection for the long term health of trees/hedges which should be retained in the interests of the visual amenities and the biodiversity of the site and its surroundings, in accordance with Policies E4, E6 and H3 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
19. To ensure that these areas are appropriately managed and maintained, in the interests of the amenities of the site, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
20. To ensure adequate means of storing waste, in the interests of visual and local amenities, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006).
21. To ensure a quality appearance and appropriate use of materials within the road hierarchy, in accordance with Policies GP3 and H3 of the Burnley Local Plan, Second Review (2006).
22. To encourage the use of electric vehicles in order to reduce emissions and protect the local air quality, in accordance with GP7 of the Burnley Local Plan, Second Review (2006) and the Burnley Green Infrastructure Strategy 2013- 2031. The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
23. To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy E8 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
24. To ensure that adequate and appropriate funding, responsibility and maintenance mechanisms are in place for the lifetime of the development, in order to ensure the appropriate drainage of the site and to reduce the risk of flooding, in accordance with Policy E8 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
25. To ensure adequate drainage for the site and to reduce the risk of pollution of ground waters, in accordance with GP7 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
26. To ensure appropriate edges and visual appearance to the development, in accordance with Policy GP3 and H3 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
27. To ensure adequate protection of wildlife during the construction process, in accordance with Policies E3, E4 and E5 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
28. To ensure adequate protection and enhancement of the biodiversity of the site, in accordance with Policies E3, E4 and E5 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.
29. To ensure a high quality appearance and harmonious development, in accordance with Policies H3, GP3 and E27 of the Burnley Local Plan, Second Review (2006).
30. To ensure the site is accessible from the canal towpath for both pedestrians and cyclists, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006).
31. To ensure adequate off-street parking, in the interests of highway safety and amenity, in accordance with Policy H3 of the Burnley Local Plan (2006).
32. To ensure that adequate records are made of features of historic and archaeological importance, in accordance with Policy E19 of the Burnley Local Plan, Second Review (2006). The recording and analysis are required prior to the commencement of development to ensure that a proper record can be made.
33. To ensure the appropriate preservation of features of historic interest within the site, in accordance with the National Planning Policy Framework. The scheme is required prior to the commencement of development to ensure that the measures for the protection of the historic features are carried out at the earliest stages of the development.
34. To ensure satisfactory living conditions for occupiers of the development, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006) and the National Planning Policy Framework.
35. To ensure the site is effectively developed and that infrastructure and services are provided for new occupiers at an appropriate stage in the development, in accordance with Policy H3 of the Burnley Local Plan, Second Review (2006) and the National Planning Policy Framework.
JFL 29/04/2016
BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
REPORTS ON PLANNING APPLICATIONS
Photograph McCoy Wynne
Part II: Decisions taken under the scheme of delegation. For Information
30th June 2016
Housing and Development