Application Recommended for Approval APP/2009/0683 Briercliffe Ward Full Planning Application Proposed single storey extension to side of nursery BRIERCLIFFE NURSERY BRIERCLIFFE ROAD BURNLEY Background: The proposal is for an extension to the existing Day Nursery to provide additional facilities. The site is located within the Harle Syke Conservation Area. Position of proposed extension View from Briercliffe Road The extension would be attached to the existing building by a glazed link. It would sit at right angles to Briercliffe Road and parallel to Moorview Close. The application has been amended to omit the proposed 3 new car parking spaces within the curtilage, following objections from the highway authority. The boundary fencing would remain as it is now, with no off street parking provided. Objections have been received. Summary of Reason for Recommendation: The development is generally in accordance with the Development Plan, in particular the policies listed below, and there are no other material considerations to indicate that planning permission should not be granted: Relevant Policies: Burnley Local Plan Second Review GP1 – Development within the Urban Boundary GP3 – Design and Quality EW4 – Expansion and Improvement of Existing Business E12 – Development in or adjacent to Conservation Areas CF14 - Provision, Retention and Enhancement of Community Facilities TM15 – Car Parking Standards Site History: APP/2003/0090 - Portacabin to provide new baby unit – refused APP/2003/0269 - Proposed Conservatory – granted APP/2007/1095 – New ramp and railings – granted APP/2008/0204 – Two detached dwellings – refused (appeal dismissed) Consultation Responses: 1. Lancashire County Council (Highways) – Expressed concern about the original proposal to provide three parking spaces within the nursery grounds, with access off Moorview Close. They were concerned about the loss of part of the existing parking bay which would potentially lead to displaced parking on the main road. There are no objections to the amended application which omits the off-street parking area and leaves the existing parking bay intact. It is likely that the nursery would mainly serve the local area and there is no evidence to show that the proposal will significantly increase traffic movements around Briercliffe Road and Moorview Close. Public Transport links are excellent to the site, with bus stops directly opposite on both sides of the carriageway. 2. Environmental Health – • recommend that any ground contamination discovered at the site during excavation and construction is required to be notified within 14 days of discovery. The discovered contamination should be remediated before any use of the extension commences – this can be dealt with by planning condition. • Construction site working hours and delivery vehicles shall be restricted to protect the amenities of nearby residents – this can be dealt with by planning condition. 3. Briercliffe Parish Council – do not object in principle to the extension, but are concerned about the potential increase in traffic movement associated with the nursery especially on Briercliffe Road. 4. A petition signed by 34 people (19 nearby properties) has been received objecting on the following grounds: • any increase in vehicular traffic would be detrimental to highway safety. • The footpath is narrow at this point and pedestrians have to step into the highway • The extension would harm the appearance of the area. • The extension would restrict light to adjacent properties and harm the outlook enjoyed by the residents • Parking is already a problem and if the parking bay was lost or reduced it would be worse. ( the plans have been amended to exclude the proposal to reduce the parking bay) Planning and Environmental Considerations: Policy CF14 sets out the criteria for the enhancement of community facilities including that they should, if possible, be located in a centre in an accessible location; mitigate detrimental impacts on road and highway safety; and not have an adverse impact on residential amenity. Policy E12 expects development in Conservation Areas to preserve and enhance the character of the area. The main issues in this case relate to the impact of the proposal on highway safety; residential amenity; the design of the building and its impact on the street scene and the character of the Conservation Area. Highway Safety The extension will provide a new multi-use playroom for the children, allowing facilities for up to a maximum of 15 additional children and employing a maximum of 3 new staff. However, several of these children would be part time. The applicant confirms that there are 73 children on the roll but approximately 54 there at any one time. Of the potential 15 additional children to be accommodated in the extension only 8 are likely to be there at any one time. This represents a 15% increase. The Highway Authority is satisfied that, at this level, the increase in vehicular movements will not be so significant to have an adverse impact on highway or pedestrian safety over and above the existing position. The picking up and dropping off of children will be staggered to some extent and several of the children and staff are likely to come from the local area. The site is well served by public transport. Residential Amenity The nursery is located close to houses on Briercliffe Road and Moorview Close. Activity from the operation of the nursery itself will not be very different from the present situation and will not affect residential amenity. The building is single storey and will not significantly affect outlook from the facing houses on Briercliffe Road. There are windows which are approximately 13 metres from facing habitable room windows on Briercliffe Road. The direct view from these windows would be partially screened by the boundary fence, but it would be appropriate to provide for obscure glazing to prevent any loss of privacy for the houses and this can be dealt with by condition. Design and impact on the character of the Conservation Area. The original building, a former chapel in use as a day nursery for many years, is well maintained but of poor quality materials (corrugated sheeting to walls and roof and tiles to front elevation). The extension built in 2003 is in artificial stone with a tiled hipped roof, an improvement on the existing building but not wholly sympathetic in detailing with the character of the Conservation Area. The design of the new extension has been amended and now seeks to emulate the form and detailing of the original building to bring some coherence to the group of buildings. It would have a gabled pitched roof, with windows reflecting the style of the original building. Elevation to Briercliffe Road Elevation to Moorview Close The design is now acceptable and would be in keeping with the building. The extension would not have an adverse impact on the character and appearance of the Conservation Area. The extension would improve facilities for a valuable local facility, providing additional employment without adversely impacting on highway safety and residential amenity. Recommendation: The planning permission be granted subject to the following conditions: 1. The development must be begun within three years of the date of this decision. 2. Notwithstanding any description of materials in the application, no development shall start until a scheme showing precise details of all materials, including facing and roofing materials, have been submitted to and approved in writing by the Local Planning Authority. The materials used in the development shall be in accordance with the approved scheme, to the satisfaction of the local planning authority. 3. Opaque glass shall be used in the windows of the elevation facing Briercliffe Road. Opaque glass shall be retained in these windows at all times, unless otherwise approved in writing with the Local Planning Authority. 4. Unless otherwise agreed in writing by the Local Planning Authority, development must not start until conditions a) to d) have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition d) has been complied with in relation to that contamination. a) Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. Details of the contents of the scheme should be submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report should be submitted to and approved in writing by the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). The investigation and risk assessment must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. b) Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared and submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.