DEVELOPMENT CONTROL COMMITTEE

Wednesday 19th October 2016 at 6.30 p.m.

DEVELOPMENT CONTROL COMMITTEE TOWN HALL

19/10/2016 at 6.30 p.m. Note the change to a Wednesday meeting

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 22nd September 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/2016/0247 –erection of hotel, parking, servicing and landscaping – Crow Wood Leisure Ltd, Royle Road, Burnley ii. APP/2016/0347 - Proposed single storey rear extension and extension of existing kitchen area (re- submission of APP/2016/0032) 363 Colne Road, Burnley iii. APP/2016/0383 Proposed single storey extension 25 Clover Crescent,, Burnley iv. APP/2016/0359 Proposed extension and alterations 13 Dryden Street, Padiham v. APP/2016/0357 Small scale gas fired energy reserve facility and ancillary infrastructure Land off Bancroft Road, Burnley

7. Decisions taken under the Scheme of Delegation

To receive, for information, a list of delegated decisions from 12/09/2016 to 02/10/2016

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 Asif Raja Marcus Johnstone David Roper Arif Khan (Chair) Cosima Towneley

PUBLISHED: <11th October 2016>

BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE

REPORTS ON PLANNING APPLICATIONS

Photograph McCoy Wynne

Part I: Applications brought for Committee consideration

19th October 2016

Housing and Development

DEVELOPMENT CONTROL COMMITTEE

19th October 2016

INDEX

App No Description Location Recommendation Page No APP/2016/0247 Proposed erection Land adjacent Recommended for 1 of a hotel with Crow Wood Approval associated parking, Leisure Ltd, servicing and Royle Lane, landscaping Burnley

APP/2016/0347 Proposed single 363 Colne Recommended for 43 storey rear Road, Burnley Approval extension and extension of existing kitchen area (re- submission of APP/2016/0032)

APP/2016/0383 Proposed single 25 Clover Recommended for 49 storey extension Crescent, Approval Burnley

APP/2016/0359 Proposed extension 13 Dryden Recommended for 55 and alterations Street, Padiham Approval

APP/2016/0357 Small scale gas Land off Recommended for 63 fired energy reserve Bancroft Road, Approval facility and ancillary Burnley infrastructure

Application Recommended for Approval APP/2016/0247 Daneshouse with Stoneyholme Ward

Full Planning application Proposed erection of a hotel with associated parking, servicing and landscaping LAND ADJACENT CROW WOOD LEISURE LTD ROYLE LANE BURNLEY

Background:

Crow Wood is one of the largest, and arguably one of the most successful, businesses in Burnley. Since its earliest inception and subsequent growth and diversification to a range of indoor and outdoor leisure and recreation facilities, it now employs somewhere in the region of 160 people within the site’s existing Green Belt location. Crow Wood lies west of the M65 motorway, 0.6 miles from Burnley Central Station, 1 mile from Burnley town centre, and 1.4 miles from Burnley Manchester Road Station; both stations being well served by local taxi. It is also accessible by foot and cycle. The application site extends to approximately 1.5 hectares and the existing built development at the site is concentrated to the east of the application site on an area of approximately 4.7 hectares.

This proposed development seeks to continue the growth of Crow Wood by adding further accommodation and facilities to its current offer. If achieved, they consider this will not only add to the economic development of Burnley and to the wider Pennine region, but also beyond. It is the applicant’s view that the proposed hotel and leisure facility expansion will take Crow Wood from a sub-regional resource catering for local and day visitors to a regional/national resource able to offer increased overnight accommodation for single overnight stays and short breaks. This will allow the business to provide major benefits to the economy and people of Burnley and Pennine Lancashire, not only be in terms of jobs, economic spin-offs and use of the facility, but also in terms of a major boost to the image and reputation of the town.

To support and grow the existing Crow Wood business from a local, day visit destination to a regional/national destination offering overnight and short-stay breaks, the applicant has identified that an 80 bed, four-star standard hotel will achieve this in terms of scale, quality, viability, capacity and synergy with Crow Wood’s existing offer. Without this expansion in on-site accommodation, they consider that the future growth of Crow Wood will be limited to local and day visits; and a significant opportunity will be missed to capitalise on this opportunity.

Whilst the new hotel will be four-star quality standard, the applicant notes that it will be a limited service hotel, as many of the services will be provided in the existing spa, restaurant, and leisure facilities. In addition, they note that the hotel will be designed to run at, and because of its associated on-site facilities that offer unique synergies, will be able to operate at, high levels of occupancy 7 days a week. They consider that the offer of the hotel and the range of associated facilities at Crow Wood will mean that the hotel will be able to offer a unique range of facilities for leisure, tourist and business users.

Artists impression of the proposed entrance (as viewed within the car park)

The 4* standard hotel proposed comprises the following,  80 no. bedrooms,  250 seat function suite capable of hosting weddings and other functions,  Bar and restaurant,  Associated and dedicated car parking provision, and  Significant areas of landscaping and ecological habitat creation.

The application has been subject to a rigorous pre-application assessment, which included numerous discussions surrounding the design, location and principle of the development. This is because a hotel development in this Green Belt location is, by definition, “inappropriate development”. For planning permission to be granted, therefore, “very special circumstances” must exist, whereby potential harm to the Green Belt, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

The application submitted sets out why they consider that those “very special circumstances” do exist by seeking to demonstrate the following,  Any harm to the Green Belt is limited;  Any other harm has been removed or suitably mitigated; and  That there is a compelling set of other considerations in terms of the economic benefits of the proposal, the impact on tourism, and the improvement in the image and reputation of Burnley that outweigh any harm to the Green Belt and any other harm.

Relevant Policies:

Burnley Local Plan (Second Review)

GP2 - Development in the Rural Areas GP3 - Design and Quality GP5 - Access for All GP6 - Landscaping and Incidental Open Space GP7 - New Development and the Control of Pollution GP8 - Energy Conservation and Efficiency GP9 - Security and Planning Out Crime GP10 - Developer Contributions

E3 - Wildlife links and corridors E5 - Species protection E6 - Trees, hedgerows and woodlands E7 - Water bodies and water courses E8 - Development and flood risk E26 - Development in the Green Belt E27 - Landscape, character and local distinctiveness in Rural Areas and Green Belt

EW3 - New Leisure, Tourist, Arts and Cultural Development Outside Town Centres EW4 - Expansion and Improvement of existing businesses EW10 - Development and training provision

TM1 - Allocation of major traffic generating uses TM2 - Transport Assessments (TAs) TM3 - Travel Plans (TPs) TM6 - Walking and horse riding in the countryside TM15 - Car parking standards

National Planning Policy Framework. Planning Policy Guidance. Natural Environment and Rural Communities Act 2006. The Conservation of Habitats and Species Regulations 2010. Wildlife and Countryside Act 1981.

Site History:

APP/1999/0343: Development of single storey sport and leisure building on the footprint of existing farm buildings; four outdoor floodlit tennis courts; construction of 52 stables; food stores; indoor and outdoor riding arenas; woodland planting and mounding landscaping and associated parking and new road access – Granted in 2000 (Sec of State, on Call-In).

APP/2000/0602: Construction of stables, feed stores, hay and bedding store (in place of equivalent facilities already approved) – Granted.

APP/2001/0917: Erection of 17 floodlights (6m height) to external tennis courts – Granted.

APP/2003/0043: Construction of additional car park creating 36 spaces in existing paddock – Refused.

APP/2003/0588: Erection of additional hall and conservatory – Granted.

APP/2004/0514: Retention of 66 additional car spaces to serve leisure centre – Granted.

APP/2005/0935: Erection of domed air structure over two existing external tennis courts – Refused.

APP/2006/0960: Erection of outdoor riding arena – Granted.

APP/2010/0220: Proposed change of use of two outdoor tennis courts to 5-A-Side football pitches and two 5-A-Side football pitches on land currently used as paddocks. Erection of perimeter fencing and flood-lighting to the four pitches, development of car parking on the side of existing tennis courts and construction of changing pavilion – Granted.

APP/2010/0439: Proposed development of five 5-a-side football pitches with fencing and changing pavilion and additional floodlights on land currently used as tennis courts and paddock. The enclosure of a 60x20m outdoor riding arena (existing), the construction of a 60x30m outdoor riding arena and construction of a parking area for horseboxes – Granted.

APP/2010/0660: Proposed development of five 5-a-side football pitches with fencing and changing pavilion and additional floodlights on land currently used as tennis courts and paddock. The construction of a 60x20m indoor riding arena (to replace outdoor arena), construction of a 60x30m outdoor riding arena and construction of a parking area for horseboxes (resubmission APP/2010/0439) – Granted.

APP/2011/0153: Proposed change of part of agricultural storage building to retail use to facilitate the operation of an equine saddlery, supplies and apparel business – Granted.

APP/2011/0552: Erection of 1st floor extension over new outdoor pool/sauna/terrace and adjacent hot tub/beach hut with associated additional car parking – Granted.

APP/2015/0226: Proposed erection of garden terrace extension with pergola retractable roofing system and single-storey covered bar area with solid roof – Granted.

Consultation Responses:

Lancashire County Council (Highways)

In terms of the traffic generation from the proposed development, LCC Highways are satisfied that the peak demands will be more than likely to occur outside the peak hours on the wider highway network and as a consequence raise no objection to the proposed development on highway grounds.

With specific regard to the proposed levels of parking, in the opinion of the Highways Officer, the scheme is approximately 17 spaces over provision. This is based on the 80 required for the hotel (@1/bed) and 580msq of function room (@1:25), however as this does not allow for patronage of the bar area, the 120 spaces provided will more than cover this, and allow further parking for other facilities on site.

A number of further comments in respect of the internal layout and sustainability of the scheme were made and additional information was requested in relation to the following, 1. Further detailed plans looking at the pedestrian connectivity between the development and the rest of the site as there will be an element of shared use between the hotel guests and the other facilities and car parks on the site. [The developer was requested to show appropriate safe pedestrian links on a plan, and also improve the pedestrian connectivity throughout the site (from the main access entrance to the site right through to the hotel car park) as there may be part of the hotel workforce who will walk to the hotel. This was provided to the satisfaction of the Highways Officer]. 2. Detailed visibility drawings for traffic emerging from the proposed car park at the mini roundabout as it is obstructed by vegetation. [Provided and accepted by the Highways Officer] 3. It was unclear from the submitted document where the hotel guests arriving by coach will board and alight (the Highways Officer was mindful that if they do so from the access road then this would obstruct the residents / visitors to the properties beyond (Ingham's, Adamson's, Royle Hall Farms, the Bungalow etc.). [Guests arriving by coach will use the Equestrian Car Park which will be adapted for this use (plans provided and accepted by the Highways Officer)] 4. There should be cycle lockers provided within close proximity of the hotel for the benefit of staff and hotel guests. Whilst the applicant refers to existing cycle parking facilities, these are more appropriate for short stay visits and unlikely to find favour with hotel guests worried about the security of their bikes. [Provided and accepted by the Highways Officer but also subject to planning condition] 5. To improve the sustainability credentials of the hotel and to appeal to staff / guests with electric cars, 3 of the car parking spaces should be adapted to be used as electric charging points. [Subject to planning condition]

Highways England

No objection to the proposals as they are not expected to have any material or severe traffic impact upon the strategic road network (SRN). Please note that the SRN section of the M65 ends at Junction 10, which is prior to the junction nearest to the site in question.

Lancashire County County (Lead Local Flood Authority)

The Lead Local Flood Authority (LLFA) has no objection to the proposed development subject to the inclusion of planning conditions, in consultation with the LLFA, that relate to investigative works being carried out in relation to land drainage, surface water disposal, provision of surface water drainage (SUDS), and the long term management thereof.

Environment Agency

No objection in principle to the proposal. The proposed construction of the lake may require an Environment Agency permit for any impoundment works so the applicant is asked to contact the Environment Agency should permission be granted for clarification on this.

United Utilities

United Utilities will have no objection to the proposal and therefore request no conditions are attached to any approval.

National Grid

National Grid has a Major Accident Hazard Pipeline in the vicinity. This was laid to the appropriate standards and in accordance with the relevant codes of practice. The intended work is in the vicinity of our pipeline, which is laid in a legally negotiated easement to which certain conditions apply.

It is essential that access to the pipeline is not restricted, particularly in the event of an emergency. Therefore, there must be no obstructions within the pipeline’s maintenance easement strip, which would limit or inhibit essential maintenance works on the pipeline.

There are other restraints imposed on high pressure gas pipelines, these are land use planning distances. These are distances defined by the HSE to allow them to advise on the acceptability of new developments next to the pipeline and are controlled through the HSE's Planning Advice for Developments near Hazardous Installations (PADHI) process. Under Land Use Planning the HSE may wish to apply more stringent criteria for Building Proximity. I recommend that you ensure that they are formally consulted.

Health and Safety Executive

HSE does not advise, on safety grounds, against the granting of planning permission in this case.

The Coal Authority

The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment Report (October 2015, prepared by PSA Design Limited); that probable shallow mine workings potentially pose a risk to both public safety and the stability of the proposed development. Consequently, intrusive site investigation works should be undertaken in order to establish the exact situation regarding them.

The Coal Authority is therefore able to recommend that the LPA impose a Planning Condition should planning permission be granted for the proposed development requiring site investigation works prior to commencement of development.

Capita Ecology

No objections in principle were raised however the following comments were received.

Spring Wood Biological Heritage Site - The Ecological Appraisal (Bowland Ecology, 2015) states that “Spring Wood forms part of a network of woodlands in the area, of which the plantation woodland on the site contributes. Therefore loss of an area of plantation woodland is considered to be a negative impact of the scheme.” We agree with this assessment. Policy E2 states “Developments likely to have an adverse effect on the Biological Heritage Sites...will not be permitted”. At present no avoidance or mitigation measures have been proposed by the applicant to mitigate for the effect of the loss of the plantation woodland on Spring Wood BHS. Further information detailing how a negative impact upon the BHS will be avoided should be submitted to the LPA prior to determination of the application.

[The Agent has responded noting that with regard to landscaping, there is a plan in the design and access statement showing the outline of a proposed landscaping scheme, and it has been pledged to replace the trees that have to be removed and supplement this with further tree planting. However, until the landscaping details are fully worked up it is difficult to identify where the replacement trees are specifically going. They will be planted in groups throughout the site as stated in the Design and Access Statement, and this should result in a positive effect on linkages to the Biological Heritage Site at Spring Wood. Having considered this response, it is considered that any negative impacts can be avoided and that, subject to appropriately worded conditions, the development will deliver the net gain for nature required by the NPPF.]

Amphibians - No great crested newts have been identified on site. Significant numbers of common toad (a Biodiversity Species of Principal Importance) were recorded and as such, the recommendations made in Section 6 of the Great Crested Newt Survey report (Appletons, 2016) should be adhered to throughout the development.

[This will be subject to a planning condition]

Burnley Wildlife Conservation Forum

We consider there should be conditions attached that require the applicant to submit specific proposals for tree-planting mitigation, and to submit detailed proposals for the new lake bordered by areas of marshy wetland. Providing this is carried out satisfactorily, we consider that the development will deliver the net gain for nature required by the NPPF.

Lancashire Archaeological Advisory Service

Lancashire Archaeological Advisory Service (LAAS) has checked the Historic Environment Record and there are no known heritage assets within the area impacted by the development and the site is not thought to have any significant archaeological potential. In the wider area a 17th Century estate was centred on the proposed development area and a farmstead (Lancashire Historic Environment Record PRN 39890) stood to the south east. However neither of these sites would be affected by this development. An archaeological investigation of the site is not necessary.

Burnley BC (Environmental Protection Team)

No objection raised in principle to the scheme but suggestions made in regards to conditions relating to the hours of construction, restrictions on playing music outside the venue after certain times and also consideration of the type of external sound system to be used (if one is being used).

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 prevent the opportunity for crime and disorder on site. [This information has been passed to the Applicant and Agent]

Pendle BC (Planning, Building Control and Licensing Manager)

Pendle Borough Council formally objects to the application to erect a hotel in Green Belt at Crow Wood. A summary of the letter received is outlined below,  The development is inappropriate development in the Green Belt.  No very special circumstances have been demonstrated to offset the clear national and local policy position to protect the Green Belt. The generic economic benefits this development would have fall significantly short of being able to be considered as very special circumstances and the benefits claimed are not backed up by evidence.  The accompanying submission uses the wrong policy test in the National Planning Policy Framework to justify the development which in turn means any decision to approve would not be based on national planning policy.  The sequential test undertaken for the development is not robust and does not adequately analyse all available sites.  The assessment of the impact the development would have against the five purposes of green belt set out in the NPPF is confined to Burnley. This is flawed.  The design analysis is not robust and the hotel would be poorly designed in its context exacerbating the impact on the openness of green belt.  Burnley is able to review the Green Belt or allocate a site for a hotel in the forthcoming Local Plan. Approval of this application would be premature and should follow a process of site selection in the Local Plan.  Approving the application would be inconsistent with previous decisions on the impact development would have on the Green Belt.  They consider that the application would result in an economically beneficial development that would benefit the applicant, and that this not the policy test that the development must pass, and  Whilst there would be some synergies with the existing facilities the development is simply that of a hotel in Green Belt.

Local Consultation Responses - Against

Seven (7) letters of objection to the proposal have been received. These letters can be viewed on the file however a summary of the points of objection are outlined below,

Contrary to Policy  The scheme is contrary to Green Belt Policy and I can see no way how this development could be an exception (non-agriculture, no outdoor facilities for sport/recreation etc.).  The whole ethos of Green Belt is slowly being eroded away and this would yet further extinguish the small amount of Countryside within the Burnley Catchment.  Further encroachment into the Green Belt has already occurred by virtue of previous extension after extension of the existing facilities.  Scheme is contrary to a number of saved ‘Local Plan’ policies.  More suitable brownfield sites are available for the proposed hotel development and these should be encouraged before Greenfield.

Access and Parking  The approach to the proposed hotel is the only access for homes further down the lane (as well as for Royle Equestrian Centre and for Crow Wood Equestrian Centre). The lane is a single track and already saturated by vehicles; the recent extension to the spa has added to this and occasionally the road has been totally blocked by parked cars.  Adding extra traffic would create a major bottleneck for people entering both Crow Wood and Royle equestrian centres, and the residents of Royle.  Relocation of the bridleway will mean that horse riders will now have to travel further down Royle Lane to access it.  How will coaches turn?  There is no protection for pedestrians and the existing low level lighting is poor.  Is it appropriate to build a car park for 120 vehicles in the Green Belt.

Impacts on Wildlife/Ecology  The proposed building work could cause damage to local wildlife and their habitats (including amongst others badgers, foxes, rabbits, deer, woodpecker, birds of prey, barn owls, bats etc.).  Survey not carried out at the appropriate time.  Unacceptable loss of trees and woodland from the site.  Huge negative impact on ecology contrary to the NPPF.

Flooding  Approach to Crow Wood floods regularly during heavy rain.  Additional hard surfaces will add to the run off in the area.  Royle Lane has been flooded twice since Christmas. Additional vehicles and heavy vehicles and machinery could cause further problems and damage.

Impacts on Amenity / Quality of life  The proposal will have an impact on the public footpaths and bridleways which are regularly used by horses and the public. [There are no formal PROW or Bridleways in this locality affected by the development].  Noise and disturbance from the new development including the new outdoor terrace areas, children’s play areas, live music etc.  Loss of privacy as the hotel will look directly into our garden areas.  This will be a 24hrs a day, 7 days a week, 365 days a year development that will impact upon the tranquillity of the Royle area.  Reminder of our rights under the Human Rights Act 1988.

Poor Design, Landscape Impact and impact on Listed Buildings  The proposal will have an unacceptable impact upon the setting of the Listed Buildings to the north of the site.  Hotel is too large with too many storeys and it is not in keeping with the surrounding green belt or stone built buildings.  The scheme is an ultra-modern eyesore that is visually ugly.  Rather than enhancing the landscape, the building will be a blot on it.  Over-bearing proposal that is out of character.  Inappropriate use of materials.  Only need to look at the latest “Woodland Spa” development to see how far the truth can be stretched on design and real world practice (painted sewer pipes for planters, artificial grass, painted breeze blocks, faux frosted glazing).

Unjustified proposal / Overdevelopment  Does the hotel need to cater for a wider audience or should it be for Spa guests only? No need for an 80 bed hotel in this location.  Applicant is continually applying for more development so will this ever stop?  The site cannot cope with yet more development.  Could the existing centre not be extended? A sympathetic, scaled down extension of this building would not be as intrusive.

Local Consultation Responses - For

Forty six (46) letters of support for the proposal have been received. These letters can be viewed on the file however a summary of supportive points/quotes are outlined below,

 If the town, which is growing as a commercial centre, is to meet its aspirations then the best place for such a hotel is at the Crow Wood complex. We feel sure that the superb location is important for the planned hotels success and the proposal will enhance the existing facility.  To have such a high class, vibrant and award winning facility that includes Crow Wood, The Woodland Spa and Bertram’s Restaurant in Burnley, is certainly a boost for the local economy and something to be proud of.  Visitors (both personal and business) are unable to enjoy prestigious 4 or 5 star overnight facilities at present in Burnley, and would instead need to stay out of the Borough in Blackburn, Ribble Valley or Manchester.  The town cannot afford to overlook the fact that it’s doubtful that any other developer/investor would invest in a project of this nature and scale, after all, all that Crow Wood is missing now is an on-site hotel to support the other leisure facilities. The synergies are compelling.  The hotel will require suppliers for a variety of services not just for the initial build but also for on-going supplies. I believe that Crow Wood currently use, and have a commitment to source these supplies as locally as possible.  The provision of up to 70 FTE additional jobs in Burnley will be a further boost to the local economy, not only in terms of the employees themselves but, potentially, also for local training providers.  The opening this week of the first phase of the Holmes Mill redevelopment in Clitheroe, following a long battle for planning consent, highlights what can be done when it comes to revitalising run-down areas and creating vibrant activity against the odds.  So many events are currently held outside Burnley simply because there are not enough suitable venues. The addition of high class conference facilities would be a great boost for local businesses.  Similarly, local people looking for a tasteful wedding venue must surely have their eyes on the Ribble Valley. Having our own high quality facilities in Burnley will, I am sure, generate significant revenue for the economy.  Infrastructure and education of the town has progressed immensely and now we need to refresh, update and develop the amenities in the town.  In keeping with other developments in East Lancashire and especially Burnley, such as the Prairie Golf Driving Range, the proposal can only enhance the attraction of the Town.  Crow Wood has invested a great amount of time and expense on supporting the surrounding wildlife and planting more trees. They have already made a difference to the diversity of local wildlife and the water features and wetlands described in the application will create a range of new habitats to attract and sustain new species.  It can be seen from the existing buildings that environmental issues have always been a consideration. The current buildings are made to be sympathetic with the environment and, together with much planted woodland; they have enhanced the rural area.  The build quality is very high and that contributes to the success of the complex, especially the Woodland Spa which has won numerous prestigious awards. You don't get that if you are considered ' a blot on the landscape'.  As Burnley Football Club builds new Premiership Training Facilities for its football team, why not a Premiership Hotel? Even a small town like Burnley needs a high quality landmark hotel with top quality conference facilities, which it does not have at the moment.  We strongly recommend that this proposed plan is given a Special Consideration so that the opportunity will not be lost to enhance the area both commercially and environmentally.  I’m sure the award winning woodland spa has already attracted new people from different regions of the UK via the venues own hard work in promoting and delivering a first class service, with this in mind you cannot deny the future potential for the town which will come from the proposed development.  The Crow Wood complex is a shining light and successful business. I hope the planning committee will approve this development which can only be good for the borough.

Planning and Environmental Considerations:

The main considerations in respect to this proposal are as follows, whether the principle of the development proposed is acceptable (particularly given the sites location within the Green Belt), whether the visual impact of the proposal and the proposed design is acceptable, whether the scheme will have acceptable ecological impacts, and whether the scheme will have an acceptable impact upon the amenity of nearby properties. There are also other impacts to be considered which will be covered towards the end of this report. In terms of the principle of the proposed development, there are a number of threads to consider so for ease these have been broken down into sections.

PRINCIPLE OF DEVELOPMENT – ASSESSMENT AGAINST GREEN BELT POLICY AND VERY SPECIAL CIRCUMSTANCES

Section 9 of the NPPF sets out national planning policy in relation to the Green Belt. Local Plan Policy E26 is also applicable however we consider that this has been superseded by the revised Green Belt policy in the NPPF. Paragraph 79 of the NPPF advises that ‘The Government attaches great importance to Green Belts, with the fundamental aim of Green Belt policy being to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. Green Belt serves five purposes: a) to check the unrestricted sprawl of large built-up areas; b) to prevent neighbouring towns merging into one another; c) to assist in safeguarding the countryside from encroachment; d) to preserve the setting and special character of historic towns; and e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. (Para 80 of the NPPF)

Paragraph 87 of the NPPF advises that as with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 88 then advises that ‘When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.’ For reference, paragraph 89 of the NPPF notes that a local planning authority should regard the construction of new buildings as inappropriate in Green Belt.

When the Secretary of State considered the original application for development within the Green Belt at this location, it was noted that, “there are a number of very special circumstances that would justify the new buildings (proposed under APP/1999/0343). These include the need for sporting facilities in the area and the comprehensive nature of the proposal, the lack of viable alternative sites to accommodate these facilities, the improvements to the landscape which would result from the planting, the provision of new bridleways and footpaths linking existing networks, and the contribution to Burnley’s economic development and image.”

Crow Wood is a unique local business, in a unique location. Since its initial inception in 2000, the business has gone from strength to strength, growing and creating jobs and economic prosperity along the way. It is now at a position where it is a multi- faceted leisure and recreation complex in a unique countryside setting, and it is also one that is in a unique position to be able and willing to expand its current offer. It must therefore be considered whether the detailed submission provided by the applicant, including justification, statements and development plans put forward, are considered to justify that potential harm to the Green Belt and “any other harm” are clearly outweighed by other considerations. To do this, the impacts and harm of the development to the Green Belt must first be considered.

Extent of the Green Belt

Harm to the Green Belt The fundamental aim of Green Belt policy is outlined above and the essential characteristics of Green Belt are their openness and their permanence. As noted earlier, the Green Belt seeks to serve five purposes and the proposal has been considered against these five purposes and an assessment of whether the proposal is at odds with them is outlined below; a) to check the unrestricted sprawl of large built-up areas; It is not considered that the proposed hotel development will lead to “unrestricted sprawl”. The existing Crow Wood site is a free-standing site within open countryside/outside the urban boundary of Burnley. Green Belt in this locality surrounds the northern extent of the built-up area of Burnley, with the existing Crow Wood site being separated from Burnley by land within their ownership to the south, open land to the west and to the east by the M65 motorway. Indeed, when viewing the site from afar, it is only from the Southeast of the site do you see the site against a backdrop of countryside (see map above showing the extent of the Green Belt).

Localised map of Green Belt and site location

Even with the addition of the hotel, the Crow Wood facilities will remain separate from the main urban area (see plan above). Bearing this in mind, given the overall site size and the countryside location and setting, it is considered that the impact of the proposed development on the Green Belt purpose of checking the unrestricted sprawl of the built-up area of Burnley and the harm to the Green Belt would be marginal, and not unacceptable. b) to prevent neighbouring towns merging into one another; As seen on the above maps, the current site sits within a pocket of Green Belt just north of the urban boundary. The large swathe of Green Belt to the north and beyond helps to maintain a significant separation between Burnley and the built-up areas of Pendle. In terms of built form, whilst this matter will be dealt with in greater detail later in this report, it is considered that the proposed buildings that seek to extend the existing built development at Crow Wood would have an insignificant impact in this respect, and therefore the harm to the Green Belt would be very limited. c) to assist in safeguarding the countryside from encroachment; It is clear that there is already a degree of built development at Crow Wood, and the proposed hotel and leisure facility would increase the built extent of the complex. However, the proposed new buildings would also be adjacent to the current complex and following negotiations on the siting of the complex, within the built form.

Whilst it is unavoidable that there would be some encroachment onto open countryside this is considered to be minimal given the existing site and the type of use proposed, and considering that this encroachment will be effectively screened and landscaped via the re-location and additions to the existing woodland, it is considered that the harm to this purpose of Green Belt will be minimal, and not unacceptable. d) to preserve the setting and special character of historic towns; and In this instance, this purpose is not relevant to the Green Belt in this locality and, as such, there is no harm. e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. (Para 80 of the NPPF) The scheme proposed is not considered to harm urban regeneration in this instance due to there being no alternative site within the urban area for the development, as set out within paragraphs 5.37 to 5.46, and Appendices A and B, of the applicants Planning Statement. The proposal will bring economic and social benefits to Burnley and Pennine Lancashire, and could have a positive impact by, potentially, assisting in the economic and social regeneration of nearby and other areas in the inner parts of the town, through job creation, local sourcing of goods and services.

Impact on the Essential Characteristics of the Green Belt - Openness and Permanence The existing built development at Crow Wood occupies an area of 4.7 hectares, with the hotel proposal resulting in an increase in the built form of the site by 31% to 6.2 hectares. The applicant acknowledges that there will be an impact on the openness of the Green Belt however the proposal would not change the boundary of the Green Belt and, therefore, would not harm this essential characteristic of the Green Belt.

The applicant has sought to minimise this impact by limiting the extension of the built form into open countryside, and they have achieved this by keeping the built form as close to the main Crow Wood buildings as possible. This has to some extent been limited by the easements required by the utilities and the High Pressure Gas Main that runs through the site, however the car parking areas have been incorporated within the easement area so reducing any land wastage. In addition, whilst the proposal would require the relocation of a number of trees, the majority of the existing tree cover within the site of the proposal, and surrounding screening provided by trees and planting would remain, and the applicant is intending to relocate those removed and also plant more trees and vegetation to seek a net gain in ecology. This has ensured views of the proposal from the approach road, and surroundings, would be minimised until the site is reached.

It is accepted that the due to the nature and quality of the proposal, the applicant does not consider it appropriate to completely hide the facility from view. Indeed, the proposal has been subject to design negotiations to ensure it sits within and respects and enhance the local landscape (the details of which will be discussed shortly in greater detail). This has resulted in changes to the roof scape, fenestration, use of materials, alterations to the roof and eaves heights, and its overall massing, and it is considered that these design changes and measures, along with the siting, sufficiently diminish any harm to the openness of the Green Belt. In addition, the associated works, including car parking and service areas have also been kept to an absolute minimum and will be screened and landscaped to ensure any other impact on openness is negligible and to help retain the uniqueness, and “rural feel” of the Crow Wood development. The applicant notes that this is an essential element for the operation and marketing of the business.

Impact on the Essential Characteristics of the Green Belt - Openness and Visual Amenity: Optimum Location on site and Taller Building versus Larger Footprint To explore alternatives to the impact on openness and visual amenity, the considerations were two-fold. The correct location had to be sought to provide a functional addition to the existing facility, and the overall scale and massing of the building had to be considered to ensure there was a suitable balance between the visual impact and again the functionality of the development.

Four possible sites were identified, and their relationship to the existing leisure centre is shown below,

A “Hotel Feasibility Study” document was provided by the applicant that indicated a number of “pros and cons” associated with each site but, in general, sites 1 to 3 were rejected due to the noise from the M65; poor visibility on arrival along Royle Lane; limited views over the surrounding countryside; and limited access for visitors and servicing through the site. The document concludes that Site 4, the application site, was the preferred site as the pros far outweighed the cons.  “Pros” o Separation from the noisy M65, o Maximise views over the surrounding countryside towards the river valley and Pendle Hill, o Simple servicing arrangement, o Efficient bedroom layouts / Majority of bedrooms’ exploit views, o Disabled and guest parking located close to main entrance, o Exiting arrival/entrance experience with formal drop off, o Cross country trails interwoven into landscaping, and o Construction will have limited impact on existing operations

 “Cons” o Physically separated from existing leisure facilities (via the access road), and o Hotel not visible on arrival along Royle Lane.

Having considered these arguments, it was accepted that option 4 (the submitted site) did offer the opportunity to minimise harm to the Green Belt and any other harm, and that there could be substantial benefits with this site, particularly in terms of delivering a facility that capitalises on the rural location of the site.

The option of a shorter building with a larger footprint (as opposed to the taller building with a smaller footprint presented) was also discussed with the applicant, and an assessment of the impact of a three-storey hotel option as opposed to a four-storey hotel option (the current proposal) has also been provided. It outlines that the proviso was that the hotel would be a minimum 80 bed facility as this was considered the minimum necessary to produce a viable expansion to support, work in conjunction with, and exploit the benefits of the other on-site leisure facilities. A Landscape Visual Impact Assessment also considered these two options alongside looking at the overall impact of the scheme.

In creating a three-storey development a significantly larger footprint (3,195 sq. m. compared with 2,595 sq. m.) would have been required for 80 rooms and associated facilities, and to ensure that all bedrooms have an external window. It is accepted that internal bedrooms with no window would not be commercially viable. This would have inevitably have led to greater encroachment in to the countryside and loss of openness. Incidentally this larger footprint was also not achievable due to the significant site constraints mentioned earlier in respect of the existing gas pipeline and sewage pipeline and their easements that run across the site that preclude development on a larger footprint. A further issue was also the desire to retain as many as possible of the existing mature trees on the site, and the larger three storey building may also have led to the repositioning of the private road through the site which leads to residences and businesses beyond Crow Wood (Royle Hall Farm and Royle Equestrian Centre among others). This engineering operation would itself have had an impact on the Green Belt and the lives and livelihoods of others. The chosen four-storey proposed in this application was considered to negate all the issues outlined above.

Easements required on site due to infrastructure constraints

It is therefore considered that a three storey option, even if it could be achieved (and on the application site it cannot), would increase the overall impact of the form and mass of the hotel building significantly compared to the four storey option. This is mainly due to the increased length/width of the building that would make the building more visible from viewpoints A, B, F, and H in the Landscape Visual Impact Assessment (supplied with the application), and despite the overall height of the building being 3m taller than the three storey option (16.1m to the ridge instead of 13.1m). Other elements of the design will be considered later in this report.

PRINCIPLE OF DEVELOPMENT – NEW LEISURE / TOURIST OUTSIDE THE TOWN CENTRE AND SEQUENTIAL TESTING

Local Plan Policy EW3 advises that ‘Proposals for new and expanded leisure, tourist, arts and cultural facilities outside Burnley and Padiham town centre insets will be permitted where the proposal fulfils the following: For all proposals over 2500m²: (a) the applicant can clearly demonstrate that there is a need for the proposal (including all constituent elements); and (b) that the proposal satisfies the sequential approach to site selection in that it can be demonstrated that no suitable site is available within the town centre inset boundaries of Burnley or Padiham, or allocated elsewhere in the Local Plan, district and local centres and only then using out-of-centre sites in locations that are accessible by a choice of means of transport For all proposals: (c) it is of a scale, character, design and appearance compatible with its surroundings; (d) it does not harm the residential amenity of local residents; (e) it would not create an unacceptable concentration of one use class; (f) it is accessible, or potentially accessible, by a choice of means of transport; (g) the road network, with any suitable improvements proposed, is capable of accommodating predicted traffic levels; and (h) includes, where appropriate, training and recruitment provision as required by Policy EW10 – ‘Development and Training Provision’ of the Burnley Local Plan.

Part 2 of the NPPF seeks to ensure the continued vitality of town centres, noting within Paragraph 26 that ‘When assessing applications for retail, leisure and office development outside of town centres, which are not in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floor space threshold (if there is no locally set threshold, the default threshold is 2,500 sq m).

This proposal exceeds this threshold and involves the construction of a hotel, with banqueting and function facilities, to complement the existing gym, swimming pool, Spa, equestrian facilities and Soccer area. As part of the pre-application discussions it was agreed that the nature of the proposal, and the range of existing town centre facilities on offer, did not require the undertaking of such an assessment. However, the applicant did provide sufficient detail to assess the scheme against the above Local Plan Policy as well as carrying out a sequential test in line with paragraph 24 of NPPF which states; “Local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre. Applicants and local planning authorities should demonstrate flexibility on issues such as format and scale.”

Whilst the applicant has been willing to be flexible on format and scale, the Crow Wood project has essential requirements that have to be met if the investment is to go ahead, namely, a) It has to be in a location that would benefit from the synergies emanating from the existing Crow Wood site at the very least in or on the edge of Burnley town centre; b) It has to be a new build facility; and c) It has to be able to accommodate a c.80 bed hotel and ancillary facilities.

All options in Burnley, in centre, edge and out of centre, were considered, and the evidence provided within Appendix A, B and C of the applicants Planning Statement, which includes a list of hotel and conference/function facilities in Burnley and the wider area, coupled with other information, demonstrate that the Crow Wood proposal given its qualitative difference (4* with associated leisure and recreation facilities) would not impact on any existing town centre use and, therefore, the vitality and viability of Burnley town centre, or indeed Padiham town centre, would not be undermined. There are no existing or proposed hotels sites available within Burnley town centre or within the , indeed due to infrequent use, other similar uses within the town centre have, in recent years, changed to alternative uses. Should any of these buildings seek to refer back to hotel accommodation or if there were to be the potential to re-use or upgrade buildings for hotel use, due to the likely scale and offer of such a facility, it is still not considered that the proposal would impact upon this and as such would not have any detrimental impact on the vitality and viability of the town centre.

DETAILED DESIGN OF THE DEVELOPMENT

The culmination of the final submitted detailed plans has been a fluid process. The Local Planning Authority has been engaged at a relatively early stage to discuss and work through an appropriate and acceptable scheme for this site, and this has included discussing matters of siting and scale (already discussed earlier in this report), but latterly the layout, massing, form and materials.

In terms of layout, the building needed to include the desired staff, hotel and function guest flow through the ground floor accommodation, from the entrance all the way through to the other facilities and beyond into the external space, with a vision that the proposed layout and arrangement of the building on the site could permit views and access to the gardens by residents and guests on arrival. The proposed development has evolved from a radiating form, through a kinked, orthogonal iteration, to the final subtly curved plan as detailed in the Design and Access Statement. This evolution allows a more efficient use of the spaces internally whilst allowing the building itself to be visually broken up into two almost separate units. The layout also caters for 120 car spaces, including accessible bays, to the front entrance of the building. The car park zone is heavily planted with trees and shrubs to soften its edges and break up its visual impact. The eastern gable of the building penetrates the hedgerow lining Royle Lane, both connecting the building with the Crow Wood facilities and presenting a marker as the gateway enclosure to the complex.

The existing access junction and car park serving the Equestrian Centre on the opposite side of Royle Lane will then accommodate short stay coach parking and guest drop-off, linked to the main complex via a new footway. The final layout presents an embracing frontage and enclosure to the building’s main approach and creates a screen to the dedicated car park from the north and west, whilst opening the north elevation to uninterrupted views across the natural landscape and Pendle Hill. The Eastern gable of the building touches Royle Lane and forms a gateway presence at the exit from the Crow Wood estate, travelling north, and reinforces a sense of enclosure to the hotel fore-court.

Proposed site plan

In terms of the massing and form of the building, a pitched roof profile was considered to be the most appropriate form for the buildings skyline. A single dual pitched roof was discounted due to the apparent scale this presents, so the roof was then split into two dual pitched roofs serving either side of the bedroom corridor spine. This also presented an appropriate scale on the building’s gable profile. At ground floor level, the form of the Function Suites required the capture of the uninterrupted views to the north across the natural landscapes (at both ground and first floor) so this roof was broken down into three pavilion roof forms and the apex was orientated that it is perpendicular to the bedroom windows at first floor.

In terms of the elevational treatments, the choice and composition of materials and the fenestration to the upper floor bedroom windows, which are now grouped in order to achieve greater areas of glazing and emphasise verticality, has been discussed as part of the pre-application process as the initial suggestion for a building utilising more traditional materials and fenestration would come across more as a pastiche than as something that reflects the locality. Crow Wood itself is a mixture of traditional AND modern materials, something that has evolved over the course of time on site, so a larger Country Manor House type scheme (at the design stage) was not considered to be appropriate. This was due to the form, scale and massing of the development that, due to the proposed traditional materials, became more akin to a large cotton mill; something that would look wholly out of place within the open countryside.

Proposed South facing elevation

Proposed East facing elevation

Proposed West facing elevation

Proposed North facing elevation

As noted above, the main blocks of the building are clearly expressed as two distinct components joined by a fully glazed centre piece which contains the main entrance, and the roof form also reflects the two components, in order to break the roof line and the prevent a “monolithic” appearance of the building. The pallet of materials comprises zinc roof and wall cladding (the exact details to be agreed prior to commencement of development), a traditional stone base and terracotta batten solar shading combine. As well as their individual aesthetic properties, these robust materials will present strength and permanence to the development whilst contrasting well with large areas of glazing proposed that will maximise views, reflect the surrounding countryside in which the building will sit, and will also take advantage of measured solar gain.

Examples of the palette of materials and styles discussed The window fenestration patterns were also explored in order to identify an appropriate scale and rhythm to the principal facades and realise the vernacular reflective of the Lancashire countryside. The functional requirements of stacked and repetitive rooms benefit an economy of scale and achieves best efficiency in hotel design, however the desire to break from a repetitive façade treatment has been at the forefront of the developed design, whereby end rooms have their windows orientated on to the gable wall, strengthening a “book end” approach to the principal elevations and, in turn, further animating the gables. Top floor windows are also treated as dormers, permitting the roof level to be lowered and relieving the eaves line, by presenting a castellated edge.

Visual impression of proposed development (as viewed from Bertram’s)

The Government attaches great importance to the design of the built environment (Paragraph 56 of the NPPF), noting that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Paragraph 60 also notes that planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.

Considering this measured, thoughtful and engaging approach to what will be a landmark building as well as a potential Regional destination, the building form presents a contemporary interpretation of rural architecture that will sit well within the open countryside location, and will have an acceptable visual impact on the wider area.

ECOLOGICAL / HABITAT IMPACTS AND PROPOSED LANDSCAPING

With regards to any ecological impacts, the Agent has responded noting that the proposed landscaping scheme has been pledged to replace the trees that have to be removed and supplement this with further tree planting (however until the landscaping details are fully worked up it is difficult to identify exactly where the replacement trees will be). They will however be planted in groups throughout the site and this will result in a positive effect on linkages to the Biological Heritage Site at Spring Wood. Having reviewed this response, it is considered that any negative impacts can be avoided and that, subject to appropriately worded conditions, the development will deliver the net gain for nature required by the NPPF.

In terms of the schemes impacts upon habitats, the ecological survey supplied notes that the habitats on site are of low ecological value. Whilst areas of trees, grasslands and hedgerow will be lost by the development, the replacement plantation woodlands will more than compensate for this loss. With specific regard to bats, no potential roosting habitat is to be directly impacted within the site boundary; however any potential feeding or roosting sites can be protected from light spillage via suitably worded conditions.

No great crested newts have been identified on site although significant numbers of common toad (a Biodiversity Species of Principal Importance) were recorded and as such, the Council’s ecological advisors have requested that the recommendations made in Section 6 of the Great Crested Newt Survey report (Appletons 2016) should be adhered to throughout the development. As part of this mitigation, the applicant will be incorporating a new landscaped water feature to the rear of the building, the final details of which will be agreed prior to any works commencing on site.

Preliminary Landscape Plan

In terms of landscaping for the site, the external landscape environment will be developed to promote a distinct sense of place, address a range of environmental issues and be capable of accommodating the long term functions of the hotel. The landscape scheme for the site will provide,  A sustainable landscape,  Character and distinctiveness in keeping with the site’s setting and Green Belt location,  Definition to hotel activity spaces and those of the wider complex,  Access and connectivity across the site,  Spaces that are clear as to their purpose and function, and  Enhanced biodiversity and habitat creation.

This will therefore gain a net increase in biodiversity as recommended by the NPPF.

IMPACT ON VISUAL AND RESIDENTIAL AMENITY

Following from initial pre-application discussions, there has been careful consideration of the impact of the proposal on the visual and residential amenity of the area, taking into account views from public areas; as well as how the location, including the height of the proposed development, would impact on the character and appearance of the Green Belt.

The Visual Impact Assessment of the proposal, at a height of four storeys, has been carried out by experienced Architects and Consultants, and key viewpoints have been assessed and visual imaging included within the document. The Local Planning Authority agree with the conclusion that the impact on the existing views by virtue of the introduction of the proposed development would be very minimal due to the topography of the land on which it will be positioned, the overall height, glazing and materials to be used, the fact the proposed building nestles behind a dense tree belt to its south, and the proposed additional landscaping to be introduced on site. Wider landscaping proposals will strengthen the tree belt to provide additional screening and minimise the impacts of the proposal further on the Green Belt and preserve and enhance that visual amenity.

In terms of the proposals impact upon the residential amenity of the nearby residents, the considerations of noise, disturbance and light pollution have been considered by colleagues within the Environmental Protection Team and they consider that the use of relevant conditions can be implemented in order to limit and/or control light and noise nuisance from the external areas of the premises, and also that the proposed additional landscape planting will also help to mitigate any sound carry. This additional landscape planting coupled with the fact that the proposed development will be over 280m away from the nearest residential garden (to the north of the site) and some 380m away from the nearest properties (to the west of the site) will ensure that the proposal will cause no loss of privacy to the occupiers of these properties. In terms of the overspill of cars parking on the access road, this can also be controlled by a suitably worded condition as the land is within the ownership of the applicant.

The Human Rights Act 1998 has been mentioned by one objector, and this has incorporated provisions of the European Convention on Human Rights (ECHR) into UK law. The general purpose of the ECHR is to protect human rights and fundamental freedoms and to maintain and promote the ideals and values of a democratic society. It sets out the basic rights of every person together with the limitations placed on these rights in order to protect the rights of others and of the wider community. The specific Articles of the ECHR relevant to planning include, amongst others, Article 8 (Right to respect for private and family life, home and correspondence) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

The planning system by its very nature respects the rights of the individual whilst acting in the interest of the wider community. It is an inherent part of the decision- making process for the Department to assess the effects that a proposal will have on individuals and weigh these against the wider public interest in determining whether development should be allowed to proceed. In carrying out this balancing exercise, it is therefore considered that any impacts on the residential amenity of the occupiers of nearby properties will be minimal and not unacceptable.

OTHER IMPACTS TO CONSIDER

Impact on nearby Listed Buildings Local Plan Policy E10 advises that the Council will not permit proposals that adversely affect the setting of a Listed Building. There are four elements of Royle Hall Farm (the nearest Listed Building) that are listed, including the Gate piers at outer gateway of Royle Hall Farmhouse approximately 300m north of the proposed building.

Royle Hall Farmhouse is currently partially screened from Royle Lane, as are the Gate piers at the entrance to Royle Hall Farm, by a number of mature oak, sycamore and beech trees. The site will be further screened by additional planting (that is subject to condition) in accords with the recently approved agricultural storage building on the edge of the applicants land ownership, and also by larger swathes of woodland planting in accordance with the requirements of the mitigation required to satisfy this development.

As such, whilst the proposed new development may be partially visible from the outer gateway, and possibly from the Farmhouse itself, the level of harm to their setting is considered to be negligible, and the scheme will have no impact on Royle Hall Farm or indeed other Listed Buildings.

Flooding Environment Agency data show the development is confined to Flood Zone 1 and avoids areas of Flood Zones 2 and 3. Therefore the proposed development is not at risk of fluvial flooding. The finished floor levels will be raised 300mm above surrounding ground levels in order to mitigate against any shallow localised surface flows, and details of surface water drainage will be agreed in writing with the Lead Local Flood Authority before development commences on site in order to restrict discharges to the current greenfield rate. This will be dealt with by condition.

Accessibility and Parking Whilst set in open countryside, the application site has developed into a unique location with reasonable accessibility and connections to Burnley town centre. Whilst it is located 1 mile from Burnley town centre, it is located adjacent to Junction 11 of the M65, it is within 0.6 miles of Burnley Central Station and it is also close to a bus route (95A). It is also reasonably accessible by walking and cycling.

The County Highways Officer has accepted the detailed information provided within the Travel Plan produced to support this development and has suggested conditions to ensure the proposed links to existing active travel modes can be maximised.

The scheme has been considered by the County Highways Officer and there have been no objections raised in regards to the proposed parking outlined on the detailed plans. A number of conditions have been requested in order to ensure that these parking and drop off areas are managed by the applicant, and also to ensure that there are no knock on effects to other users of the land that runs through the site.

Energy Saving Measures The proposal will adopt a ‘fabric first’ approach to the buildings design, using high performance insulants, materials and components targeting low U-values and improved air permeability to minimise heat loss. This is an improvement of 25% on that required by Part L of the Building Regulations.

The plan layout and orientation will permit natural daylight and promote solar gain to the majority of rooms, with high efficiency equipment providing heating, cooling and ventilation, with energy efficient lighting throughout the facility. The Architect has suggested that where possible terraced roofs will be explored to maximise provision of Sedum or green roof technologies to support biodiversity.

In addition, the following installations will also be explored,  Solar PV,  CHP (combined heat and power),  Passive ventilation,  Energy metering,  Water usage and retention, and  Good housekeeping, waste and recycling management.

VERY SPECIAL CIRCUMSTANCES (VSC) - Other considerations in terms of the justification and need for the development, the economic benefits of the proposal, the impact on tourism, and the improvement in the image and reputation of Burnley that outweigh any harm to the Green Belt and any other harm

Notwithstanding the view that whilst the scheme proposed does cause very limited or minimal harm, this harm can be, or has been, suitably mitigated for, it must also be considered whether the aforementioned harm to the Green Belt and “any other harm” can also be clearly outweighed by other considerations; namely whether there are Very Special Circumstances surrounding this proposal.

Since planning permission was granted for Crow Wood Leisure in September 2000, following intervention by the Secretary of State (APP/1999/0343), the former 40- hectare dairy farm (Crow Wood House Farm) has been transformed into an impressive leisure club and equestrian centre and has continued to expand to cater for increased public demand. Crow Wood is now one of the largest and most successful businesses in Pennine Lancashire.

Presently, the business employs 160 people and in the last four years the applicant notes that he has invested a further £7million at the site. This has been used to create additional indoor and outdoor equestrian arenas, five and seven-a-side football pitches and there has also been further investment in some of the most advanced hi-tech gym equipment available on the market to add to the leisure complex arm of the business. Most significantly, however, have been the opening of Bertram’s Restaurant, and the creation of, and additions to, the multi-award winning Woodland Spa. Whilst the business has been growing and expanding, the applicant considers that one of the major limits on the growth of the business, especially in relation to the Spa, is the lack of on-site accommodation. They have tried to address this, to the limited degree allowed, through the conversion of existing buildings, and three luxurious hotel style double bedrooms and a stylish apartment have been created. Such limited provision means that there is limited opportunity for overnights stays, and the applicant has provided evidence within the Planning Statement and a subsequent addendum to highlight that there is a demand for this facility on the site, most specifically due to the fact that most visitors to the Spa are from further afield than Burnley and would prefer the option to stay on site. There is also the suggestion that users of the other facilities on site who travel from further afield would also benefit.

The applicant therefore seeks to further develop accommodation on-site to maintain this success and continue the growth of the business, and contribute to the growth of the local economy. Re-location of parts of the business or development of a separate “sister” site are not considered to be suitable or viable options. Whilst a “sister” hotel could feasibly be built in another location somewhere in Burnley, the applicant has shown that not only is there not another site available, but that this would also fail to benefit from the existing on-site facilities and synergies of use; part of the key driver to proposing the development at this location. In addition, whilst they could feasibly re- locate the gym or Spa facilities somewhere else in Burnley, or indeed further afield, in doing so it would remove many of the key features the business offers. It is accepted that these options would not be suitable, economically justifiable or viable options.

The applicant is seeking to maximise the potential of the existing site and its countryside setting; retain and offer the wider views to users of the hotel; and utilise the connections to the wide range of indoor and outdoor facilities at the site through the creation of the proposed 4* standard hotel and associated function facilities at the site. Whilst built separately from the existing built form at this site, the development presented is for an expanded accommodation offer to complement and add to the existing facilities at this site. It is said that the proposal will only work in this location because it will be linked with, and function as part of, a wider existing award winning enterprise. This is due to the fact that to achieve 4* standard, the hotel must function with the existing restaurant and other facilities on site such as the Spa. Without capitalising on the unique synergies of the existing on-site facilities the proposed hotel would fail to achieve four-star standard. This will be achieved by creating,  strong physical links allowing guests to move conveniently and safely around the whole site;  an operational environment where hotel guests can use the range of existing facilities from Spa to Bertram’s restaurant, to Health and Fitness, to Equestrian and Football; and  by marketing the site as a complete leisure break experience.

Having considered the justification put forward by the applicant, there is strong merit in the case that the existing leisure facilities will combine with the new hotel to provide a unique hotel/leisure facility on one site. Such a hotel at this site will be able to exploit existing gaps in capacity at Crow Wood across the range of on-site activities because of the freedom staying on-site allowing hotel guests to use facilities throughout the day, especially evenings and weekends. This will, in turn, make the existing business more efficient and cost-effective by exploiting on-site opportunities to the full. Overall the proposed development will allow further expansion at what is already a “flagship” site for Burnley and Pennine Lancashire. Crow Wood Leisure is unique in Pennine Lancashire in providing, within an attractive countryside setting, and in a reasonably accessible location, a wide range of high quality leisure and recreation facilities. With this unique combination, Crow Wood has become not only a successful business, but also a symbol of the changing and growing economy in Burnley. The further growth envisaged in this proposal will see a £10 million investment and with 70 new jobs an increase in employment at the site of over 40%. Crow Wood can only, and will only, expand on the present site, and this is the only location that will ensure the further expansion of the existing business and bring the economic growth and benefits outlined below in more detail.

Economic Benefits of the Proposal

The Council accepts the suggested significant economic benefits of the proposal, and how it will impact on the local Burnley economy; the wider Pennine Lancashire economy and the potential for economic benefits to the deprived inner areas of Burnley. Given the location of Crow Wood, on the key Pennine Lancashire motorway and rail corridor, these effects will be felt most strongly within Burnley and Pennine Lancashire as this is the area from which most of the workforce is likely to be attracted and from which most goods and services will be sourced.

Direct Economic Benefits -

The creation of a hotel will have significant direct benefits to the economy of Burnley and wider Pennine Lancashire. The first of these is the creation 70 new jobs at the site and through continued development of the site growth to support the existing 160 jobs on site. The new jobs at the hotel will be made up of, and not limited to, the following,  Managerial Level staff,  Marketing and Advertising staff,  Accounting / Purchasing staff,  Executive Chef / Cooks / other levels of kitchen staff,  Event Planner / Guest Services (requiring high level skills/qualifications),  Administration team (requiring high level skills/qualifications),  Housekeeping / Porters / Concierges / Room Service / Waiter/Waitress The significance of this new investment in local employment opportunities has been outlined by the applicant in the context of the overall long-term, under-performance of the Burnley and Pennine Lancashire area in terms of Economic activity, Economic inactivity, lack of skills, levels of hourly pay, unemployment etc. (see Appendix D in the Planning Statement). It is clear that the addition of these new jobs will help improve these existing levels through a number of opportunities for those not only with low or only entry levels skills and qualifications, but also for those at a higher level. There will also be a wider benefit to the local economy in that most of the employees on site will spend their wages by employees in the local economy.

Indirect Economic Benefits -

The creation of the hotel will inject a £10 million capital investment into the local economy with a number of potential benefits to the local economy including,  spend on construction products and materials from local suppliers,  spend and with local construction companies,  spend on furnishings and fittings; and  employment of local labour. Once the hotel is up and running there will then be continual need for goods and servicing most of which, given the way the existing Crow Wood operation is currently run, will be sourced locally. For reference, the annual revenue spend on goods and services is estimated to be £3.4m.

Tourism Benefits

The benefits of a 4* standard hotel in Burnley will inevitably extend to the new leisure and business visitors that will be attracted to the area. This will bring spend in to the area not only with combined visits to the existing facilities on site but also on those visiting the hotel itself. The knock on effects to Burnley and the wider Pennine Lancashire through the use of other local services and attractions can be envisaged by considering data from Marketing Lancashire who note that as a benchmark, staying visitors in serviced accommodation to Lancashire spend on average £127.15 per day.

Improvements to the image and reputation of Burnley

The applicant has highlighted another benefit that is difficult to quantify, however it is one that must be considered. Put simply, it is suggested that at present within Burnley and the wider Pennine Lancashire areas there are not have enough quality attractions to attract businesses and visitors to the town, and that no one is prepared to make investments in new quality attractions because we do not attract businesses and visitors. This is what is being offered here. The impact a high class facility can have in helping to assist in raising the national profile and improving the image of Burnley and wider Pennine Lancashire, is something that the area, and its key agencies, including the Local Councils, have wrestled with for some considerable time. It is also something that must be considered as a potential benefit and part of the justification for the Very Special Circumstances.

PLANNING BALANCE AND CONCLUSION

For this development to be considered sustainable in line with NPPF objectives, the key policy issue confronting the development is Green Belt. Section 9 of the NPPF sets out national planning policy in relation to the Green Belt. Local Plan Policy E26 is also applicable however it is considered that this has been superseded by the revised Green Belt policy in the NPPF. Paragraph 79 of the NPPF advises that ‘The Government attaches great importance to Green Belts, with the fundamental aim of Green Belt policy being to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. Paragraph 87 of the NPPF advises that as with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 88 then advises that ‘When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.’

The relevant national and local non-Green Belt policies have been considered and, as outlined earlier in this report, an assessment has been made against the five purposes of the Green Belt (paragraph 80 of the NPPF); its impact on the openness and permanence of the Green Belt and visual amenity. In assessing the proposal against these criteria it is concluded that the proposed development causes only very limited or minimal harm. Any other harm that has been identified has either been removed from the proposal or mitigated for. Notwithstanding this, having considered the detailed submission provided by the applicant, on balance, the statement, including justification, and development plans put forward are considered to justify that potential harm to the Green Belt and “any other harm” is clearly outweighed by other considerations.

Crow Wood is a unique business in a unique location. The applicant is a committed local businessman, and the business, employing 160 people, is now one of the largest employers in Burnley. It is one of the town’s key economic assets. Approval of the proposed development will enable the applicant to exploit existing gaps in capacity at Crow Wood across the range of on-site activities because of the freedom staying on- site allowing hotel guests to use facilities throughout the day, especially evenings and weekends; This will, in turn, make the existing business more efficient and cost- effective by exploiting on-site opportunities to the full. Overall the proposed development will allow further expansion at what is already a “flagship” site for Burnley and Pennine Lancashire.

Crow Wood has become not only a successful business, but also a symbol of the changing and growing economy in Burnley. The further growth envisaged in this proposal will see a £10 million investment and with 70 new jobs an increase in employment at the site of over 40%. Crow Wood can only, and will only, expand on the present site, and this is the only location that will ensure the further expansion of the existing business and bring the likely economic growth and benefits outlined below;  There is no need to develop a new, full-service hotel ‘from scratch’, as there are existing - exceptional quality - spa, restaurant, and other leisure facilities for the hotel to be added to at the site. This will create the highest quality hotel, spa and banqueting destination in Lancashire. The hotel and leisure facilities must work together as the hotel cannot be 4 star without an on-site restaurant, but can achieve 4-star standard, by using the restaurant facilities on the wider site. Nor would it make commercial sense to create a new restaurant in the hotel in competition with Bertram’s. These functional links are repeated with the other leisure uses, such as the spa, that will benefit from links to 4-star standard accommodation.  The hotel will create demand from multiple markets. This will support commercial sustainability of the project and have wider local economic development impacts, such as  70 new jobs of varying skill levels and professions and a total payroll of £1,085,668 including NI contributions,  Support for a further 160 existing jobs on site,  A £10 million pound, initial, capital investment,  Annual running cost of £3,400,000, with potential for £1,995,770 of this to be spent sourcing goods and services to directly benefit the local economy,  New residential tourism markets which will ‘open up’ through having the range of existing spa, restaurant, and leisure facilities plus the new hotel and banqueting space (e.g., weekend spa breaks, weddings, parties and other functions, corporate residential meetings and other events / activities, etc.), creating  An estimated additional annual £3.97 million spend by visitors to the area,  An estimated 30,000 visits to the area each year,  Development of the business visitor and leisure visitor with potential leverage in new spend, and  Immeasurable impact on the image and reputation of the local area.

In terms of national planning policy these contributions to sustainable development, in general, and economic growth, in particular, should be supported and encouraged. Planning should not act as an impediment to economic growth. In line with national planning policy (para. 19 of NPPF) “significant weight” should be placed on the need to support this sustainable economic growth at Crow Wood. Alongside the very special circumstances case that has been accepted, the “significant weight” that national planning policy seeks to be given to sustainable economic growth is a key consideration.

The National Planning Policy Framework (NPPF) makes it clear that planning applications must be determined in accordance with the statutory development plan unless material considerations indicate otherwise. The NPPF is itself a material consideration in planning decisions and it advises that the purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system. (Para 6 of the NPPF).

The NPPF states that there are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:  an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;  a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and  an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

Having considered the proposed development, it is considered that the proposal would meet all of these roles for the following reasons;  economic – the estimated £10 million investment in the proposal is predicted to provide significant benefits to the local economy in terms of jobs (before, during and after construction); economic multipliers; increased visitor numbers and spend; culminating in an anticipated improvement to the image of the area;  social – the development will be of a high quality and will continue to provide a range of accessible local services that will reflect the community’s needs, thereby supporting the health, social and cultural well-being of Burnley residents and visitors from the wider area; and  environmental – the proposed mitigation measures and additional/replacement landscape planting will protect and enhance the natural environment, help to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon/low energy facility on site.

On this basis, in regards to the NPPF requirement to contribute to sustainable developments, the proposed development at Crow Wood is considered to be a sustainable development.

For planning permission to be granted, “very special circumstances” must exist, whereby potential harm to the Green Belt, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Having carefully considered the planning balance detailed within the submission provided by the applicant, it is accepted that Very Special Circumstances do exist and that the development proposed sufficiently justifies that the potential harm to the Green Belt, and “any other harm”, can be clearly outweighed by other considerations.

Recommendation: That Members advise the Secretary of State that they are minded to approve the application subject to the following conditions, and that the final decision be delegated to the Head of Housing and Development Control to approve, if appropriate, following the decision made by the Secretary of State.

Draft Conditions at the time of the reports submission (to be finalised on the Green Sheet on the 19th of October)

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: PA(00) 001 Rev. A, PA(00) 002 Rev. A, PA(00) 003 Rev. A, PA(00) 004 Rev. B, PL(00)005 Rev C, PL(00)006 Rev B, PL(00)007 Rev B, PL(00)008 Rev B, PL(00)009 Rev B, PA(00) 010 Rev. A, PA(00) 011 Rev B, PL(00)012 Rev B, PL(00)013 Rev B, PL(00)014 Rev B, PL(00)015 Rev C, PL(00)016 Rev B, PL(00)017 Rev B, BTC951-TCP, BTC951-TIP, plan entitled ‘Required Visibility Splay’ (with reference NW91471_004 Rev. A) and plan entitled ‘Proposed Footpath to Royles Lane’ (with reference NW91471_004 Rev. A) both received 12th August 2016.

3. 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. 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 f) Details of the routeing of construction vehicles and materials delivery vehicles

4. No construction work shall take place on the development hereby approved outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm 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.

5. Notwithstanding the submitted details, as indicated on plan drawing numbers 2048_01 and 2048_02, within six months of the commencement of any built development above slab level, full and final details of the proposed comprehensive hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. a. Hard landscaping shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant]. b. Soft landscaping shall include full details of the proposed lake (including site sections and construction details), schedules of plants, noting species, plant sizes and proposed numbers/ densities where appropriate. c. The scheme shall also include details of habitat mitigation enhancement measures such as bat and bird boxes which could be installed on retained semi-mature trees or on the new buildings.

6. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the first use of any part of the development or in accordance with a programme approved in writing by the local planning authority.

7. Notwithstanding the submitted details, as indicated on plan drawing numbers 2048_01 and 2048_02, within six months of the commencement of any built development above slab level, full and final details of the proposed replanted and replacement woodland areas on site shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. The planting of the replacement trees shall be carried out within the next planting season following the felling of the trees, it will use native species and will be of local provenance, if available, and shall thereafter be maintained in accordance. If at any time the replacement trees die, they shall be replaced within three months of dying. The above details shall also include mitigation measures for the temporary loss of nesting sites while the newly planted habitat matures, and shall include a minimum of ten bird boxes to be installed within retained woodland.

8. No development shall start until the details of the means of protecting trees and hedges, including root structures from injury or damage prior to or during the development works, have been submitted and approved in writing by the Local Planning Authority. Such protection measures shall be implemented before any works are carried out and retained during building operations and furthermore no excavations, site works, trenches or channels should be cut or services laid or soil, waste or other materials deposited so as to cause damage or injury to the root structure of the trees or hedges.

9. Any removal of potential breeding bird habitat (hedgerow and plantation woodland) shall be completed outside the breeding bird season (which runs from approximately late February to end August). Any vegetation clearance works that must be carried out within the bird breeding season will be subject to a pre- clearance bird survey carried out by a suitably experienced ecologist, the details of which shall be submitted to the Local Planning Authority prior to works being carried out. In the event that the site investigations confirm the need for mitigation measures, the measures identified by the site investigation shall be undertaken prior to commencement of the development. Verification that the measures have been carried out/incorporated into the scheme shall also be submitted for approval by the LPA.

10. No site clearance, site preparation or development work shall take place until a scheme for the control and eradication of plant species (including Himalayan Balsam) listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.

11. As the site is potentially suitable for badger, a pre-commencement walkover survey will be undertaken to check for any setts which may have been excavated in the area to be cleared, the details of which shall be submitted to the Local Planning Authority prior to works being carried out. In the event that the site investigations confirm the need for mitigation measures, the measures identified by the site investigation shall be undertaken prior to commencement of the development. Verification that the measures have been carried out/incorporated into the scheme shall also be submitted for approval by the LPA.

12. The recommendations made in Section 6, paragraphs 6.2 to 6.4, of the Great Crested Newt Survey report (Appletons, 2016) should be adhered to throughout the development.

13. Notwithstanding any description of materials in the application, prior to the commencement of any built development above slab level, a scheme and samples of the precise details of all materials to be used in the construction of the development hereby approved, including facing and roofing materials, shall 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.

14. Prior to the commencement of built development on site the following shall be submitted to the LPA for approval in writing, 1) details of a scheme of intrusive site investigations on site shall be submitted for approval in writing by The Coal Authority. The agreed scheme of intrusive site investigations shall then be carried out and, 2) a report of findings arising from the intrusive site investigations shall then be submitted for approval in writing by the LPA. 3) In the event that the site investigations confirm the need for remedial works, the remedial works identified by the site investigation shall be undertaken prior to commencement of the development. 4) Verification that the remedial works have been carried out shall also be submitted for approval by the LPA.

15. No development shall take place until further investigations are carried out to establish the location, capacity, condition and discharge point of the culverted watercourse referred to in Section 3.2.2 of the FRA (Ref: '2015s3292', By: 'JBA Consulting'; Dated: 'December 2015').

16. No development shall commence until details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. Those details shall include, as a minimum: a) Information about the lifetime of the development, design storm period and intensity (1 in 30 & 1 in 100 year +30% allowance for climate change), discharge rates and volumes (both pre and post development), temporary storage facilities, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of floor levels in AOD; b) The drainage strategy should demonstrate that the surface water run-off must not exceed 8.3 litres per second. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. c) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant); d) Flood water exceedance routes, both on and off site; e) A timetable for implementation, including phasing as applicable; f) Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates; g) Details of water quality controls, where applicable. h) Finished floor levels

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

17. No development hereby permitted shall be occupied or open for business until the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

18. No development shall commence until details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development have been submitted which, as a minimum, shall include: a) The arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents’ Management Company b) Arrangements concerning appropriate funding mechanisms for its on-going maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as: i. on-going inspections relating to performance and asset condition assessments ii. operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime; c) Means of access for maintenance and easements where applicable.

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

19. Notwithstanding the submitted details, prior to the completion of any built development on site, the final scheme for the parking and manoeuvring of vehicles on the site, including the proposed coach drop off area shown on plan reference PA (00) 004 Rev. B, shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be carried out before any part of the facility hereby approved is open for use and it shall remain available for the parking of vehicles in connection with the development hereby approved at all times. For the avoidance of doubt, the scheme shall include details of materials to be used, boundary and edging treatments, details of illumination within the car parking areas and signage.

20. Details of parking for cycles / motorcycles / electric charge vehicles within the proposed car park shall be submitted to and approved in writing by the Local Planning Authority. The spaces / facilities shall thereafter be provided in accordance with the approved plan before the use of the premises hereby permitted becomes operative, and shall remain so in perpetuity.

21. Prior to the first use of the facility hereby approved, a detailed car park management scheme shall be submitted to the Local Planning Authority for approval in writing. The scheme shall include methods to prevent the parking of vehicles anywhere other than the existing and proposed designated car parking areas, and details of signage and road markings, where required.

22. There shall be no burning of waste or other materials within the curtilage of the premises.

23. The use of the building hereby approved shall not start until an assessment has been submitted for written approval to the Local Planning Authority which details the levels of internal and external noise likely to be generated from the proposed use of the site. This assessment shall be used to identify and determine appropriate noise mitigation measures (such as soundproofing or site specific external sound equipment) required to protect the amenity of adjacent noise sensitive properties. The approved noise mitigation measures shall be implemented prior to the start of the proposed use and retained thereafter.

24. Within six months of the commencement of the development, a scheme and programme for any other lighting on the site, outside of the proposed car parking areas, shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme and programme shall include details of: a) Location, type and intensity of lights. b) Types of masking or baffle at head. c) Type, height and colour of lighting columns. d) Number and size of lighting units per column. e) Light spread diagrams showing lux levels at the site boundary and calculation of the impact of these on nearby properties. The lighting shall only be installed in accordance with the approved scheme and programme.

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 LPA are satisfied in regards to the safety of other vehicles and pedestrians in this locality whilst construction works are being carried out, and to ensure the construction works have an acceptable impact upon the wider area, in accordance with Policy GP7 of the Burnley Local Plan.

4. To protect the amenities of the occupiers of nearby residential properties and users of the adjacent facilities, in accordance with Policy GP7 of the Burnley Local Plan.

5. On the basis that full and final details of the proposed scheme have not been provided, and to ensure that the proposed scheme contributes to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in full, and in order to ensure a net gain for nature. In accordance with the NPPF and Policies GP6, E3, E5, E6, E7, E8, E26 and E27 of the Burnley Local Plan.

6. In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings, and in order to ensure that the landscaping works proposed are carried out in full. In accordance with Policies GP6, E3, E5, E6, E7, E8, E26 and E27 of the Burnley Local Plan.

7. On the basis that full and final details of the proposed scheme have not been provided, and to ensure that the proposed scheme contributes to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in full. In order to provide suitable temporary mitigation for breeding bird habitats. In accordance with Policies GP6, E3, E5, E6, E7, E8, E26 and E27 of the Burnley Local Plan.

8. In order to protect the long term health and wellbeing of existing trees on site In accordance with Policies E5 and E6 of the Burnley Local Plan.

9. In order to satisfy the requirements of the NPPF, the Wildlife and Countryside Act 1981, the Natural Environment and Rural Communities Act 2006, and The Conservation of Habitats and Species Regulations 2010.

10. To ensure proper management of plant species otherwise harmful to the built environment.

11. In order to satisfy the requirements of the NPPF, the Wildlife and Countryside Act 1981, the Natural Environment and Rural Communities Act 2006, and The Conservation of Habitats and Species Regulations 2010.

12. In order to comply with the NPPF, the Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2010 and the Wildlife and Countryside Act 1981, as whilst no great crested newts have been identified on site, significant numbers of common toad (a Biodiversity Species of Principal Importance) were recorded.

13. To ensure that the final materials proposed are satisfactory and appropriate to the locality, in the interests of the wider visual amenity of the area, and to ensure that samples of the materials can be agreed prior to their implementation within the development.

14. In the interests of site safety and on the advice given by The Coal Authority that they concur with the recommendations of the Coal Mining Risk Assessment Report (October 2015, prepared by PSA Design Limited); that probable shallow mine workings potentially pose a risk to both public safety and the stability of the proposed development. Consequently, intrusive site investigation works should be undertaken in order to establish the exact situation regarding them.

15. To ensure that the culverted watercourse does not pose a flood risk, on-site or off-site.

16. To ensure that the proposed development can be adequately drained, to ensure that there is no flood risk on or off the site resulting from the proposed development, and to ensure that water quality is not detrimentally impacted by the development proposal.

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

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

19. To ensure the final scheme is satisfactory, to allow for the effective use of all the parking and drop off areas, and to ensure there is a safe location off Royle Lane for visitors arriving by coach to alight thereby preventing unnecessary impacts upon the free flow of traffic on Royle Lane.

20. To allow for the effective use of the parking areas. For the avoidance of doubt the cycle facilities shall be the individual locker type.

21. To ensure the effective use of all the parking and drop off areas, and to ensure there are no unnecessary impacts upon the free flow of traffic on Royle Lane.

22. In the interest of residential amenity and to prevent air pollution.

23. To ensure that noise nuisance to adjoining properties is controlled in order to protect the residential amenity of the occupiers in accordance with policy GP1 of the Burnley Local Plan, Second Review.

24. To ensure that the visual impact and impact on the amenity of the wider area is acceptable and that the scheme is appropriate in terms of its close proximity to potential bat roosting and foraging areas, and other nearby wildlife habits. Also in the interests of highway safety, and to safeguard the amenity of local residents and adjacent properties/landowners. To conform with Policy GP7 of the Burnley Local Plan, Second Review. The lighting scheme for the proposed hotel will be carefully designed such that it avoids light spillage on the potential bat roost tree at TN6 and the retained hedgerows in the vicinity.

Application Recommended for Approval APP/2016/0347 Lanehead Ward

Full Planning Application Proposed single storey rear extension and extension of existing kitchen area (re- submission of APP/2016/0032) 363 COLNE ROAD BURNLEY

Background:

The property is set back approximately 35 metres from Colne Road, with a large front garden. No changes are proposed to the front elevation although the change to the roof of the garage would be visible set back towards the rear of the house. The existing garage is accessed via the side street and the proposed extension is set at the rear of the dwelling, adjacent to the back street.

Existing front elevation Proposed front elevation

Existing elevation to side street Proposed elevation to side street

Existing rear elevation to back street Proposed rear elevation to back street

An application for an extension and residential conversion of the existing garage at the rear, including a two storey element, was withdrawn in March this year, to allow amendments to be made to the scheme.

The current proposal provides for the garage to be retained for the parking of two vehicles; the erection of a single storey extension to form two bedrooms with en-suite facilities which includes a pitched roof over the existing garage and the bedroom extension; and a small lean-to kitchen to the rear.

Existing garage facing side street Existing rear elevation facing back street

No objections have been received. The application is before Committee because the applicant is related to a Member of the Council.

Burnley Local Plan Second Review GP1 - Development within the Urban Boundary H13 - Extensions and conversion of existing single dwellings TM15 - Car parking standards

Site History:

APP/2016/0032 – Extension to existing garage and conversion to living accommodation to be linked to the main house - withdrawn

Consultation Responses:

1. Lancashire County Council (Highways) – one additional space should be provided to account for the increase in the number of bedrooms. If this is provided no objections are raised to the proposal.

The applicant has agreed to provide one additional space.

Planning and Environmental Considerations:

Policy H13 sets out that proposals to extend and convert existing residential properties will be permitted where:

a. The proposal is in keeping with the existing house and the surrounding buildings with regard to scale, size, design and materials

The proposed bedroom extension is single storey and designed with a pitched roof which also incorporates a pitched roof over the existing garage.

A new kitchen would be provided to the rear, with a lean-to mono-pitched roof and this would replace the existing kitchen to be demolished as part of the bedrrom extension. Materials are proposed to be in brick to match the ground floor elevations of the main house.

The extensions are reasonably in keeping with the existing property and surrounding area in terms of scale, design and materials. They would remain subservient to the main dwelling and would not impact on the main elevations of the property, having regard to their position at the rear of the house.

b. The proposal will not adversely affect:

(i) The residential amenity of neighbouring properties through overlooking, lack of privacy or reduction of outlook or daylight

Amendments have been made to the extension to minimise the impact on the neighbouring property at No. 365 Colne Road. The lean-to kitchen extension would sit on the boundary with No. 365, projecting 3.048 metres from the rear elevation. This would be acceptable and would not adverse impact on the privacy or outlook of the neighbouring dwelling.

Kitchen extension

to be demolished New extension New lean-to kitchen

Existing garages

Existing elevation from no. 365 Proposed elevation from no. 365

(ii) the visual amenity and character of the locality

The development would not be overly prominent in the surrounding area and would not have an adverse impact on the amenity or character of the locality.

c. The proposal provides adequate residential amenity for its occupants

The extension is to provide additional accommodation for the extended family and provides for a high standard of amenity for the occupants.

d. The proposal does not lead to an unacceptable loss of private open space or parking space

In terms of private open space, the proposal does result in the loss of a large part of the rear garden, but a sitting out area of approximately 36 sq. metres has been incorporated into the scheme. The dwelling has a substantial front garden. The private open space remaining after the development would be acceptable.

The Highway Authority has requested at additional parking space to supplement the two spaces in the garage. Amendments have been made to the scheme to incorporate an additional space at the side of the garage. The parking aspects of the scheme are now acceptable. Proposed private open space

Proposed additional parking space

Proposed layout plan

e. The proposal does not threaten highway safety through the obstruction of visibility for pedestrians and road users.

The Highway Authority is satisfied that the proposal raises no significant issues of highway safety.

The proposal is in line with Local Plan policy and is acceptable.

Recommendation:

That planning permission be granted for the development subject to the following 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: Drawing nos. COL 20 BUR 01-03 & 05 received 27 Jul 16. Amended drawing no. COL 20 BUR 04 received 7 Oct 16.

3. The car parking space indicated on drg. no. COL 20 - BUR - 04 received 7 October 2016 shall be provided before the new extension is brought into use. It shall thereafter remain available for the parking of residents and visitors of the dwelling to the satisfaction of the local planning authority.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

3. To ensure that adequate car parking facilities are provided at the property having regard to Policy TM15 and in the interests of highway safety.

Application Recommended for Approval APP/2016/0383 Whittlefield with Ightenhill Ward

Full Planning Application Proposed single storey extension, including the installation of a flue. 25 CLOVER CRESCENT, BURNLEY

Background:

The proposal consists of a single-storey extension to the rear of the dwelling to provide a larger kitchen. A wood burning stove is proposed in the extension which would require a small flue on the roof of the extension.

An objection has been received.

Relevant Policies:

Burnley Local Plan Second Review

GP1 – Development within the Urban Boundary GP3 – Design and Quality H13 - Extensions and conversions of existing single dwellings

Site History:

99/0223 – 1st floor extension - approved

Consultation Responses:

Neighbouring resident – Strongly objects to the proposed extension. For the following reasons;  The development would overshadow my property and gardens and cause a significant loss of light.  The proposed extension also includes provision for a wood burning stove, ventilating through a flue system that is to be sited on the low side of the pitched roof that would be facing my property. This would cause a statutory nuisance in that the fumes would travel directly across my property/garden; such fumes would be a significant nuisance from a pollution, smell, visibility and health perspective. The flue also appears to be in contravention of the building regulations.  The proposed extension, by reason of its size and siting would represent an un- neighbourly form of development, detrimental to my own property by its overbearing effect. The layout and siting is inappropriate and unsympathetic to the appearance and character of the houses in close proximity.

Environmental Health – No objections but suggest a condition in respect of construction hours. Also point out that the property is located in a ‘smoke control area’ (smokeless zone); therefore the wood burning stove that is installed would have to be listed by Defra as an exempted appliance, and only particular types of fuel would be able to be burned.

Planning and Environmental Considerations:

The property is a detached dwelling on a modern housing estate. The property has had a 1st floor extension over the garage which was granted in 1999. The proposed rear single storey extension would provide an extension to the kitchen. The applicant has explained that they wish to make the house more accessible for their son who has Cerebral Palsy.

The main considerations are design/materials and privacy/outlook/daylight and the flue for the wood burning stove.

rear of 25 Clover Crescent

Design/materials The proposed extension would be 6.2m in length and 5.2m in width and set in by 0.3m from the gable elevation of the dwelling. The extension would be 2.3m to eaves height and 3.61m to ridge height. The extension would be at a slight angle to the boundary between the application property and the neighbour’s property (no.27) and would be between 2.2m and 2.6m away from the boundary.

The extension would have a hipped roof to match the existing house and the proposed materials are stone masonry and concrete interlocking roof tiles to match the existing dwelling. Windows are proposed on rear elevation and the side elevation facing into the garden together with roof lights.

The proposed extension is considered to be acceptable in terms of design and materials.

Flue for wood burning stove A small flue is proposed on the roof of the proposed extension which is for a proposed wood burning stove to be located within the kitchen extension. The small flue would not be detrimental in terms of visual amenity given its minimal size.

The property is located within a ‘smoke control area’ (smokeless zone) and it would be an offence to burn wood unless the appliance is listed by Defra as an exempted appliance. The exemption from the Clean Air Act allows the appliance to burn a particular type of fuel that is not classed as ‘smokeless fuel’.

The applicant has stated that they would be using a Defra approved wood burning stove which would be installed and passed by an approved engineer. The objector has stated that the flue would be within 2.3m of their dwelling; the applicant has explained that the flue would be 4.6m to the corner of no. 27 and the flue siting 2.4m from the boundary wall. The flue would have to be positioned in compliance with the building regulation criteria and fitted by a registered engineer; the applicant has confirmed that it will be fitted by an approved installer. Following discussions with a Building Control officer it has been noted that the position of the flue would not be in compliance with the building regulation criteria (it would be below an openable window). The position of the flue is something that would be dealt with by the approved installer/building control officer; however, the position of the flue would have to be agreed with the planning authority and would therefore need to be the subject of a condition unless agreed beforehand.

25 Clover Crescent 27 Clover Crescent Further information The applicant could apply for the extension under the Larger Home Extensions; Neighbour Consultation Scheme as it falls within the criteria for this. For a period of 6 years between 30 May 2013 and 30 May 2019, householders can build larger single- storey rear extensions under permitted development. The size limits under this scheme are double i.e. 8m instead of 4m for detached houses, and 6m instead of 3m for all other houses. Under this process the applicant must notify the local planning authority who then notifies the neighbours; if an objection is received then the local authority takes it into account when making a decision (the application would not need to be reported to Committee under this scheme).

The erection of the flue does however require planning permission. The proposed flue is of minimal size, however, the position of the flue would have to be in accordance with building regulation requirements (which it is not, as shown on the submitted plans) and would therefore need to be the subject of a condition.

Privacy/outlook/daylight The single storey extension is at a slight angle to the boundary fence adjacent to no 27 and is between 2.2m and 2.6m away from the fence. The extension would be at a height of 2.3m at eaves level and 3.61m at ridge height. There is a high fence between the properties (see photo). No windows are proposed on the elevation facing towards 27 Clover Crescent; there are windows proposed on the other two elevations and also roof lights. Privacy is not therefore an issue.

The neighbour (27 Clover Crescent) states that the extension would form an unneighbourly form of development and affect light at his property. The extension is set away from the boundary and 2.3m in height at eaves level. There is a high fence between the properties (a 2m high boundary fence is allowed as permitted development) and it is considered that the extension would not have any significant effect on daylight or outlook as it is not much higher than the fence and set away from the boundary by over 2m.

Recommendation:

Grant subject to the following conditions:

Conditions:

1. The development must be begun within three years of the date of this decision.

2. Notwithstanding the indicated position of the flue, the development hereby permitted shall be carried out in accordance with the following approved plans: Location plan, existing and proposed site plans and 4 detailed drawings received 22 Aug 16

3. Before the development begins a plan showing a revised position for the flue shall be submitted to and 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 to avoid ambiguity.

3. The position of the flue must be in accordance with building regulation requirements.

Application Recommended for Approval 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 application initially proposed that the single storey extension would project 7.2m from the house rear wall.

Following negotiations this has now been amended to project 5.5m.

The amended proposed extension remains longer than would normally be recommended for approval.

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. The proposal does not meet the 45 degree rule and would result in significant loss of light to the main family living room; the existing extension already affects light and the proposed extension is longer. 2. Loss of privacy due to the side facing external door. This is close to the living room window and beneath a child’s bedroom so likely to increase noise levels. 3. The materials (rendered blockwork walls and concrete tiled roof) do not fit with the natural stone/slate of the existing house and surroundings.

Padiham Town Council – No objection but seek assurance that proposed materials are in keeping with the local environment.

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. An existing single storey extension would be removed.

No.15 Dryden Street Existing extension (to be removed)

No.11 Dryden Street

The existing arrangements are shown on one of the application drawings copied below:

Existing Width of application property

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 application drawings are copied below to assist description.

Initial Proposal (now superseded)

The design showed an extension projecting 7.2m from the rear wall of the house. It would have been 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. The side walls of the extension were to 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.

Initially proposed

------

Present proposal

The extension would project 5.5m from the rear wall of the house. It would be 2.4m high to the eaves and 3.3m high to the ridge of the pitched roof. It would be 1.2m from the side boundary with No.15 and 0.5m from the side boundary with No.11.

Externally, it would have a rendered finish to the walls, with a roof in plain grey concrete tiles.

Present proposal

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 have a 2.4m high side wall, 1.2m from the side boundary. It would extend 5.5m. It which would have to be reduced by around 1.7m to meet the 45 degree rule.

In relation to No.11, the extension would be of the same dimensions, 0.5m from the side boundary. It would need to be reduced around 1.2m to meet the 45 degree rule.

The extension would, therefore, have a degree of adverse impact on the outlook from both neighbouring houses. This would be mitigated in relation to No.15 by the favourable orientation of the buildings so that little, if any, sunlight would be lost.

Any perceived impact on daylight would be minimal. Privacy arising from the side door could be secured by erection of screen fencing. The position of the door would be unlikely to result in additional noise when compared with any other rear door..

The applicant and designer of the scheme have achieved significant improvements in the amended details. There would be adverse, but far from intolerable, impact on the outlook of both neighbouring residents. But then, taking account of the circumstances of the applicant, this report takes the view that approval can be recommended..

Recommendation:

That planning permission be Granted subject to the following conditions:

Condition

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: Location plan,, received 1 Aug 16; existing & proposed site plans and drawing no. D.S13/1 A (Rev A – Layout altered Sep 16) received 26 Sep 16.

3. The external materials shall match the colour of the corresponding materials of the existing house.

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 visual amenity in accordance with Policy H13 of the Burnley Local plan, Second Review, currently saved.

AR 10.10.2016

Application Recommended for Approval APP/2016/0357 Lanehead Ward

Full Planning Application Small scale gas fired energy reserve facility and ancillary infrastructure LAND OFF BANCROFT ROAD BURNLEY

Background: The proposal is to erect a building to house a gas fired reserve power station with capacity for up to 20MW to be operated as a flexible ‘peaking plant’ to supply electricity during peaks of demand. The proposed site for the power plant is on approximately 0.23 ha of undeveloped vacant land on the south side of Bancroft Road. The site is rectangular in shape between Kavia Tooling and Lomax Offshore Couplings Ltd and bounding an area of woodland which is part of the River Don/Brun Valley Biological Heritage Site (BHS). Rectella International Ltd is located on the opposite side of Bancroft Road to the north east side of the site.

BHS to left hand side and Kavia Tooling Trees screening Rectella on opposite side of In background Bancroft Road

Proposed site plan

The proposal involves forming a new vehicular access to the site at its southerly end of the site’s frontage to Bancroft Road and erecting a rectangular shaped building measuring approximately 44mm long x 20m wide, constructed in dark grey metal cladding and a shallow pitched roof to a ridge height of approximately 9.7m high with goosewing grey metal cladding. This building would house the engine for the power plant; a row of ten exhaust stacks up to 15m high (from ground level) would protrude from the roofslope of the building that slopes down towards the BHS. Various smaller meter room, transformer unit, oil tank and radiator housing would be sited around the building.

Elevation of proposed building without landscaping

Elevation of proposed building with existing and proposed planting (view from Bancroft Road)

The purpose of the power plant is not to supply power as a base load operation but to provide back-up generation, limited to 1500 hours running time per year. The applicant states that this type of reserve facility is required in connection with meeting the government’s targets for reducing carbon emissions by 80% below 1990 levels by 2050 which in turn has led to an increasing reliance on renewable energy sources which can be unpredictable due to climatic conditions. The proposed power plant would use gas engine technology in a clean-burning and efficient manner to provide a reserve facility of up to 20MW to support the provision of local power demand during peak periods. Typically, the station would be switched off and would only be powered up upon the instruction of the National Grid. This would arise as a result of system instability or peaks in demand. The facility would be able to reach full load in less than five minutes. Power support from this facility would be between one and seven hours per day between 8am and 8pm on weekdays. Outside these hours, operation may occur during a major power shortage or system stress event but night time operation would be unlikely.

Relevant Policies:

Burnley Local Plan Second Review GP1 – Development within the urban boundary GP3 – Design and quality GP7 – New development and the control of pollution EW5 – Development and improvement of major industrial estates E2 – Nature Conservation – County Biological and Geological Heritage Sites and Local Nature Reserves E3 – Wildlife links and corridors E5 – Species protection E6 – Trees, hedgerows and woodlands

The National Planning Policy Framework

Site History: APP/2003/0486 - Refurbishment of existing factory buildings including division into smaller units; erection of new industrial units; creche; cafe;technology centre and associated site works. Approved October 2003.

APP/2003/0807 - Proposed two-storey building to form Technology Centre with associated car parking areas. Approved October 2003.

Consultation Responses: LCC Highways:- No objections. A condition is recommended to require a Construction Method Statement to deal with traffic and safety during the construction phase.

Coal Authority:- Material consideration; the site is located within a Development High Risk Area where there are coal mining features and hazards which need to be considered. In this case, the site is in an area of likely historic unrecorded underground coal mine workings at shallow depth. A condition is recommended to require intrusive site investigations and remedial works before any development is commenced.

Greenspaces and Amenities (Tree Officer):- No objection. The arboricultural impact assessment and tree protection measures submitted by the applicant should provide adequate protection for trees surrounding the site. Some of the Alder trees (part of the woodland in the ownership of Lancashire County Council) bordering the proposed development naturally lean towards the site; as part of the overall woodland management plan for this area, some of the leaning trees could be part of a thinning programme.

Ecology:- No objection. The site is located next to the River Don/Brun Valley Biological Heritage Site (BHS) and is less than 500m from the Michelin Factory and Smallshaw Industrial Estate Grounds BHS. The woodland within these BHS’s is also listed as Ancient Woodland. The development appears to be outside the actual BHS boundary and as long as tree protection measures are undertaken, there should be no impact on this protected local wildlife site. Great crested newts have been recorded in this area of Burnley; the nearest recorded breeding population is approximately 360m from the site. Impacts to great crested newts are most likely within 250m of a breeding pond and the application site is unlikely support sheltering great crested newts. A condition is recommended to require precautionary methods to be used during construction work. It is also recommended that measures to avoid any impacts on nesting birds should be undertaken between March and August inclusive. The type of lighting that is indicated to be used (Passive infrared sensor activated LED lighting technology is suitable and a condition is recommended to require lighting to avoid light spill onto the surrounding scrub, woodland vegetation and BHS which could otherwise impact on birds and bats. Finally, it is recommended that new planting is sympathetic to the BHS, using native species.

Lancashire Wildlife Trust:-No objection but note that the site is adjacent to the River Don –Brun Valley Biological Heritage Site (BHS). It is not clear whether the proposal will meet the NPPF requirement to deliver net gains in nature which should be provided as well as environmental protection measures to prevent harm to the BHS during construction.

Environmental Protection:- No objections. In respect of air quality, following further submitted information and increase in stack height of exhaust stacks from 13m to 15m, the amendments significantly reduce any exposure of emissions to nearby receptors and are acceptable. No objections in respect of noise, taking into account the estimated sound pressure levels from the plant and the levels which are likely to be audible at nearby residential properties. Given that that there is a lack of specific details in respect of equipment and mitigation methods, a condition is recommended to require full details of equipment and mitigation measures.

Publicity:- An objection has been made on behalf of three neighbouring businesses (Kavia Tooling Ltd, Lomax Offshore Couplings Ltd and Rectella International Ltd). A separate letter of objection has also been received from Rectella International Ltd.

A summary of their points of objection is listed below:-  The site is a prime employment site within the newly created Burnley Aerospace Supplier Park (BASP)  The Local Development Order for this area states that the site will support growth and capacity in the aerospace supply chain, enabling small and medium sized enterprises (SME’s) to gain efficiencies from modern premises and benefit from collaborative services.  The site is on a gateway location on Innovation Drive within the BASP.  There is a latent demand in the area for quality industrial space and indications that Innovation Drive is almost full.  The BASP is identified in the Lancashire Strategic Economic Plan as being a nationally significant employment site with sector specialisms  The benefits of the other economic initiatives across the Lancashire and the M65 Growth Corridor, Growth Deal for this area  The proposal will not generate any jobs for the Burnley area  Site is unsuitable for a non-employment use and should be located on an industrial location of less impact such as Heasandford Industrial Estate  Would prevent further employment development of this type that has been attracted to the adjacent sites and would lose the advantage that synergies bring.  Businesses have located here to improve supply chain links and operate from modern premises.  The development is not in keeping with the growth strategy for the area.  Emissions from gas are an issue.  The same gas main supplies Rectella and any interruption in their supply could have financial consequences for the business.  The stacks are only 13m high. The short-term Nitrogen Dioxide (NO2) impacts would be significant.  No assessment has been carried out of the emissions in the immediate vicinity of the site that would affect nearby employees.  Stack heights for other similar facilities have been taller (at 25m). The low height of the stacks would lead to impacts on air quality at ground level in the immediate vicinity of the site.  The use of up to ten gas fired engines will significantly increase noise levels in the surrounding area.  No assessment has been made of noise form the operating engines on the surrounding workforce.  Noise pollution can have a detrimental effect on the health and well-being of people in the immediate area.  The gas fired engines will result in low frequency vibration being transmitted into the ground.  Any level of vibration would have a detrimental effect on the precision tooling and sensitive equipment at adjacent premises (Kavia).  Noise and air pollution and security floodlighting would have a detrimental impact on bats, birds and badgers in the adjoining River Don-Brun Valley BHS.

Planning and Environmental Considerations:

Principle of proposal The site is located within the main urban boundary where priority will be given for re- using existing buildings and previously developed land and infrastructure. Policy EW5 of the Local Plan relates to Heasandford Industrial Estate and permits the expansion and improvement of existing employment uses where proposals are accessible by public transport, incorporate mechanisms to improve environmental performance, provide appropriate training and recruitment and enhance the built and natural features of the area. The site is also within the Innovation Drive Aerospace Supplier Park where a Local Development Order (LDO) was adopted in August 2014 in order to promote and encourage the development of innovative and advanced engineering and manufacturing related to the aerospace and automotive industries. The LDO thus allows certain developments to be carried out without the need for planning permission. This proposal does not fall within the permitted categories and limitations of the LDO and therefore requires planning permission.

In determining whether the proposal would, in principle, be suitable on this employment site, the following considerations have been made:- (1) The extent to which the proposal would comply with Policy EW5 and the Local Plan; (2) The extent to which it would complement other employment uses (3) The extent to which it would comply with national planning policy on energy (4) The benefits of the proposal.

Firstly, in respect of Policy EW5 and employment generation, the proposal would only lead to two part-time jobs which is insignificant in employment terns and would not therefore lead to the direct benefits of local employment . Other policy objectives relating to the physical, visual and ecological enhancements of the site will be considered separately in detail. Given however that the proposal relates to a unique use which involves generating stand-by power to assist with shortages and fluctuations in local supply, the proposal has a wider purpose that would potentially increase the certainty of power supply to the local area, including local employment uses. In this way, the proposal would not be in conflict with the objectives of Policy EW5 or the Local Plan.

Secondly, it would involve clean and high technologies in power supply to provide a small generating plant that would be able to supply up to 20 MW of electricity within just five minutes. It would assist in securing power to local businesses during peak or stresses times. It would be designed within a relatively compact building of dark grey metal clad construction with the appearance of a modern industrial building with retained and new landscaping that would integrate into the overall industrial scene.

Thirdly, the Government has indicated through a Ministerial Statement (November 2015) that a new approach is required to secure energy supply in the future. Its decision to phase out coal fired power stations to work towards the requirements for reductions in carbon emissions (Climate Change Act 2008) has increased reliance on renewable energy sources that are less predictable and require additional supply at peak periods. Electricity cannot be stored and as such, flexibility in the system is required to avoid power shortages. The Secretary of State for Energy and Climate Change announced on 1st March 2016 that there would be changes to the Capacity Market to improve energy security for families and businesses. This would allow capacity to be bought and used to secure supply in the local area, with a clear emphasis on gas. This proposal would therefore support these measures brought in by the Government.

Fourthly, as well as the benefits of securing energy supplies to the local area, the proposal would re-use previously developed land that has remained vacant since the re-development of the former Michelin site. Objections have been received from nearby employers who are keen to see the site developed for an innovative or high technology employment use that would enhance the synergy with other industries at the Aerospace Supplier Park. Whilst these industries would be encouraged to this site, this would not preclude a bespoke and individual use which would represent a complementary use supported in principle by Government policy.

The proposal would therefore, in principle, represent an acceptable use of the site and comply with Policy EW5 and Government policy. Further detailed considerations are necessary in respect of the impacts of the proposal on local amenity and ecology.

Impacts on local amenity The main issues relate to air quality and noise, although neighbour objections also relate to potential vibration.

The National Planning Policy Framework (the Framework) states that the cumulative impacts on air quality should be consistent with local air quality action plans. An air quality assessment has been carried out by the applicant which includes detailed air dispersion modelling. The assessment follows Defra’s technical guidance that stipulates the places where air quality objectives apply. Whilst the applicant complied with the air quality objectives, the Council’s Environmental Health Officer (EHO), requested further improvements, having regard to a nearby secondary school, employees within the industrial estate and residential neighbours further afield. In response to this request, the applicant has increased the stack height of the exhaust stacks from 13m to 15m and commits to the use of ten 2MW engines with a maximum emission concentration of half that used in the original assessment. Nitrogen dioxide emissions are shown to have a negligible impact on surrounding receptors, including schools and neighbours at Netherwood Road. Predicted concentrations would be below relevant air quality standards. The Council’s EHO accepts these findings and the benefits from an increased stack height and use of engines with lower emission levels. A condition is recommended to ensure that these improvements are secured.

In respect of noise, the applicant has undergone a noise assessment to ascertain the impact of the proposal when running on background noise levels. The Framework states that planning decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of development. The nearest residential neighbours are in excess of 200m from the site. The proposed facility is most likely to operate between 8am and 8pm (limited to seven hours per day) and is not intended to operate overnight except in emergencies. The noise assessment assesses however the worst case scenario and so includes an impact of neighbours at night. At all measured locations, the predicted noise levels would not have an adverse or significant adverse impact during daytime, evening or night-time. In respect of the latter, the results indicate that there could be a low impact. Mitigation measures are proposed in the report, including silencers on air intakes and exhausts, lagging of the exhaust ductwork, individual enclosures around engines, acoustic cladding and quieter fans. The Council’s EHO accepts the findings of the noise assessment. Given that there remains some uncertainty on the specifications of some of the equipment to be used, it is recommended that a condition is used to require an additional assessment and mitigation plan before work is commenced. With these measures, the proposal would not significantly affect noise levels in the local area.

Objections that have been received also refer to harm from vibration. The engines would be fitted with anti-vibration mounts and the applicant affirms that ground borne vibration would not be perceptible. This is not therefore an issue for planning consideration.

In terms of air quality and noise, the proposal would not give rise to significant or unacceptable impacts and would comply with the Framework.

Impact on ecology Policies E2, E3 and E5 seek to protected locally important wildlife sites, corridors and protected species. The site bounds the River Don-Brun Valley Biological Heritage Site, bounding woodland trees. The application site is under stoney ground with a short growth of grass/wildflower mixes and is unlikely to provide foraging or habitat for the bats, birds and wildlife that occupy the BHS. The consultant ecologist also affirms that the proposal is unlikely to impact on great crested newts given that the site is 360m from the nearest breeding pond. Precautionary measures should however be made to avoid any potential harm to newts and other wildlife. In addition, the Framework requires that proposals lead to an enhancement of biodiversity. As such, conditions are recommended to ensure adequate protection measures for wildlife and to require a scheme of measure to enhance wildlife on the site.

Impact on woodland Policy E6 seeks to protect and manage woodlands and trees. The proposed building would be constructed within 3m of the site’s boundary where branches of alder and other mature woodland trees overhang the site. The Council’s Tree Officer has advised that there may be some thinning of the trees required but has no objections to the proposal. In order to ensure only suitable thinning out is carried out and to ensure adequate protection, a condition is recommended to require a scheme of tree protection measures. With this provision, the proposal would not significantly affect the surrounding woodland trees.

Summary The proposed development is an individual type use that responds to the Government’s new approach to decentralised power supply. The support for this type of facility is therefore firmly set in current national policy. It is acknowledged that the proposal is not an employment generator but it would be appropriate to locate this type of facility on an industrial estate and it would, in turn, generate benefits to local industries by securing a supply of energy at peak or stressed times. The power plant would be housed in a modern building which together with retained and new landscaping would not appear at odds with its surroundings. The impacts of the proposal in terms of ecology and its likely emissions and noise can be appropriately mitigated. The proposal therefore complies with the development plan policies and the National Planning Policy Framework.

Recommendation: Approve with conditions

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: 9655-0003-01 (1:1250 location plan) and 9655-0001- 03, received on 5 August 2016; and, 9655-0002-04, received on 28 September 2016.

3. Notwithstanding any indication on the approved plans, detailed specifications, including colour finishes, of the external walls and roof of the building, exhaust stacks and ancillary structures shall be submitted to and approved in writing by the Local Planning Authority before any development is commenced. The development shall thereafter only be carried out in accordance with the approved details.

4. 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.

5. Prior to the commencement of development, details of a scheme of intrusive site investigations relating to potential unrecorded previous mining activity and features affecting the site and details of any findings, remedial works or mitigation measures that are necessary to accommodate the development, shall be submitted to and approved in writing by the Local Planning Authority. The approved remedial works and mitigation measures shall thereafter be carried out in accordance with the approved details and shall be completed prior to the approved development is first brought into use.

6. No development shall be commenced unless and until a scheme for the means of protecting trees and hedges (including measures for pruning and thinning out where appropriate), which are to be retained within and immediately adjacent to the site in accordance with BS 5837 (2012), including the protection of root structures from injury or damage prior to and 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 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 site clearance work, and thereafter retained during building operations until the completion of the development.

7. Prior to the commencement of development, 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 and details of new native species planting within this area shall be submitted to and approved in writing by the Local Planning Authority.

8. 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 5 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.

9. Prior to any development being commenced, details of a scheme of external lighting shall be submitted to and first approved in writing by the Local Planning Authority. The submitted scheme shall demonstrate the avoidance of artificial lighting on wildlife, hedgerows and trees within the adjoining River Don-Brun Valley Biological Heritage Site. The development shall thereafter only be carried out in accordance with the approved scheme and no additional external lighting shall at any time be installed without the prior written permission of the Local Planning Authority.

10. Prior to any site clearance or commencement of development, a scheme of precautionary measures to protect bats, birds, badgers, great crested newts and wildlife that may be affected by the development during the course of construction works, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be implemented and adhered to at all times until the completion of the development.

11. Prior to the commencement of development, a further noise assessment to take into account the detailed specifications of the equipment to be used at the plant, together with appropriate mitigation measures 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 be carried out and completed prior to the development being first brought into use and shall be retained thereafter in perpetuity.

12. The development shall be constructed and maintained thereafter in accordance with the amended height of exhaust stacks (15m) and the details of maximum emissions contained within the letter headed 'Response to Air Quality Questions' from RPS Planning and Development Ltd, dated 29 September 2016.

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, in accordance with Policy GP3 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 ensure that the safety and amenities of other businesses and employees in the vicinity of the construction works are satisfactorily protected, in accordance with Policy GP1 of the Burnley Local Plan, Second Review (2006).

5. To ensure adequate investigations and precautions are carried out to take account of the ground conditions from past mining operations on the site, in accordance with the National Planning Policy Framework.

6. To ensure adequate protection for the long term health of woodland trees/hedges which should be retained in the interests of the visual amenities and biodiversity of the site and its surroundings, in accordance with Policies E2, E3 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.

7. In the interests of the visual amenities of the site and to ensure the use of species that will enhance the biodiversity of the site, in accordance with Policies GP3 and E2 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.

8. 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 EW5 of the Burnley Local Plan, Second Review (2006).

9. To safeguard birds, bats and other wildlife that would be adversely affected by excessive lighting, in accordance with Policies E2, E3 and E5 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that the measures identified in the scheme can be properly carried out at the appropriate stage of construction.

10. To provide adequate protection measures for wildlife that is known to be present within the adjoining River Don-Brun Valley Biological Heritage Site or close to the site, in accordance with Policies E2, E3 and E5 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that the measures identified in the scheme can be properly carried out at the appropriate stage of construction.

11. To safeguard the residential and local amenities of the area, in accordance with Policy GP1 of the Burnley Local Plan, Second Review (2006). The details are required prior to the commencement of development to ensure that the measures identified in the scheme can be properly carried out at the appropriate stage of construction.

12. To adequately control emissions and to safeguard against pollution in the local area, in accordance with the National Planning Policy Framework.

JFL 10/10/2016

BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE

REPORTS ON PLANNING APPLICATIONS

Photograph McCoy Wynne

Part II: Decisions taken under the scheme of delegation. For Information

19th October 2016

Housing and Development

Delegated Decisions from 12/09/16 to 02/10/16

APPLICATION_NO LOCATION PROPOSAL

Express Consent to Display an Advertisement

Advert Consent Granted

APP/2016/0346 TESCO SUPERSTORES LTD Retrospective application for existing parking FINSLEY GATE BURNLEY BB11 signage 2HE

APP/2016/0375 ENTERPRISE RENT-A-CAR Display of non illuminated car park signage PARKER STREET BURNLEY BB11 1AU

Full Planning Permission Granted

APP/2016/0358 1 MCDONALDS RESTAURANT Display of post mounted banner unit BURNHAM GATE BURNLEY BB11 4SL

Compliance with conditions

Conditions discharged

APP/2016/0361 LAND OFF PARLIAMENT Application for approval of details reserved by STREET/CROWTHER condition 8 of planning permission STREET/CLARENCE APP/2013/0303

APP/2016/0362 1-2 MAGNESIUM WAY HAPTON Application for approval of details reserved by BB12 7BF condition 9 of planning permission APP/2016/0199

Full Planning Application

Full Planning Permission Granted

APP/2016/0309 94 WESTWOOD ROAD Proposed double storey side extension BURNLEY BB12 0HR

APP/2016/0312 77 RED LEES ROAD CLIVIGER Proposed two storey extension BB10 4HZ

APP/2016/0315 25 BRAMLEY AVENUE BURNLEY Proposed single storey side extension BB12 0HU

APP/2016/0324 FINSLEY GATE MILL FINSLEY Minor material amendment to planning GATE BURNLEY BB11 2JA application APP/2013/0500 for partial demolition of mill

APP/2016/0330 89 WILLIAMS ROAD BURNLEY Proposed kitchen and shower room extension BB10 3BZ

Date Printed: 10/10/2016 2 Delegated Decisions from 12/09/16 to 02/10/16

APPLICATION_NO LOCATION PROPOSAL

APP/2016/0332 17 SOUTH DRIVE PADIHAM BB12 Proposed single storey extension to rear 8SH

APP/2016/0333 103 LYDGATE BURNLEY BB10 Proposed addition of chimney stack to gable 2DU elevation

APP/2016/0336 20 LOWESWATER CRESCENT Proposed 1st floor extension to side and single BURNLEY BB12 8TW storey extension to rear

APP/2016/0337 278 MANCHESTER ROAD BB11 Propopsed demolition of existing detached 5NJ garage and garden shed. Erection of double garage/bike store and guest room over an existing driveway APP/2016/0340 UNIT 3 MALTINGS MILL Proposed change of use from mill to A3 SANDYGATE BURNLEY BB11 1TE restaurant and cafe

APP/2016/0344 TESCO SUPERSTORES LTD Retrospective application for existing ANPR FINSLEY GATE BURNLEY BB11 camera 2HE

APP/2016/0345 KEIRBY HOTEL ( BASEMENT) Appication for variation of condition 1and 2 of KEIRBY WALK BURNLEY BB11 planning permission APP/2012/0122 to 2DE increase the number of private vehicles operating from the premises from 7 vehicles to 10 vehicles. APP/2016/0348 32-36 COAL CLOUGH LANE Proposed conversion to 8no. flats BURNLEY

APP/2016/0355 18 REDVERS STREET BURNLEY Proposed single storey extension to existing BB10 1RT kitchen

APP/2016/0368 27 CHILTERN AVENUE BURNLEY Proposed two storey extension to side of the BB10 4NE dwelling

APP/2016/0373 ENTERPRISE RENT-A-CAR Temporary car park following demolition of PARKER STREET BURNLEY BB11 existing building 1AU

APP/2016/0378 302 KETTLEDRUM INN RED Proposed repositioned vehicular access and LEES ROAD CLIVIGER BB10 4RG external seating/canopies following demolition of garages and store building

Full Planning Permission Refused

APP/2016/0321 MUSTY HAULGH FARM COTTAGE Proposed two storey side extension and GRANVILLE STREET detached double garage with new access road BB10 2RA

APP/2016/0356 137 ST JAMESS STREET Proposed change of use from financial & BURNLEY BB11 1PD professional services (A2) to private hire booking office (sui generis)

Date Printed: 10/10/2016 3 Delegated Decisions from 12/09/16 to 02/10/16

APPLICATION_NO LOCATION PROPOSAL

Withdrawn

APP/2016/0316 23 FIFTH AVENUE BURNLEY Proposed side extension over existing garage. BB10 1YA Resubmission of APP/2016/0196

Full Planning application

Full Planning Permission Granted

APP/2016/0325 LAND BOUNDED BY RECTORY Minor material amendment: Application for ROAD, HOLME ROAD & variation of condition 1 (substitution of drawings GROSVENOR STREET BURNLEY showing amended site layout and elevations of Blocks C, D and E) of approval of reserved matters APP/2014/0397 pursuant to outline planning permission APP/2016/0346.

Outline Planning Permission Granted

APP/2016/0327 FINSLEY GATE MILL FINSLEY Minor material amendment to outline planning GATE BURNLEY BB11 2JA application (pursuant to APP/2010/0594) with all matters reserved except for the main point of access for - part demolition/part redevelopment of the Finsley Gate Mill complex

Work to trees covered by Tree Preservation Order

Work to TPO trees granted

APP/2016/0329 2 CAPTAINS COTTAGE OFF Application to remove the lowest two branches GREEN TERRACE overhanging the house from one Sycamore WORSTHORNE-WITH-HURSTWO tree covered by the Burnley ( Stocks Nook Worsthorne )TPO 2002 APP/2016/0371 REAR 6-20 LOW BANK BURNLEY Application to crown lift trees covered by the Burnley (Land at Lowerhouse between Bear Street, Knotts Lane and East of the railway) TPO 1975 and T2 covered by the Burnley( Green Brook, Lowerhouse) Tree Preservation Order 1993.

Work to TPO trees refused

APP/2016/0318 2 NETHERBY STREET BURNLEY Application to fell 2 trees ( within G11) covered BB11 4NR The Burnley ( Coal Clough House, Coal Clough Lane No.2) TPO 2000.

Date Printed: 10/10/2016 4