DEVELOPMENT CONTROL COMMITTEE BURNLEY TOWN HALL 22/09/2016 at 6.30 p.m. Members of the public may ask a question, make a statement, or present a petition relating to any matter within the remit of the Committee. Notice in writing of the subject matter must be given to the Head of the Chief Executive’s Office by 5.00pm three days before the meeting. Forms can be obtained for this purpose from the reception desk at Burnley Town Hall, Manchester Road or the Contact Centre, Parker Lane, Burnley or from the web at www.burnley.co.uk/meetings. A G E N D A 1. Apologies To receive any apologies for absence. 2. Minutes To approve as a correct record the Minutes of the last meeting held on 25th August 2016 available at www.burnley.gov.uk. 3. Additional Items of Business To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency. 4. Declaration of Interest To receive any declarations of interest from Members relating to any item on the agenda in accordance with the provision of the Code of Conduct and/or indicate if S106 of the Local Government Finance Act 1992 applies to them. 5. Exclusion of the Public To determine during which items, if any, the public are to be excluded from the meeting. PUBLIC ITEMS 6. List of Deposited Plans and Applications To consider reports on planning applications for development permission: (i) APP/2016/0342 - Variation of hours of operation at Prairie Sports Village, Windermere Avenue, Burnley (ii) APP/2016/0289 - Construction of four storey apartment building and car parking and landscaping at Clock Tower Mill, Sandygate, Burnley (iii) APP/2016/0228 & 0229 – Demolition of buildings on Mitre Street and demolition of The Mitre public house, Mitre Street, Burnley (iv) APP/2016/0359 – proposed extension and alterations at 13 Dryden Street, Padiham 7. Decisions taken under the Scheme of Delegation To receive, for information, a list of delegated decisions from 15 August to 11 September 2016. MEMBERSHIP OF COMMITTEE Charlie Briggs Lubna Khan Frank Cant (Vice Chair) Liz Monk Trish Ellis Neil Mottershead Sue Graham Mark Payne John Harbour Tom Porter Tony Harrison David Roper Marcus Johnstone Asif Raja Arif Khan (Chair) Cosima Towneley PUBLISHED: 14 September 2016 BURNLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE REPORTS ON PLANNING APPLICATIONS Photograph McCoy Wynne Part I: Applications brought for Committee consideration 22nd September 2016 Housing and Development DEVELOPMENT CONTROL COMMITTEE 22nd September 2016 INDEX App No Description Location Recommendation Page No APP/2016/0342 Variation of Prairie Sports Recommended for 1 condition 9 of Village, Approval planning permission Windermere APP/2013/0397 to Avenue, Burnley change hours of operation to closing for business at Mon- Thurs 10.30pm, Fri 12.00 midnight, Sat 12.00 midnight, Sun 10pm, Bank Holidays 10pm. No change to Driving Range opening hours (9pm) APP/2016/0289 Proposed Clock Tower Recommended for 7 construction of a Mill, Sandygate, Approval new four storey Burnley apartment building and associated car parking and landscaping APP/2016/0228 Demolition of Buildings on derelict buildings Mitre Street, Burnley Recommended for 17 Approval APP/2016/0229 Demolition of The The Mitre, Mitre Mitre public house Street, Burnley and the erection of a purpose built support centre for homeless and vulnerable people comprising 30 self- contained bedroom units, with supporting facilities; communal spaces, training/enterprise rooms, staff/administration offices and facilities, parking and private external recreation spaces APP/2016/0359 Proposed extension 13 Dryden Recommended for 45 and alterations Street, Padiham Delegation Application Recommended for Approval APP/2016/0342 Queensgate Ward Full Planning Application Variation of condition 9 of planning permission APP/2013/0397 to change hours of opening for the pavilion building to closing at Mon-Thurs 10.30pm, Fri and Saturday 12 midnight, Sundays and Bank Holidays 10pm. No change to Driving Range opening hours (9pm). Renewal of APP/2015/0309 PRAIRIE SPORTS VILLAGE WINDERMERE AVENUE BURNLEY Background: Planning permission was granted in 2013 for the replacement of the existing sports pavilion at Prairie Playing Fields; the upgrading of the existing all-weather pitch; and ancillary development to facilitate the provision of a golf driving range, including ball net fencing and lighting. The development is now completed and has been in use since October 2015. Conditions were imposed on the 2013 permission which restricted the hours that the building could operate to between 7 a.m. and 9 p.m. on any day. In 2015 a further permission was granted to extend the permitted hours of operation to allow later opening times. The outdoor and driving range activity would still cease at 9 p.m. but it was proposed to change the operating hours for the internal facilities to Monday to Thursday the building would close at 10.30 p.m.; on Friday at 11 p.m.; on Saturday at 12 midnight and Sunday at 10 p.m. The application was granted for the extended hours for a temporary period of 1 year from the date of opening and this has allowed the use to operate in line with the later opening times for a year so that the impact of the extended hours could be reassessed in terms of impact on neighbouring properties after the period of operation. Pavilion Building The use has been operating within these times now for 10 months and the applicant now seeks a permanent planning permission to retain them as approved apart from Friday when it is proposed to extend the hours of opening further from 11 p.m. to 12 midnight. Objections have been received to the application. Relevant Policies: National Planning Policy Framework (March 2012) (NPPF) Burnley Local Plan Second Review CF2 - Intensification of use of existing sports and recreation provision CF5 - Major local sports facilities CF9 - Golf related development E26 – Development in the Green Belt EW3 - New Leisure, Tourist, Arts and Cultural Development Outside Town Centres GP5 - Access for All H12 - Non-residential uses in residential areas Site History: APP/2003/0873 – Provision of 4 x 8m high and 1 x 6m high lighting columns and 3 wall lights mounted on existing building – granted APP/2007/0969 – Renewal of application for lighting of car park – granted APP/2009/0175 – Renewal of application for lighting of car park – granted. APP/2013/0397 - New pavilion building following demolition of existing; fences and lighting to all weather pitch; fencing and other works associated with golf practice range – granted APP/2014/0453 - Variation of condition 2 & 12 of planning permission APP/2013/0397 to increase the height of the netting to a height of 20m and increase the length of it by 5 metres – granted APP/2015/0017 – Amendment to omit gym and provide ancillary function room, larger kitchen/bar area with provision of food and licensed drink – non-material amendment granted APP/2015/0309 - Variation of condition 9 on planning permission APP/2013/0397 to change operating hours to closing at Mon-Thu 10.30pm, Fri - 11pm, Sat 12 midnight and Sun 10pm – permission granted for a temporary period of one year from opening. Consultation Responses: 1. Lancashire County Council (Highways) – the proposal raises no highway concerns and therefore no objections are raised 2. Two letters from neighbouring residents have been received, objecting on the following grounds: An increase in late night drinking and disturbance that comes with late night drinking Residents already suffer from noise and parking and to extend these hours even later at night is disgusting. Alcohol has no connection to a sports village and no contribution to health and fitness. Children sleep in bedrooms overlooking the village and will be kept awake til the late hours. The plans are totally different from the original and residents were told that alcohol would never be sold, so an extension is not good enough. Planning and Environmental Considerations: The principle of development and use of part of the building as a function and bar area is established and does not form part of this application. The extension to the evening hours is to allow the users of the facility to take refreshments and socialise after they have finished the outdoor activity, which will cease at 9.p.m as in the original application. It will also allow occasional related functions such as sports evenings or presentations. The reason for restricting the opening hours on the original application was to protect the amenities of the nearby residents from coming and going of vehicles after 9 p.m. The use has now been operating with the extended hours approved in 2015 for approximately 10 months now. The two letters of objection received relate to the use of the facility in general and not the extended hours of operation. The way the use operates as set out by the applicant below for information is consistent with such a facility and it is apparent that the social uses remain ancillary to the main sports use. Applicant’s summary of the way the use operates The Head of Leisure Operations for the applicant has put forward a summary of how the use has been operating since it opened as follows: ‘The majority of the use for both the bar, bistro and function room (referred to as the Windermere Suite, as a function room is only a small part of its usage) is from people and organisations who utilise the sporting facilities This is ancillary to the main use of the site and the main usage is as follows, Golf Driving range average of 10,000 ball a day being hit that’s on average 100 people a day hitting 100 balls each these people will buy lunch / breakfast and drinks before or after playing golf.