Planning Applications - Hyndburn Borough Council
Planning Applications - Hyndburn Borough Council
Planning Applications - Hyndburn Borough Council
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REPORT TO: PLANNING COMMITTEE 9 JANUARY 2008<br />
REPORT BY: CHIEF PLANNING & TRANSPORTATION OFFICER<br />
PREPARED BY: C B Clarkson Dip TP MRTPI (01254 388111)<br />
APPLICATIONS SUBMITTED UNDER THE TOWN AND COUNTRY PLANNING ACT<br />
1990 FOR DETERMINATION<br />
Purpose of Report: To present planning applications for determination as set out in the report<br />
1. 11/07/0455 Land north of Queen Street, Great Harwood 2<br />
2. 11/07/0587 62 Petre Crescent, Rishton 19<br />
3. 11/07/0656 Premier Mill, Arthur Street, Great Harwood 22<br />
4. 11/07/0692 Cannon Street Baptist Church, Cannon Street, Accrington 28<br />
5. 11/07/0694 Cannon Street Baptist Church, Cannon Street, Accrington 33<br />
6. 11/07/0697 Land at Back Lane, Baxenden 35<br />
7. 11/07/0711 10 Paynter Close, Clayton Le Moors 39<br />
8. 11/07/0719 Land at junction of Town Hall Street and Game Street,<br />
Great Harwood<br />
42<br />
9. 11/07/0728 9 Lindadale Avenue, Accrington 45<br />
10. 11/07/0733 Whinney Hill Garage, Whinney Hill Road, Accrington 49<br />
11. 11/07/0738 Former Garage Site, Pansy Street South, Accrington 54<br />
12. 11/07/0755 75 Brantwood Avenue, Knuzden 59<br />
13. 11/07/0186 Browfield Farm, Back Lane, Baxenden 62<br />
14. 11/07/0707 3 Tottleworth, Rishton 65<br />
15. 11/07/0749 17 Tennyson Avenue, Oswaldtwistle 68<br />
NOTE: The policies referred to under “Relevant Policies” are set out in the <strong>Hyndburn</strong> <strong>Borough</strong><br />
Local Plan (reference letters) and the Lancashire Structure Plan (reference numbers). These<br />
documents may be inspected at the <strong>Council</strong> Offices.<br />
1
THE FOLLOWING APPLI ATIONS ARE RECOMMENDED FOR CONDITIONAL<br />
APPROVAL (Cat A)<br />
11/07/0455<br />
Land north of Queen Street Great Harwood<br />
Erection of retail superstore (use class A1) and associated car parking, service yard access<br />
and landscaping<br />
Hunterswalk Limited & Tesco Stores Ltd<br />
Site description and locality<br />
This site, currently occupied by Metflex Ltd, is located on the northern side of Queen Street, Great<br />
Harwood and about 170m east of the edge of the Great Harwood retail area as shown on the<br />
Proposals Map of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. The site is located at the junction of Queen<br />
Street and Park Road and has a frontage of about 180m to Queen Street and 90m to Park Road.<br />
The site is mainly occupied by an industrial complex together with a car sales site and a vacant<br />
grassed area fronting on to Park Road.<br />
To the north the site is bounded by the Windsor Road Recreation Ground which has substantial tree<br />
planting on the common boundary with the site. Beyond the recreation ground there is a substantial<br />
area of mainly terraced houses. There is a further area of housing, known as Charter Brook and a<br />
small supermarket (Whitehead’s) on the southern side of Queen Street, opposite the application site<br />
while to the east there is another car sales and repair garage and other industrial properties.<br />
Immediately to the east of the site and fronting Queen Street, there is a petrol filling station, while,<br />
between the site and the town centre there are a number of small industrial uses and a public house.<br />
Details of proposal<br />
The application proposes the demolition of all buildings on the site and the erection of a<br />
supermarket with access via a new mini-roundabout at the junction of Queen Street and Park Road.<br />
A separate service access is to be provided at the western end of the site. In addition to the<br />
formation of the mini-roundabout the proposals include the provision of traffic lights at the junction<br />
of Whalley Road and <strong>Hyndburn</strong> Road.<br />
When originally submitted the application proposed the erection of a supermarket with a gross<br />
floorspace of 5519m 2 which was divided into 2248m 2 convenience goods and 1295m 2 comparison<br />
goods. The remainder of the gross floorspace was made up of 248m 2 coffee shop and staff<br />
rooms/offices etc (1728m 2 ). The original proposal involved a small first floor area and also a<br />
separate flexible retail/office/restaurant unit (93m 2 ).<br />
Following an assessment of the proposals against current retail policy and government guidance by<br />
the <strong>Council</strong>’s retail consultants the proposals have been reduced somewhat in scale. The flexible<br />
units have been deleted from the application and the supermarket is now only a ground floor<br />
development. The overall gross floorspace is now 4900m 2 , the comparison goods area remaining<br />
as originally submitted but the convenience goods area reduced to 1825m 2 . The coffee shop area is<br />
now at ground floor level and remains the same size and there is a marginal reduction in the<br />
staff/office areas to 1532m 2 .<br />
349 car parking spaces are proposed which includes 20 disabled spaces and 16 parent/child spaces.<br />
2
The building is to be located towards the western end of the site with a service yard on its western<br />
side and the car park mainly at the eastern, Park Road end of the site. The elevation fronting the<br />
car park is almost fully glazed and this glazing wraps around the south-eastern corner of the<br />
building, where the main store entrance and coffee shop are located, and on to the Queen Street<br />
elevation. The Queen Street frontage also includes significant areas of terracotta tile cladding and<br />
cedar boarding. The remaining elevations (northern, to the recreation ground, and western, to the<br />
service yard) will have cladding and cedar boarding.<br />
<strong>Planning</strong> history<br />
<strong>Planning</strong> history relates to the Metflex site and is not relevant to the determination of this<br />
application. <strong>Planning</strong> permission was granted on 15 th December 2005 for a temporary two year<br />
period (11/05/0737) to use the eastern part of the site for second hand car sales.<br />
Metflex Ltd. were granted planning permission on 22 nd October 2007 for the erection of a Class B2<br />
manufacturing unit with associated plant and staff parking on land at Alan Ramsbottom Way<br />
(11/07/0451). Metflex propose to transfer their business from the existing premises on the<br />
application site to the new premises to be built at Alan Ramsbottom Way.<br />
Consultations<br />
Lancashire County <strong>Council</strong> (Highways): No objections in principle subject to detailed design of<br />
mini-roundabout and traffic light controlled junction at Whalley Road/<strong>Hyndburn</strong> Road. Car parking<br />
satisfactory but service yard needs to be re-designed including removal of servicing layby. Need<br />
for financial contribution towards bus facilities on Queen Street.<br />
Lancashire County <strong>Council</strong> (Strategic <strong>Planning</strong>): Considers that the proposed development<br />
conforms to strategic planning policy; scale of the retail development would be complementary to<br />
the size and role of Great Harwood – issues of quantitative and qualitative need, sequential<br />
approach and retail impact have been satisfactorily addressed; even if the site were lost to<br />
employment use, an adequate supply of employment land would remain; archaeological<br />
investigations required; bats could potentially occupy existing buildings, and ecological advice may<br />
be needed.<br />
Blackburn with Darwen <strong>Borough</strong> <strong>Council</strong>: Objects to the proposed development but a smaller<br />
food sales area may be acceptable; applicant has not demonstrated that scale and character of<br />
proposed development is appropriate within a centre of Great Harwood’s scale and function, that<br />
there is a need for the scale of convenience floorspace proposed, or that the smaller units cannot be<br />
disaggregated and relocated to available alternative sites; catchment area adopted is too broad,<br />
given the proximity of higher-order centres; proposed development is likely to have a significant<br />
and adverse impact on the vitality and viability of Great Harwood centre.<br />
Ribble Valley <strong>Borough</strong> <strong>Council</strong>: No observations to make.<br />
Environment Agency: Original objection now withdrawn.<br />
<strong>Hyndburn</strong> <strong>Borough</strong> <strong>Council</strong> (Regeneration): Regeneration recognise that there is some need for<br />
the re-structuring of the existing shopping provision in the town and better shopping facilities will<br />
help improve the attractiveness of Great Harwood, attract new shoppers to the town and help retain<br />
local shoppers in the town. Some existing shops may be at risk and there needs to be good links<br />
between the proposed store and the town centre. Design, in particular the southern elevation, is<br />
unattractive. The store should be brought nearer to Queen Street and there should be an entrance at<br />
the western end of the store. Need for Section 106 contributions to support improvements to the<br />
town centre.<br />
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North West Regional Assembly: Scale of proposal has the potential to change the nature of the<br />
service/retail role provided by Great Harwood; current level of retail provision in Great Harwood<br />
would appear to be in keeping with the need it services as an identified key service centre in<br />
submitted Draft RSS; no indication why such an increase in scale of provision is in keeping with<br />
the current size of the centre; not satisfied with the applicant’s reasons for disregarding alternative<br />
sites which were identified in the sequential approach.<br />
Head of Environmental Health: Conditions required regarding need for contamination survey,<br />
restricting delivery times and restricting noise from plant.<br />
Neighbour notification/site notice/press notice. Local residents and objectors were re-notified of<br />
the amended proposals. In addition the applicant held an exhibition in Great Harwood so that local<br />
residents and traders could view the plans and make comment and a public meeting was held in<br />
Great Harwood attended by the applicant and officers. In response to the notification procedures, I<br />
have received petitions bearing 516, 80 & 61 signatures, 31 individual letters of objection, 376<br />
signed copies of a duplicated letter of objection, 22 individual letters of support and 2 letters<br />
expressing support subject to some concerns. The petitions have not been copied with this report<br />
but may be inspected at the <strong>Planning</strong> Office. The objection letters include submissions by and on<br />
behalf of local retail businesses, suppliers of local businesses, and residents of Great Harwood,<br />
Rishton and surrounding settlements, and Friends of the Earth. The objections submitted include<br />
an appraisal of the submitted planning and retail statements and a sustainability appraisal submitted<br />
on behalf of the Co-op, on which I will comment further below.<br />
The following objections have been raised:<br />
• It would have an adverse effect on the existing shops. Every retailer in the town objects. It<br />
would be unfair competition. Existing businesses (including suppliers of local businesses)<br />
would be put out of business, and there is documentary evidence that this has happened in<br />
other towns. Some objectors claim personal experience of damage to their businesses in<br />
other towns following the opening of Tesco stores in those towns, Leyland, Clitheroe, and<br />
Haslingden. The Association of Convenience Stores has quoted similar cases in North<br />
Yorkshire and Norfolk. At the time of the Co-op application, the report to <strong>Planning</strong><br />
Committee stated concerns regarding the “potentially fragile shopping on Queen Street.”<br />
The Co-op had limitations on non-food goods but Tesco is seeking to double the<br />
percentage. Figures and survey information submitted by Tesco are inaccurate or<br />
misleading. It would lead to large scale job losses and the effective killing off of town<br />
centres and communities when businesses large and small are forced out or go bust. It<br />
would completely change the character of the town, including the Conservation Area,<br />
affecting its heritage. Great Harwood would become a dead town devoid of small shops<br />
and varied independent retailers, leaving only Tesco, takeaways and charity shops and many<br />
empty boarded up shops. The <strong>Council</strong> would suffer a loss of Business Rates. Lack of<br />
choice for items not available locally, even in Tesco, would drive people away from the<br />
town. Given the distance of the site from the town centre, it is unrealistic for Tesco to<br />
suggest that their shoppers would load up their cars then wander off to make additional<br />
purchases within the town’s shopping streets.<br />
• Tesco’s claims that they work in conjunction with local retailers for the benefit of the town<br />
are just PR spin and an insult to the intelligence of both retailers and the community as a<br />
whole. Evidence from his own experience and from retailers in towns where Tesco has<br />
opened is that there have been no instances of co-operation, and in fact Tesco actually target<br />
specific sectors, using their business weight to corner all the markets and put others out of<br />
business. Tesco are taking over the world and are unethical and aggressive, selling a wide<br />
variety of goods, making it unnecessary for shoppers to go elsewhere for anything.<br />
4
Although 20 years ago Tesco could argue that a new Tesco store would attract customers to<br />
a town, in those days they sold only food, but this argument no longer applies. There are<br />
already Tesco stores nearby in Whitebirk and Clitheroe, and a possible future store in<br />
Accrington, all of which are accessible by public transport and car, with bus passes<br />
available for pensioners. This suggests that, contrary to Tesco’s argument that the store will<br />
attract new shoppers, it will only be used by Great Harwood residents. Within a 10 mile/20<br />
minutes driving radius there are already 7 Tesco stores, 3 Asda stores, 2 Sainsbury’s stores,<br />
1 Morrison’s store, 1 Co-op store and 1 Booth’s store.<br />
• Great Harwood is a small town of only 8000 people and is more than adequately covered<br />
with various food and other retailers large and small to meet current needs, appropriate in<br />
scale for a market town of this size. The <strong>Hyndburn</strong> <strong>Borough</strong> <strong>Council</strong> Retail Study 2005, the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan support this view, where the town is recognised as a Local<br />
Centre, and the Structure Plan classifies the town as a Tier 3 town, all of which clearly<br />
suggest smaller scale retailing. There are a variety of small traditional family-run retail<br />
businesses which are long-established and support other suppliers. Small shops provide<br />
personal friendly service which you don’t get in the bigger stores, and engage with the local<br />
community, e.g. Christmas Fayres. In the last few years, with hard work by many people,<br />
including <strong>Hyndburn</strong> <strong>Borough</strong> <strong>Council</strong>, it has become a thriving shopping area, with a<br />
strong community spirit and Queen Street at the heart of it. The Co-op has been a<br />
stakeholder in the town for many years, has made a substantial re-investment in its new<br />
store in 2001, and wishes to invest further in the town. The scale of the Co-op development<br />
is appropriate to the size of the town and also sits comfortably alongside other smaller<br />
retailers. The 2005 Retail Study concluded that one of Great Harwood’s strengths is that it<br />
is anchored by a main shopping destination (Co-op), which the Study states is likely to have<br />
assisted local centre performance. Under the adopted Plan for the Future (2006), Great<br />
Harwood is to be promoted as a historic market Town; a large store on the edge of the town<br />
centre could have a negative impact on efforts to regenerate the town centre. Unlike the<br />
existing Co-op store, a Tesco store of this size will not be of a scale appropriate to the<br />
existing Local Centre and will harm viability and vitality, particularly if its major impact on<br />
the existing Co-op store forces the Co-op’s closure in the medium to long term. The scale<br />
of the proposed Tesco, in addition to the existing Co-op, would be disproportionate for the<br />
size of the town, unless there were to be extensive housing development on large areas of<br />
Green Belt around Great Harwood. Tesco is not needed or wanted. We already have<br />
enough with the Co-op and local shops. Great Harwood needs to remain small and local.<br />
Only Tesco and not local residents will benefit from having a Tesco. Tesco don’t care<br />
about Great Harwood, they only want to rival Asda in Accrington. 2 supermarkets have<br />
already opened and closed, the old and new Co-ops on Glebe Street.. She can’t understand<br />
why another is needed, even with a different name.<br />
• The Co-op scores higher than Tesco for its ethical, environmental, green policies, especially<br />
in its support and range of fairtrade goods and local produce. Given <strong>Hyndburn</strong>’s promotion<br />
of these issues, should it not be encouraging stores with these policies? People should be<br />
encouraged to buy local produce in local shops rather than goods which have travelled<br />
thousands of miles and contributed significantly to global warming. The size of Tesco<br />
would attract customers from a wide area, but people should be encouraged to shop near to<br />
home.<br />
• The Co-op store has succeeded in becoming an anchor for a combination of main food and<br />
top up trade, and 91% of survey respondents said they have no problem accessing Great<br />
Harwood town centre. The Co-op is not overtrading, as the applicant is claiming. The<br />
applicants have not proven a quantitative or qualitative need for a new foodstore of this size.<br />
5
The actual need is for a limited amount of convenience provision, which can be delivered in<br />
the centre or immediately adjoining it.<br />
• There are further investment opportunities within and adjoining the town centre which can<br />
address the identified need of retail floorspace. Great Harwood has an above-average<br />
number of vacant units. It would be premature for the <strong>Council</strong> to grant planning permission<br />
for an “out of centre” foodstore when there are identified opportunities to accommodate the<br />
realistic retail needs of Great Harwood within the defined town centre boundary. The larger<br />
area around the Co-op is clearly suited to expanding the centre.<br />
• He believes that the large purpose-built Co-op is currently marginal on profit, and there is<br />
insufficient business in the town to sustain the Co-op, other independent retailers such as<br />
Whiteheads, and a large Tesco within 100m. The result would be the closure of the Co-op,<br />
boarded up, vandalised, graffitied, trashed and an eyesore. No other retailer would be<br />
interested in the empty Co-op, given that the level of profit they would need to sustain a<br />
business on the site would be untenable in a town the size of Great Harwood and given that<br />
it would be within 100m of Tesco.<br />
• The 150 so-called new jobs claimed by Tesco are not full-time positions, but part-time, and<br />
include increases for seasonal peaks like Christmas. There would be a net loss of jobs in<br />
Great Harwood due to business closures and because a large percentage of the vacancies<br />
would be filled from outside the town. For every 9 jobs Tesco creates, a minimum of 23<br />
losses of jobs/ livelihoods will occur in that community.<br />
• The traffic flow survey submitted on behalf of Tesco was conducted on 2 dates in July 2006<br />
addressing 4 junctions in the town. The survey is now out of date and does not reflect<br />
changes in the town. Having been commissioned by the developer it is biased and only<br />
represents their interpretation of the potential traffic issues. As this is a major development,<br />
LCC Highways should produce a full traffic impact assessment survey for the whole of<br />
Great Harwood, not just 4 junctions, with particular reference to the residential streets north<br />
of the site, especially Arthur Street where traffic flow will be exacerbated by the approved<br />
development on Premier Mill. What measures are the <strong>Council</strong> going to make to ensure that<br />
these highways are not used as rat runs when congestion occurs on Park Road? The LCC<br />
assessment should be accurate, using TRICS data and contemporaneous traffic survey data,<br />
and should take into account a comparison of present employment traffic at Metflex to the<br />
projected increase generated by a 348 car parking space supermarket. An increase in HGV<br />
traffic from the M65 along an already congested road also needs to be addressed. What<br />
measures have been taken to keep HGV’s (including construction vehicles) on designated<br />
routes? – signs and enforcement are required.<br />
• As the majority of shoppers would travel to the store by car, the development would bring<br />
much more traffic into the town, and result in increased congestion, particularly in Queen<br />
Street and Park Road, which is already subject to traffic restrictions and should be made one<br />
way and have a weight restriction. Queen Street, which is already poorly surfaced and<br />
congested, may deteriorate further in condition and become more gridlocked at some times<br />
of days, with consequent atmospheric pollution from standing traffic. The number of<br />
HGV’s in the town would also increase, particularly during the construction period, and the<br />
local roads are not suitable for these vehicles. The road from Clayton to the M65 is also<br />
heavily congested. Traffic lights would be needed at the Heys Lane/Whalley Road junction,<br />
where there are already long queues. Tesco and Asda do on-line ordering anyway so why<br />
would residents want the road congestion and extra traffic through a small town? Increased<br />
traffic would be a danger to local children and elderly people.<br />
• The amount of car parking proposed appears extremely limited in relation to the size of the<br />
store. In other towns, store extensions have taken place very soon after the store has<br />
6
opened, reducing the car parking still further, yet increasing demand for spaces. Tesco<br />
should give a binding undertaking that this would not happen.<br />
• For most of those living in Great Harwood without means of transport, a store on the<br />
perimeter of town would not be accessible. Unlike the Co-op, the site lies outside the<br />
primary shopping area, and given the walking distances from various parts of the town<br />
centre, shoppers will need to travel to the store by car, and will not necessarily use the town<br />
centre.<br />
• The proposals are weak in terms of sustainable development and does not conform to the<br />
sustainability objectives set out in PPS1 or those contained in the <strong>Council</strong>’s Sustainability<br />
Appraisal of the Local Development Framework. The Co-op’s consultants have submitted<br />
a Sustainability Appraisal of the scheme which concludes that the development is<br />
unsustainable.<br />
• The position of the goods entrance, next door to the filling station, could cause an accident,<br />
as there have been several near misses already at that point. All Tesco access should be<br />
from the proposed roundabout not from Queen Street.<br />
• The noise and environmental pollution, including night-time light pollution, caused by a 24<br />
hour supermarket would have a negative effect on the quality of life of neighbouring<br />
residents. 8m high lighting columns could be on from 6.30 am until midnight. A 24 hour<br />
hum at the back of her house would be detrimental to her health. Deliveries to the store<br />
would take place between 7am and 11pm, causing nuisance and traffic problems for local<br />
residents, and could take place at night. Although some residents of the Charter Brook<br />
sheltered housing may welcome the scheme, siting next to the housing would be<br />
environmentally detrimental to the wellbeing of most of the residents. It will cause 24 hour<br />
traffic noise, and increased traffic will make it dangerous for elderly residents. Residents<br />
already have problems crossing the busy Queen Street, and since the development will<br />
make the problem worse, a controlled pedestrian crossing should be located adjacent or near<br />
to the sheltered housing.<br />
• Tesco have failed to make a good case as to why the presumption against any change of use<br />
for employment land should be reversed. The Local Plan states that it needs additional land<br />
designated as employment land. There has been negligible advertising of the existing land<br />
for sale, the norm is 18 months of actively marketing the site.<br />
• Fears of the Metflex site being left as a dilapidated and derelict building could not be<br />
justified. Given the loss of “walk to work” employment in the area, and the lack of<br />
replacement employment, it could be used as business or office space compatible with the<br />
adjacent residential area. There is no objection to the redevelopment of the Metflex site<br />
when they move out. However, it would be far more beneficial to redevelop the site as a<br />
high tech, high spec business park of offices, workshops and showrooms, to attract new<br />
companies into the town, create new jobs, add to business for local retailers and be a<br />
prestigious development at the gateway to the town. Alternatively, housing on this<br />
brownfield site, particularly affordable housing for the local community, could be<br />
considered and would be far more beneficial than Tesco.<br />
• The proposal is not in accordance with the Development Plan, and the scale, nature and<br />
location of the proposed development significantly prejudices the implementation of the<br />
policies and proposal of the Development Plan. Due to its scale, it would dominate the<br />
town and be of great significance for the town as a whole, affecting not only the present<br />
generation, but many generations to come. The site is not allocated for retail development,<br />
and could be better used for the benefit of the local community.<br />
• Great Harwood is a unique small town. Everybody coming here is for a reason, nobody<br />
passes through as it is not a short cut to anywhere. Tesco would create a reason for visitors,<br />
causing too much traffic.<br />
7
• Crime would rise and this would be over 24 hours.<br />
• Money would be better spent on the NHS.<br />
• The financial contribution under the Section 106 Agreement should be held in a trust fund<br />
for use on projects within Great Harwood determined by the residents and <strong>Council</strong>lors of<br />
Great Harwood via the Area <strong>Council</strong>, and should not go to a central fund.<br />
• The recreation ground on Windsor Road shouldn’t be swallowed up, as the ground was<br />
gifted to the town for “public recreations”.<br />
• Their property will be devalued, as there are reports from other areas of losses of 10% of<br />
value.<br />
• It is the duty of employees and members of the <strong>Council</strong> to demonstrate to both residents and<br />
the electorate that all relevant data is produced with clarity, transparency and to be<br />
accountable when it is submitted prior to the <strong>Planning</strong> Committee.<br />
The following points have been raised in support of the application:<br />
• Local shops, including the Co-op and Whitehead’s, do not stock a full range of goods to<br />
enable a weekly or monthly shop to be done, and many people do their weekly or<br />
monthly shopping in Blackburn or Accrington and only do “top up” shopping in the Coop<br />
and Whitehead’s. The provision of good quality, convenient shopping in Great<br />
Harwood would reduce the need to travel, the environmental impact and the use of<br />
petrol. It would encourage healthy competition between the shops, bringing better<br />
products and prices. If permission is refused, the Co-op would continue to be allowed<br />
to stifle competition in Great Harwood as they have for a long time; the Co-op is too<br />
expensive, badly staffed and never fully stocked. Senior citizens who have no transport<br />
and have difficulty carrying heavy shopping would benefit considerably, as they do not<br />
have access to the more competitive prices available elsewhere and it would be more<br />
convenient for them to shop locally. The needs of the elderly should be considered and<br />
their views sought.<br />
• Most of the shops in Great Harwood are takeaways, hairdressers or charity shops, as<br />
well as banks and building societies. There is limited choice of clothes and shoes, and<br />
nowhere to buy electrical goods. There is only one butcher and greengrocer in a town<br />
of 10,000 people, therefore a supermarket will have little effect on the small shops. The<br />
development would bring in people from the surrounding areas, increasing the footfall<br />
within Great Harwood. When the Co-op opened, there were fears of a “ghost town” and<br />
shop closures, but this never happened and in fact their business improved due to people<br />
coming into the town and the regeneration of the area.<br />
• The development would tidy up a derelict area, which would kickstart regeneration in<br />
the town, getting back some life into the town and make a better access and view<br />
coming into the town. To survive, Great Harwood needs to regenerate not disintegrate.<br />
With thought and planning the development could be used to create a town with<br />
specialist shops and making Great Harwood a vibrant market town gateway to the<br />
Ribble Valley.<br />
• Accessibility for customers from outside the town is good by bus and foot, and it would<br />
be within walking distance of a good part of the town. Traffic lights at the Heys<br />
Lane/Whalley Road junction would be beneficial, and a one-way system in Queen<br />
Street could be considered. Complaints have not resulted from considerable numbers of<br />
HGV movements from a nearby site.<br />
8
• It would create 150 extra jobs, so people who live in Great Harwood can work here.<br />
This would partially offset the previous loss of 400 jobs when Unilever area left the area<br />
after an attempt to construct a new factory was considerably delayed by a few objectors.<br />
• It would bring substantial Business Rates for the <strong>Council</strong>.<br />
• Residents of Windsor Road have been plagued day and night by noise pollution from<br />
the Metflex factory, and are unable to open windows or on many occasions unable to<br />
sleep at night due to the constant reverberations from its machinery and expellers.<br />
Fumes from the factory are obnoxious and Environmental Health have been involved in<br />
the past, to enforce the firm to replace their filtering system.<br />
• He feels that a majority of people in the town support the application but have not had a<br />
chance to show it. The public meeting was dominated by objectors, and many people<br />
who supported the proposal could not show their support by questions. Following the<br />
meeting, the local press only reported the objections. He and the vast majority of<br />
townspeople feel sure that the <strong>Planning</strong> Department will be looking at a much bigger<br />
picture which will allow Great Harwood to move forward in a much more positive way;<br />
standing still and looking back is not the answer.<br />
• It is very important to secure the long term future of Metflex and its employees; that in<br />
itself supports the town.<br />
• She queries whether it is ethical and acceptable in terms of copyright for the objectors to<br />
copy pieces from newspapers and distribute them with a duplicated letter to residents.<br />
The applicant has submitted further representations following the submission of the planning<br />
application by the Co-op. They conclude that there is adequate quantitative need for both the Tesco<br />
proposal and the extension to the Co-op store to both proceed and trade. However they also agree<br />
with WYG that the proposed extension to the Co-op store would not, in itself, be sufficient to<br />
achieve significant retention of Great Harwood shoppers in the town or encourage new shoppers<br />
from the catchment area to visit Great Harwood. The applicant has commented on the Co-op’s<br />
Sustainability Appraisal of the development but take a contrary view to the objector.<br />
The applicant summarises that their scheme would secure the following retail and other wider<br />
regeneration benefits for the town:<br />
• Redevelopment of an unattractive ‘gateway’ site into Great Harwood town centre<br />
incorporating a modern building;<br />
• Providing a potential catalyst for other investors and regeneration in other areas of the<br />
town;<br />
• Making more efficient use of urban land given that the existing business on the site<br />
does not utilise the full site area;<br />
• Relocating an existing employer (Metflex) to modern premises required for future<br />
operation and potential expansion of that business.<br />
• This would secure 75 full time and 25 seasonal jobs in manufacturing in Great<br />
Harwood;<br />
• Relocating that business to a more appropriate ‘location’ on an area identified for<br />
industrial uses in Great Harwood;<br />
9
• Creating new employment opportunities (150 FTE jobs) in Great Harwood for local<br />
residents with the availability of flexible working hours in the Tesco to suit different<br />
life styles;<br />
• Providing a modern superstore near where people live with good accessibility by<br />
choice of transport mode.<br />
Relevant policies<br />
Joint Lancashire Structure Plan<br />
Policy 4 Key service centres<br />
Policy 14 Business and industrial land provision<br />
Policy 16 Retail development<br />
Policy 7 Parking<br />
Policy 21 Natural and man-made heritage<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy R3 Retail adjacent to retail areas<br />
Policy I3 Retention of employment land<br />
Policy E10 Scale, density, design<br />
Observations<br />
Retail policy<br />
Retail planning consultants, White Young Green (WYG), have been engaged to advise the <strong>Council</strong><br />
on the retail policy aspects of the application. They have considered the submission against current<br />
government guidance on retail issues as set out in <strong>Planning</strong> Policy Statement 6: <strong>Planning</strong> for Town<br />
Centres and against the various retail policies of the development plan.<br />
PPS6 was published in March 2005 and sets out the Government’s key objective for town centres<br />
of promoting their vitality and viability by:<br />
° <strong>Planning</strong> for the growth and development of existing centres; and<br />
° Promoting and enhancing existing centres by focusing development in such centres and<br />
encouraging a wide range of services in a good environment, accessible to all.<br />
In order to deliver the Government’s objectives of promoting vital and viable town centres<br />
paragraph 2.1 of PPS6 states that: ‘…development should be focused on existing centres in order to<br />
strengthen and, where appropriate, regenerate them.’<br />
Local planning authorities should require applicants for retail developments to demonstrate:<br />
a) the need for the development;<br />
b) that the development is of an appropriate scale;<br />
c) that there are no more central sites for development;<br />
d) that there are no unacceptable impacts on existing centres; and<br />
e) that locations are accessible.<br />
10
WYG assessed the original submission against the above criteria. They concluded that while there<br />
was both a quantitative and qualitative need for additional comparison and convenience floorspace<br />
in Great Harwood, it was questionable whether there was sufficient qualitative need for the level of<br />
convenience goods floorspace originally proposed. Whilst they considered that there was capacity<br />
for the level of comparison goods floorspace proposed, they took the view that there was<br />
insufficient ‘retail spend’ in the defined catchment to support the level of convenience goods<br />
floorspace proposed, given the strength and proximity of competing provision.<br />
In terms of scale regional and local planning policy suggests that development of a suitable scale<br />
that would reinforce the centre’s role as a service centre for surrounding village and rural areas<br />
would be considered appropriate. However, WYG did not consider that a ‘need’ had been identified<br />
for the scale of development originally proposed; WYG concluded that the originally proposed<br />
superstore was inappropriate in scale to the catchment it is intended to serve. Indeed, the net<br />
floorspace proposed (3,543m 2 ) was comparable to the total net floorspace within, at the edge-of and<br />
at out-of Great Harwood (3,605m 2 ). By also including the two smaller units (93m 2 ) the proposed<br />
development would have represented a more than doubling of the total retail floorspace in Great<br />
Harwood.<br />
Sequentially WYG accepted that there was no more suitable centrally located site which could<br />
accommodate the supermarket element of the application but that there were a number of sites<br />
within the towns of the catchment area which could accommodate the flexible units originally<br />
proposed.<br />
Again on retail impact the level of clawback trade from other centres was felt to be overstated by<br />
the applicant and thus they had underestimated the likely impact on other retail outlets in Great<br />
Harwood, including the existing Co-op.<br />
The site is considered to be relatively accessible by modes of transport other than the private car<br />
and in particular is located on a bus route. Appropriate pedestrian and cycle routes to the store are<br />
proposed. There may be opportunities to enhance provision by means of a Section 106 Agreement.<br />
Thus WYG’s advice was that the original submission should be amended to remove the smaller<br />
flexible units from the scheme and to reduce the floorspace given over to convenience sales. The<br />
applicant has accordingly reduced the scale of the proposals and the <strong>Council</strong>’s consultants now<br />
advise that the proposals are satisfactory in retail policy terms and are in line with development<br />
plan policies.<br />
Through planning consultants, the Co-operative Group submitted objections to the proposed<br />
development, relating to, scale, location, need, impact on retail businesses, loss of employment<br />
land, accessibility and sustainability, which are included in the above list of objections received.<br />
The Co-op has now submitted an outline planning application for an extension to their existing<br />
store in Great Harwood, which is at an early stage processing. The application seeks to add a 916m²<br />
gross (733m² net) extension of Class A1 retail floorspace, to create an enlarged store of<br />
3408m²gross (2312m² net).<br />
WYG have provided advice for the <strong>Council</strong> on the retail policy issues which form the basis of the<br />
Co-op’s objection to the application and also on the implications of the Co-op’s planning<br />
application. The application does not specify a convenience/comparison split, but WYG have used<br />
an 86.5% convenience/13.5% comparison split as found in other UK Co-op stores. WYG advise<br />
that there is sufficient need (both quantitative and qualitative) to support both the extended Co-op<br />
11
and the proposed new Tesco store, and that the two proposals would provide a competitive and<br />
vastly improved retail offer, which would be to the benefit of local residents. WYG consider that<br />
an extension to the existing Co-op store on its own would not meet the identified need for<br />
additional convenience and comparison goods floorspace in Great Harwood, and considers it<br />
questionable whether it would significantly reduce the current leakage to larger supermarkets<br />
elsewhere. WYG advise that there are no reasonable grounds on retail planning terms for the<br />
<strong>Council</strong> not to support both the current Tesco and Co-op applications, subject to relevant conditions<br />
to control the future use of both stores.<br />
The Co-op have indicated to the <strong>Council</strong> that they are considering potential wider plans to provide<br />
a larger Co-op store, involving over 2000m² of additional retail floorspace and including land not<br />
currently in the Co-op’s control which may require relocation of existing uses. WYG consider it<br />
questionable whether a larger scheme is viable and deliverable, and consider it unlikely that such a<br />
scheme could be delivered in the short-medium term up to 2012, and therefore consider that limited<br />
weight can be attached to these wider proposals.<br />
Loss of Employment Land<br />
Policy I3 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan seeks the retention of sites currently used for<br />
business, industry, distribution or storage, except where the resulting environmental improvements<br />
or other material considerations outweigh the loss of employment capacity.<br />
In order to inform this policy, and in particular in connection with preparation work for the Local<br />
Development Framework, the <strong>Council</strong> commissioned consultancy work on current and allocated<br />
employment sites in the borough. Consultants Lambert, Smith and Hampton were employed to<br />
undertake an employment land study comprising of:-<br />
i) An assessment of a number of existing employment sites to determine whether they should<br />
remain in employment use should the existing use cease.<br />
ii) A criteria based policy for assessing planning applications on existing employment sites.<br />
iii) An assessment of how much land will need to be provided for employment purposes up to<br />
2021.<br />
Sites were placed in three categories, poor, adequate, and good. The current application site has<br />
been categorised as an “adequate” employment site in the Employment Land Study.<br />
The current occupiers of the site, Metflex Limited, have been granted planning permission for<br />
replacement premises on land at Alan Ramsbottom Way, enabling the firm to relocate to more<br />
efficient modern premises and to retain 100 jobs within the town. This relocation site does not<br />
represent new industrial land, but lies within an area already allocated for employment purposes<br />
(Classes B1,B2 & B8) under Local Plan Policy I1, and therefore there would be a loss of<br />
employment land as a result of the Tesco proposal.<br />
However, the applicants have satisfactorily demonstrated that there is currently an over-supply of<br />
allocated industrial land in the <strong>Borough</strong> in terms of the requirement set in Policy 14 of the Joint<br />
Lancashire Structure Plan. Furthermore, the applicants have satisfactorily argued that the potential<br />
future use of the site for offices, general industrial use or warehousing and distribution is not<br />
realistic given lack of demand for such sites when more motorway-accessible sites are available,<br />
and the potential conflict with neighbouring residential uses. In addition, the scheme would result<br />
in the creation of 150 jobs in the retail sector.<br />
12
Highways issues<br />
The highway authority has been consulted on the application, assessed the applicant’s submitted<br />
Transport Assessment and confirms that, subject to detailed design, both the proposed traffic lights<br />
at Whalley Road/<strong>Hyndburn</strong> Road and the proposed mini-roundabout are satisfactory in terms of<br />
providing a workable and adequate access to the site. The car parking levels are considered<br />
acceptable and there are adequate parking facilities for the disabled and for parent/child. Adequate<br />
cycle parking can be achieved by way of a condition. The highway engineer expressed concerns<br />
regarding operational difficulties which could arise from the detailed layout of the car park, but I do<br />
not consider this to be a matter of concern in determining the planning application as it would be<br />
entirely within the applicant’s site and not have an impact on the surrounding highway network.<br />
In terms of servicing the highway engineer expressed concerns about the arrangements and in<br />
particular the provision of a servicing layby on Queen Street. In order to address these concerns,<br />
the amended plans submitted include amendments to the service yard and the deletion of the<br />
servicing layby. The highway authority recommends the imposition of conditions and that a<br />
financial contribution should be made towards the East Lancashire Rapid Transit public transport<br />
initiative which includes upgrading bus facilities on Queen Street/Lomax Square.<br />
Design issues<br />
The application as originally submitted proposed a part two-storey building set well back from the<br />
Queen Street frontage. The reduction in the floorspace has meant that the building will now be<br />
entirely single storey. It is essential that, being an edge of centre site, the development has good<br />
pedestrian links to the town centre to encourage shoppers to walk between the two. The applicant<br />
has therefore agreed to bring the building closer to the Queen Street frontage and at the same time<br />
introduce an area of glazing into this elevation of the building. While the main entrance to the store<br />
will be at the eastern end of the Queen Street elevation. The re-arranged siting will give the<br />
opportunity to create a more attractive forecourt and improved pedestrian link to the town centre.<br />
The applicant has agreed to finance the re-paving of the footway on the northern side of Queen<br />
Street from the site to the edge of the town centre to a high standard.<br />
There will also be pedestrian access to the site from Park Road and from the mini-roundabout as<br />
well as in various locations along the Queen Street frontage. The existing mural on the Queen<br />
Street frontage of the site is to be retained and new low walls provided along the Queen Street<br />
frontage. The service yard is to be screened by a higher wall and the overall development will<br />
include landscaping and tree planting.<br />
Environmental issues<br />
The design of the building incorporates measures to reduce energy consumption and be sustainable,<br />
through north-facing roof lights, south-facing photovoltaic roof panels, reduced glazing on the<br />
south-facing elevation, and partial timber cladding. The inclusion of such features is in accordance<br />
with requirements contained in the Draft RSS.<br />
An air quality assessment submitted with the application concludes that during the construction<br />
period, releases of dust and particulate matter are likely to occur, but could be reduced through<br />
good site practice and the implementation of suitable mitigation measures. Once in operation, the<br />
proposed development would cause a minor adverse to insignificant impact on nitrogen dioxide<br />
levels and an insignificant impact on particulate matter levels. The Head of Environmental Health<br />
13
has considered the findings of the assessment and has not raised concerns other than recommending<br />
the imposition of a condition requiring investigations of potential contamination and underground<br />
gases.<br />
A noise assessment was undertaken with the objective of determining how noise that may be<br />
generated as a result of the proposal would affect the amenities of neighbouring residents. It was<br />
carried out on the basis that store trading and servicing and home shopping would be restricted to<br />
the hours of 0700 to 2300 hours. The assessment concludes that with suitable mitigation measures,<br />
noise levels from the fixed plant serving the development, from servicing and from car parking can<br />
be satisfactorily controlled, and that the increase in road traffic as a result of the proposal would<br />
result in a negligible noise impact. The Head of Environmental Health has considered the findings<br />
of the assessment and recommended the imposition of conditions as suggested in the report.<br />
Impact on neighbouring residents<br />
The nearest residential properties are the Charter Brook development, the nearest property lying<br />
22m from the proposed building. The neighbour notification and publicity procedure indicated that<br />
some residents of the Charter Brook scheme would welcome the development, particularly since it<br />
would make shopping easier and more convenient for them, the impact of increased noise and<br />
traffic was a concern, particularly if 24 hour opening was planned. The proposed opening and<br />
servicing hours are 0700 to 2300 hours only, and on the basis of the findings of the air quality and<br />
noise assessments, the Head of Environmental Health has not raised objections on<br />
noise/disturbance grounds, subject to relevant conditions. The existing industrial use of the site<br />
gives rise to some noise and disturbance, with the potential for further impact on neighbours should<br />
a new user take over the building. The re-siting of the proposed building nearer to the Queen Street<br />
frontage has brought the building nearer to the Charter Brook residents, but the existing industrial<br />
building occupies a similar position. There are residential properties to the north in Windsor Road,<br />
beyond the public open space, but these a located a minimum of 100m away from the proposed<br />
building with substantial tree planting between. I do not consider that the amenities of<br />
neighbouring residents would be adversely affected to a significant degree.<br />
Section 106 contributions<br />
The following matters may be considered appropriate for inclusion in a Section 106 Agreement,<br />
and are considered to be directly related to the proposed development:<br />
• An upgrade of the existing bus stop facilities on Queen Street as part of the proposed East<br />
Lancashire Rapid Transit public transport initiative.<br />
• Pedestrian footway improvements along the north side of Queen Street between the<br />
application site and the town centre.<br />
• Lighting to Queen Street from the proposed new roundabout to the town centre boundary.<br />
• Provisions within the S278 highway agreement relating to off-site works for the installation<br />
of traffic signals at the Whalley Road/<strong>Hyndburn</strong> Road junction.<br />
• Environmental improvements suggested in the document Great Harwood Town Centre: A<br />
Plan for the Future.<br />
Conclusion<br />
The applicants have satisfactorily demonstrated that the proposal as now amended is acceptable in<br />
terms of policies on retail development and industrial land, highway and environmental issues,<br />
14
design issues and issues of neighbour amenity. Subject to appropriate S106 contributions, I<br />
recommend approval.<br />
Recommendation<br />
Powers be delegated to the Chief <strong>Planning</strong> and Transportation Officer to approve the application<br />
subject to the signing of a Section 106 Agreement which include the issues listed above and subject<br />
to the following conditions. The application should be forwarded to the GoNW in accordance with<br />
the Town and Country <strong>Planning</strong> (Shopping Development) (England and Wales) (No 2) Direction<br />
1993:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The development hereby permitted shall be carried out only in accordance with the following<br />
plans: *****<br />
Reason: For the avoidance of doubt, since the originally submitted plan was subsequently amended<br />
4 The total floorspace in the building hereby permitted shall not exceed 4900 square metres. Of<br />
this floorspace no more than 1825 square metres shall be used for convenience goods sales<br />
(including checkouts), no more than 1295 square metres shall be used for comparison goods sales<br />
(including checkouts), and no more than 248 square metres shall be used for ancillary customer<br />
facilities comprising coffee shop/lobby/toilets/customer services. The remaining area (1532 square<br />
metres) shall be used for staff facilities/office/storage. Notwithstanding the provisions of Section<br />
55 of the <strong>Planning</strong> Act 1990 and Section 2A of the Town and Country <strong>Planning</strong> (General<br />
Development Procedure) Order 1995 no internal alterations shall be carried out to the building to<br />
increase the gross floorspace and no alterations shall be carried out to alter the split of uses within<br />
the building from that specified above.<br />
Reason: For the avoidance of doubt and to ensure that the split of uses within the building does not<br />
change to an inappropriate split having regard to <strong>Planning</strong> Policy Statement 6: <strong>Planning</strong> for Town<br />
Centres and the current development plan.<br />
5 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
15
6 Prior to the commencement of development a satisfactory programmed landscaping scheme<br />
shall be submitted to and approved in writing by the local planning authority. The approved<br />
scheme shall be implemented during the first planting season following the completion of<br />
development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or<br />
destroyed in the first five year period commencing with the date of planting shall be replaced by the<br />
applicants or their successors in title.<br />
Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the<br />
locality, and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
7 Notwithstanding the provisions of the Town and Country <strong>Planning</strong> (General Permitted<br />
Development) Order 1995 (or any Order or Statutory Instrument revoking and re-enacting that<br />
Order), details of the position, type and height of all fences and walls to be erected on the site shall<br />
be submitted to and approved in writing by the local planning authority prior to installation. All<br />
boundary walls and other means of boundary treatment, in particular along the Queen Street and<br />
Park Road frontages, shall be designed and positioned in order to prevent indiscriminate pedestrian<br />
access along those frontages and shall guide pedestrians to appropriate access points. Boundary<br />
walls and other means of enclosure shall provide for the retention of the existing mural located on<br />
the Queen Street frontage.<br />
Reason: Inadequate details of fences and walls have been submitted with the application and in the<br />
interests of the visual amenities of the area and pedestrian safety, and in order to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
8 Prior to the commencement of the development a fully designed scheme of all hardsurfaced<br />
areas outside the building, including surfacing materials and street furniture, shall be submitted to<br />
and approved in writing by the local planning authority. In particular the proposed surfacing and<br />
use of materials in the area between the store and Queen Street shall enhance the pedestrian route<br />
between the store entrance and the Great Harwood town centre.<br />
Reason: In the interests of the visual amenities of the locality as inadequate details of these matters<br />
have been submitted with the application and in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan<br />
9 Before the development hereby approved is first brought into use the car parking area shall be<br />
hardsurfaced and marked out as indicated on the approved plan to the satisfaction of the local<br />
planning authority. The car park shall be made available at all times that the premises are in use for<br />
the parking of staff and visitors' cars. The use of the car park by any car, light van or motorcycle<br />
shall be free of charge for a period not exceeding three hours during the period 0700 hours and<br />
2300 hours on any day.<br />
Reason In order to ensure that there is adequate car parking provision clear of the public highway in<br />
the interests of the safety of users of the highway, in order to encourage shopping linked trips<br />
between the store and the Great Harwood town centre and in order to comply with Policies E10 and<br />
TR7 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
10 Before any construction or engineering works commence on site details of facilities for the<br />
washing of the wheels of vehicles before leaving the site shall be submitted to and approved in<br />
writing by the local planning authority. The approved facilities shall be installed before any<br />
16
engineering or construction work commences on site and shall be retained for the full construction<br />
period.<br />
Reason To avoid the possibility of the public highway being affected by the deposit of mud and/or<br />
loose materials which could create a potential hazard to road users.<br />
11 No part of the development hereby approved shall commence until a scheme for the<br />
construction of the site access including service area access and the off-site works of highway<br />
improvement has been submitted to, and approved in writing by, the local planning authority in<br />
consultation with the Highway Authority. No part of the development hereby approved shall be<br />
occupied or opened for trading until the approved scheme has been constructed and completed in<br />
accordance with the scheme details.<br />
Reason: In order to satisfy the local planning authority and Highway Authority that the final details<br />
of the highway scheme/works are acceptable before works commence on site and in order that the<br />
traffic generated by the development does not exacerbate unsatisfactory highway conditions in<br />
advance of the completion of the highway scheme/works.<br />
12 Prior to the first use of the development hereby permitted, a Travel Plan shall be submitted to,<br />
and approved in writing by, the local planning authority. The Travel Plan shall be implemented<br />
within the timescale set out in the approved plan to the satisfaction of the local planning authority.<br />
Reason: In order to promote alternative non-car based means of transport.<br />
13 No works shall take place on the site until the applicant, or their agent or successors in title, has<br />
secured the implementation of a programme of building recording and analysis. This must be<br />
carried out in accordance with a written scheme of investigation, which shall first have been<br />
submitted to and approved in writing by the local planning authority.<br />
Reason: To ensure and safeguard the recording and inspection of matters of<br />
archaeological/historical importance associated with the building/site and to comply with Policy E6<br />
of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
14 The application site is near to a former landfill site. Prior to any development taking place, a<br />
comprehensive landfill gas site investigation and assessment shall be carried out to determine<br />
whether or not the site is, or would have the potential to be, affected by subterraneous landfill gas<br />
migration from the nearby landfill site. The survey methodology shall be agreed in writing by the<br />
local planning authority prior to the survey work commencing. Should the site investigation prove<br />
the presence of landfill gas then no development shall take place until appropriate designs, based on<br />
expert advice, are incorporated into the proposed construction and development area to alleviate<br />
any landfill gas associated risks to the development. Such designs shall be submitted to and<br />
approved in writing by the local planning authority prior to the commencement of the development.<br />
Reason: To safeguard the living conditions of the future occupants of the land in the interests of<br />
public safety and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
15 No development approved by this permission shall be commenced until the application site has<br />
been subjected to a detailed investigation and recording of all potential contamination. The<br />
proposed methodology of the survey shall be submitted to and approved in writing by the local<br />
planning authority before any work commences. The findings of the survey shall be submitted to<br />
17
the local planning authority, together with full details of any de-contamination work proposed to<br />
deal with any contamination found by the survey. No work shall commence on site until all work<br />
to secure the de-contamination of the site to a condition suitable for its future use has been carried<br />
out to the satisfaction of the local planning authority and confirmed in writing as being completed.<br />
Reason: To safeguard the health of the future occupants of the land in the interests of public health<br />
and in order to comply with Policies E2, E10 and E13 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
16 The hours of opening of the premises and the hours during which deliveries are made to the<br />
premises shall be confined to within the period between 07.00 hours and 23.00 hours on any day<br />
and no customers shall be present at the premises or deliveries made to the premises outside that<br />
period.<br />
Reason: To protect the residential amenities of the occupiers of the adjacent properties and to<br />
comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
17 Development shall not commence until details of the fixed plant serving the development<br />
hereby permitted and any mitigation measures to achieve this condition, are submitted to and<br />
approved in writing by the local planning authority. The level of the noise emitted from the site<br />
shall not exceed 39dBA between 2300 hours and 0700 hours on all days and 42 dBA between 0700<br />
hours and 2300 hours on all days. The noise levels shall be determined by measurement or<br />
calculation at the nearest noise sensitive premises. The measurements and assessment shall be<br />
made according to BS 4142: 1997.<br />
Reason: To protect the amenity of the occupiers of the neighbouring properties and to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
18 No part of the development hereby approved shall be brought into use until cycle stands or<br />
secured covered cycle storage space has been provided for pedal cycles in accordance with details<br />
which have first been submitted to and approved in writing by the local planning authority and<br />
retained thereafter.<br />
Reason: So that the development provides for the needs of cyclists and provides a choice of modes<br />
of transport in accordance with <strong>Planning</strong> Policy Guidance Note 13: Transport.<br />
19 Prior to the commencement of the development hereby approved the developer shall submit an<br />
Energy Strategy for the site for the approval of the local planning authority. The strategy shall<br />
demonstrate how at least 10% of the predicted energy requirements of the development will be<br />
provided by on-site renewable energy sources. The development shall be implemented in<br />
accordance with the approved Energy Strategy.<br />
Reason: In order to ensure that a proportion of the energy needs of the development is provided by<br />
on-site renewables in order to comply with government policy on renewable energy.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policies R3, I3 & E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
18
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
5 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policies 4,14,16,7 & 21 of the Joint Lancashire Structure Plan. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
6 This permission does not grant or imply consent for any of the advertisement displays shown on<br />
the approved plans which will need to be the subject of a separate application for Advertisement<br />
Consent.<br />
________________________________________________________________________________<br />
11/07/0587<br />
62 Petre Crescent Rishton Blackburn BB1 4RB<br />
Erection of 2-storey side extension and single-storey rear extension<br />
Mr H Higham<br />
Site description and locality<br />
This application relates to a detached house with an attached single garage to the side, located in a<br />
line of similar properties on the southern side of Petre Crescent. The property is surrounded by<br />
19
other residential properties on the estate with open countryside to the south-east, at the rear of the<br />
house.<br />
Details of proposal<br />
The application proposes the erection of an extension to the side and continuing to the rear of the<br />
property, part single-storey and part two-storey. To the front, the proposed two-storey side<br />
extension would align with the existing front walls at ground and first floor levels. Both the singlestorey<br />
extension and the two-storey extensions would project 3.7m from the rear wall of the house,<br />
across the full width of the property.<br />
<strong>Planning</strong> history<br />
Nil<br />
Consultations<br />
British Waterways: No comments.<br />
Neighbouring properties notified: One letter of objection has been received from the occupier of<br />
the adjacent property, No.64, raising the following points:<br />
• He notes that the extension would not now come up to the boundary.<br />
• A two-storey extension overlapping the rear of his house is not acceptable. It would block<br />
out light from their conservatory and garden, and would seriously detract from the position<br />
they currently enjoy. They sanctioned the overlap at the front of the house in the<br />
expectation that there would need to be minimal effect on their property at the rear.<br />
• No.62 is built at a higher level than No.64 so even a single-storey extension could have an<br />
impact on No.64.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy E10 Scale, density, design<br />
Observations<br />
The scheme has been amended since originally submitted, by reducing the width of the side<br />
extension to retain a minimum gap of 1m to the boundary with No.64, thereby building on the<br />
footprint of the existing garage. To compensate for the space lost through the reduced width, the<br />
applicant proposes to extend the first floor extension rearwards to align with the single-storey rear<br />
extension, projecting 3.7m from the original rear wall of the property.<br />
The key issues for consideration in this case are the scale, design and appearance of the proposed<br />
extension, the impact on the property and on the surrounding area, and the impact on the amenities<br />
of neighbours.<br />
The proposed extension would be in keeping with the existing property, would not be excessive in<br />
scale, and would retain an adequate gap to the adjacent property. In my view, the proposal would<br />
not have a detrimental effect on the character and appearance of the property, nor on the area in<br />
20
general. While a garage would be lost at the property there is adequate off-street parking space on<br />
the driveway.<br />
The adjacent property, No.64, is set approximately 1.2m lower than No.62, and is also set 2.5m<br />
further back from the road than No.62. The rear elevations of both properties face south-east.<br />
There are no windows in the side elevation of No.64 facing onto the proposed extension, although<br />
No.64 has a conservatory to the rear. The rear line of the proposed extension would be set 0.7m<br />
beyond the main rear wall of No. 64, with a separation distance of 3.2m. Given the orientation and<br />
the relative positions of the two properties, I do not consider that the occupiers of No.64 would<br />
suffer significant loss of sunlight or of outlook as a result of the proposal. As now amended, I<br />
consider the proposed extension to be acceptable.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The facing and roofing materials to be used in the construction of the extension hereby approved<br />
shall match in colour and texture those used on the existing building.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
4 The development hereby permitted shall be carried out only in accordance with the location plan<br />
and plan no. 545/1 received on 18 September 2007 and the amended plan no. 545/4 received on 13<br />
December 2007.<br />
Reason: For the avoidance of doubt, since the originally submitted plan was subsequently amended<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
21
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0656<br />
Premier Mill Arthur Street Great Harwood Blackburn<br />
Erection of 24 No. houses and 16 No. apartments following demolition of mill (Amended<br />
Plans 11/06/0435)<br />
Barnfield & <strong>Hyndburn</strong> Development Partnership<br />
Site description and locality<br />
This application relates to a site of approximately 0.9ha formerly occupied by industrial premises<br />
known as Premier Mill (No.1). Premier Mill (No.2) lies to the east of the application site, and is<br />
not included within the application; its current industrial use is to continue. The site is surrounded<br />
to the north, west and south by residential properties in Arthur Street, Alexandra Place, Thorn<br />
Street, Poplar Avenue and Windsor Road.<br />
Details of proposal<br />
The application seeks permission for amendments to an approved scheme for residential<br />
development following the demolition of the mill, for which planning permission was granted in<br />
22
May 2007 (11/06/0435). The site is currently being cleared. The scheme involves the erection of<br />
24 houses in linked two- and three-storey blocks and a three-storey block of 16 apartments in the<br />
south-eastern part of the site. Access to the houses would be from Arthur Street and, to the<br />
apartments, from Hartley Street. The applicants propose amendments to the appearance of the<br />
buildings, and the deletion of a path providing access for maintenance.<br />
<strong>Planning</strong> history<br />
11/06/0435 Erection of 24 no. houses and 16 no. apartments on site of Premier Mill (re-submission<br />
of 11/05/0056). Approved conditionally 16.5.2007.<br />
11/05/0056 Erection of 29 no. dwellings and 18 no. apartments on site of demolished mill.<br />
Refused 21.7.2005.<br />
11/95/0252 Cladding of eastern elevation and creation of 4 no. window openings. Approved<br />
conditionally 30.8.1995.<br />
11/82/0582 Retention of security fencing. Approved conditionally 27.1.1983.<br />
Consultations<br />
Lancashire County <strong>Council</strong> (Highways): No objections, subject to condition requiring road layout<br />
completion before occupation.<br />
Lancashire County <strong>Council</strong> (Strategic): Given that there is an extant permission for residential<br />
development on the site, this application does not raise matters of strategic significance.<br />
Head of Environmental Health: Potential for landfill gas and contamination to be investigated.<br />
Senior Parks and Development Officer: Commuted sum of £73,160 required as a contribution in<br />
lieu of on-site public open space provision and for 10 year maintenance – this sum has already been<br />
paid.<br />
Neighbour notification/site notices: I have received a letter and 2 petitions bearing 109 and 58<br />
signatures from the OXO Redevelopment Residents Consultation Group (attached as Appendix 1)<br />
and 3 individual letters from neighbouring residents, raising the following points:<br />
• The application fails to consider the traffic impact on the surrounding areas. The burden of<br />
increased traffic flow from potentially the whole site would be placed on Arthur Street,<br />
which is already a congested highway, and the surrounding streets of Thorn Street and<br />
Poplar Avenue. There is not a separate vehicular access for the apartments via Hartley<br />
Street; the revised pinch point opens the entire site for access into Arthur Street. The<br />
proposed application for the new Tesco Supermarket will be an additional burden. Arthur<br />
Street cannot cope with any more traffic.<br />
• The “design statement” or justification statement is two years old and is inaccurate, not<br />
relating to the current application. As the mill has been demolished it is now open land<br />
with no derelict buildings.<br />
• It fails to meet the criteria of policies - JLSP, RSS and Local Plan.<br />
• In the published adopted version of the Great Harwood Plan - July 2006 - it states that “this<br />
plan has been written for and belongs to the residents and business people of Great<br />
Harwood. It is not a plan for <strong>Hyndburn</strong> <strong>Borough</strong> <strong>Council</strong> to implement”. There is no<br />
reference to the supplementary guidelines of 19 th July 2006 in its contents.<br />
• This application of affordable housing does not fall within the 300m criteria or add to the<br />
vitality and vibrancy of the town, so it is therefore non-compliant with the Supplementary<br />
<strong>Planning</strong> Guidance, which has never officially been adopted by the <strong>Council</strong> or by<br />
Lancashire County <strong>Council</strong>. The application exploits interpretation rather than complies<br />
with policies.<br />
23
• Although the housing requirement for <strong>Hyndburn</strong> is to be revised to 189 per year for 2003-<br />
2021 there is oversupply. Approved applications are in great excess, 96 (50% of an annual<br />
quota) of these have been approved for the Partnership within a twelve month period. The<br />
completed figures for the last year 2005-6 of 316 exceed the policy.<br />
• It fails to meet the housing needs of the <strong>Borough</strong>, which has an 80% population living in<br />
<strong>Council</strong> Tax bands A-C, which meet the criteria of affordable family housing. There is<br />
ample existing stock of affordable housing with additional new “Elevate” stock soon. The<br />
needs of the <strong>Borough</strong> are for privately-owned retirement accommodation, which is<br />
highlighted in a number of reports held on file by the <strong>Council</strong>.<br />
• The houses are not in keeping with those in the area.<br />
• The apartment block which overlooks the rear of properties on Windsor Road has been<br />
amended to include first floor double doors in the rear elevation. These would overlook her<br />
rear yard area and look directly into her property through both first floor rear bedroom<br />
windows.<br />
Relevant policies<br />
Joint Lancashire Structure Plan<br />
Policy 12 Housing provision<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
H2 Housing windfall sites<br />
H5 Open space in residential developments<br />
I3 Employment land<br />
E10 Scale, density, design<br />
SPG for New Residential Developments in <strong>Hyndburn</strong><br />
Observations<br />
This application seeks approval for amendments to the planning permission granted in May 2007,<br />
involving:<br />
• Alterations to the shapes and positions of windows and doors.<br />
• Alterations to the porch roofs/canopies.<br />
• The deletion of timber boarding to front elevations.<br />
• The deletion of an enclosed path along part of the eastern boundary of the site, which was to<br />
provide maintenance access to the adjacent industrial building.<br />
The principle of development has already been accepted through the previous grant of permission,<br />
and the applicants have the “fall back” position of being able to implement the approved scheme<br />
should the current application be refused. The revised proposals do not result in any change in the<br />
acceptability of the development in terms of housing and employment land policies, and the fact<br />
that the mill has now been demolished to create a vacant site is not relevant in dealing with the<br />
current application. The approved road layout is unchanged in the current application, and<br />
Lancashire County <strong>Council</strong> has raised no objections on highway grounds. In determining this<br />
application, it is appropriate to consider only the impact of the proposed changes on the design and<br />
appearance of the development, and on the amenities of neighbouring residents.<br />
The revised elevational treatment of the proposed dwellings is more traditional in appearance than<br />
the approved scheme, with window sizes, shapes and positions, the design of the porch<br />
roofs/canopies and the materials used all being in keeping with the character and appearance of the<br />
24
surrounding area. The changes would not, in my opinion, have a detrimental effect on the outward<br />
appearance of the development, and I consider the changes to be acceptable.<br />
The path which would have been provided in the approved scheme along part of the eastern<br />
boundary of the site was to enable access to the side of the adjacent industrial building for<br />
maintenance purposes. It would have been locked at each end and would not have been for public<br />
access. The applicants, concerned about the security aspects of having an enclosed area adjacent to<br />
the curtilage of a dwelling, wish to delete the path. The path would have no benefit to the general<br />
public, and I consider it acceptable that it be deleted.<br />
The application has been revised since originally submitted, replacing rear-facing double height<br />
windows with conventional windows in the first floor of the apartment block, and this change<br />
satisfactorily addresses the concerns of overlooking raised by the occupier of a property on<br />
Windsor Road. In my opinion, neighbouring residents would not suffer loss of amenity as a result<br />
of the proposed development.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
4 The development hereby permitted shall be carried out only in accordance with the plans<br />
submitted on 8.10.2007, with exception of the amended plans nos. 2007/34/AP04B &<br />
2007/34/AP02C received on 13.12.2007<br />
Reason: For the avoidance of doubt, since the originally submitted plan was subsequently amended<br />
5 The development hereby approved shall not commence until plans of the site showing details of<br />
the existing and proposed ground levels, proposed finished floor levels, levels of any paths, drives,<br />
garages and parking areas and the height of any retaining walls within the development site have<br />
been submitted to and approved in writing by the local planning authority. The development shall<br />
thereafter be carried out in complete accordance with the approved details.<br />
25
Reason: To ensure that the development is carried out at suitable levels in relation to adjoining<br />
properties and highways in accordance with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
6 Prior to the commencement of the development full details of all surfacing materials to be used<br />
on all hard-surfaced areas of the development outside the buildings shall be submitted to and<br />
approved in writing by the local planning authority.<br />
Reason: In the interests of the visual amenities of the locality as inadequate details of these matters<br />
have been submitted with the application and in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan<br />
7 The garage hereby approved shall be kept freely available for the parking of cars , and shall not<br />
be converted or altered to form an additional room within the dwelling without the submission and<br />
grant of a planning permission for that purpose by the local planning authority.<br />
Reason: To ensure adequate off street parking is maintained and thereby avoid hazards caused by<br />
on-street parking, and in order to comply with Policies E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
8 Notwithstanding Article 3 of the Town and Country <strong>Planning</strong> (General Permitted Development)<br />
Order 1995 no development shall take place within the curtilage of the dwelling hereby approved in<br />
accordance with Classes A, B, C, D or E of part 1 of Schedule 2, unless a planning application for<br />
that development has been submitted to and approved by the local planning authority.<br />
Reason: In order to prevent the over development of this restricted site and in order to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan .<br />
9 The application site is near to a former landfill site. Prior to any development taking place, a<br />
comprehensive landfill gas site investigation and assessment shall be carried out to determine<br />
whether or not the site is, or would have the potential to be, affected by subterraneous landfill gas<br />
migration from the nearby landfill site. The survey methodology shall be agreed in writing by the<br />
local planning authority prior to the survey work commencing. Should the site investigation prove<br />
the presence of landfill gas then no development shall take place until appropriate designs, based on<br />
expert advice, are incorporated into the proposed construction and development area to alleviate<br />
any landfill gas associated risks to the development. Such designs shall be submitted to and<br />
approved in writing by the local planning authority prior to the commencement of the development.<br />
Reason: To safeguard the living conditions of the future occupants of the land in the interests of<br />
public safety and in order to comply with Policies E2 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local<br />
Plan.<br />
10 No development approved by this permission shall be commenced until the application site has<br />
been subjected to a detailed investigation and recording of all potential contamination. The<br />
proposed methodology of the survey shall be submitted to and approved in writing by the local<br />
planning authority before any work commences. The findings of the survey shall be submitted to<br />
the local planning authority, together with full details of any de-contamination work proposed to<br />
deal with any contamination found by the survey. No work shall commence on site until all work<br />
to secure the de-contamination of the site to a condition suitable for its future use has been carried<br />
out to the satisfaction of the local planning authority and confirmed in writing as being completed.<br />
26
Reason: To safeguard the health of the future occupants of the land in the interests of public health<br />
and in order to comply with Policies E2, E10 and E13 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
11 Prior to the commencement of development a satisfactory programmed landscaping scheme<br />
shall be submitted to and approved in writing by the local planning authority. The approved<br />
scheme shall be implemented during the first planting season following the completion of<br />
development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or<br />
destroyed in the first five year period commencing with the date of planting shall be replaced by the<br />
applicants or their successors in title.<br />
Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the<br />
locality, and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
12 Notwithstanding the provisions of the Town and Country <strong>Planning</strong> (General Permitted<br />
Development) Order 1995 (or any Order or Statutory Instrument revoking and re-enacting that<br />
Order), details of the position, type and height of all fences and walls to be erected on the site shall<br />
be submitted to and approved in writing by the local planning authority prior to installation.<br />
Reason: No details of fences and walls have been submitted with the application and in the interests<br />
of the visual amenities of the area, and in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
13 Before the development hereby approved is first brought into use the car parking area hatched<br />
in blue on the approved plan shall be hardsurfaced and marked out as indicated on the approved<br />
plan to the satisfaction of the local planning authority. The car park shall be made available at all<br />
times that the premises are in use for the parking of private cars only.<br />
Reason In order to ensure that there is adequate car parking provision clear of the public highway in<br />
the interests of the safety of users of the highway and in order to comply with Policies E10 and<br />
TR7 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
14 Before the development hereby approved is first brought into use all window(s) shown hatched<br />
green on the approved plans, and any subsequent replacements, shall be glazed with obscure glass,<br />
which shall be retained thereafter.<br />
Reason: To protect the privacy of the occupiers of adjacent property and in order to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
15 Unless provision is made in a programme of work which has been first submitted to and<br />
approved in writing by the local planning authority, no part of the development hereby permitted<br />
shall be occupied until the carriageways, footways and traffic calming measures of the proposed<br />
access road, and the street lighting thereof, have been laid out, constructed, completed and<br />
commissioned in accordance with the layout and details shown on the approved drawings.<br />
Reason: In the interest of highway safety, and in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
27
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policies H2, H5, I3 & E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan and the Supplementary<br />
<strong>Planning</strong> Guidance for New Residential Development in <strong>Hyndburn</strong>. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0692<br />
Cannon Street Baptist Church Cannon Street Accrington BB5 1NJ<br />
Conversion of church into 16 No. residential apartments (Resubmission 11/07/0388)<br />
Y & Y Developments Ltd<br />
Application 11/07/0694 the application for Listed Building Consent relating to this development is<br />
also before committee for consideration.<br />
28
Site description and locality<br />
The Baptist Church is a large grade II listed chapel located centrally on the north side of Cannon<br />
Street opposite the former Conservative Club and adjacent to Cannon Street <strong>Council</strong> Offices. This<br />
property, the <strong>Council</strong>’s own offices and the Conservative Club create an attractive historic core to<br />
Cannon Street which is further enhanced by a number of protected trees on the church site. The<br />
site and surrounding area are within the Accrington Town Centre Conservation Area.<br />
Details of proposal<br />
The applicant seeks permission to re-use the existing church for residential purposes. The<br />
application details the installation of 16 units comprising 5 three-bedroom, 7 two-bedroom and 4<br />
one-bedroom units. To accommodate the proposed units the developer seeks to subdivide the<br />
existing church but also to insert a number of roof lights.<br />
The church itself although structurally sound is currently in a dilapidated and fire damaged state<br />
and, despite its listing, has endured a number of historic unsympathetic interventions. Principally<br />
the transept has been divided from the nave and a concrete mezzanine first floor has been installed.<br />
<strong>Planning</strong> history<br />
An application was made earlier this year (11/07/0388) for the same proposal. However this was<br />
withdrawn by the applicant to allow an opportunity to respond to comments made by the Victorian<br />
Society and the <strong>Council</strong>’s Conservation Officer<br />
Consultations<br />
Site notices were placed and neighbours were consulted by letter however no objections were<br />
received from members of the public.<br />
The Victorian Society raised a number of concerns as follows:<br />
• While the current proposals are an improvement on the earlier submission, the proposed use<br />
is fundamentally harmful to the special character of the church and conversion would have a<br />
severely negative impact on the listed building.<br />
• That the intensity of the proposed use, which are as intensive as we have seen anywhere in<br />
the country, would only be acceptable as a last resort.<br />
• Very limited full height space is to be retained. This will not allow any part of the nave<br />
arcades – key features of a basilican-plan building – to be read.<br />
• The 20 roof lights will irreversibly alter the appearance of the building.<br />
• There is near-complete loss of the interior and serious damage to the external appearance of<br />
the building.<br />
Lancashire County <strong>Council</strong> (Resources Directorate): requests financial contribution of £7,680<br />
towards Waste Management infrastructure.<br />
Lancashire County <strong>Council</strong> (Strategic): Would add to the oversupply of housing units but it could<br />
be argued to facilitate regeneration. Renewable Energy requirements. Ecological survey<br />
concerning bats.<br />
Lancashire County <strong>Council</strong> (Archaeology): Condition recommended concerning a photographic<br />
record of the building.<br />
29
Relevant Policies<br />
Joint Lancashire Structure Plan<br />
Policy 12 - Housing supply<br />
Policy 21 – Protection of Landscape and Heritage<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy E10 – Development Policies<br />
Policy E6 – Listed Buildings<br />
SPG: New Residential Development in the <strong>Borough</strong><br />
Observations<br />
This application deals with the proposed renovation and re-use of one of Accrington’s most<br />
important landmark buildings. Located within the Accrington Town Centre Conservation Area on<br />
Cannon Street and approximately opposite the Conservative Club (also grade II listed) the Baptist<br />
Church and particularly its magnificent steeple form a recognisable part of the fabric of Accrington.<br />
Set within modest grounds and surrounded by protected trees the Church dates from 1873 and is of<br />
a typical sandstone wall and slate roof structure. In essence the external elevations have remained<br />
unchanged since the building was built but recent vacancy of the site has resulted in an increasingly<br />
tawdry appearance to the grounds and the building itself precipitated by instances of vandalism.<br />
The applicant proposes to re-use the church in constructing 16 residential apartments which raises a<br />
number of policy concerns principally relating to the proposed residential use and the listed context<br />
of the building. The possibility of other uses on the site, including a mixed residential/office<br />
scheme, have been explored with the applicants but they have indicated that they do not consider<br />
such a scheme as being viable. Firstly I can advise that the proposal is considered to be acceptable<br />
in terms of the <strong>Council</strong>’s adopted SPG on New Residential Development as it falls within one of<br />
the identified exceptions – the proposal would secure the future of a listed building within the<br />
conservation area.<br />
As the building is listed the authority also must consider the proposals against Policy E6 of the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan which secures that proposals which are harmful to the character of a<br />
listed building are not considered acceptable. Specifically the policy states that “the council will<br />
safeguard listed buildings and structures by strict control of development proposals in relation to<br />
the structure or development on neighbouring sites.”<br />
As detailed above it is clear that the Victorian Society in considering the proposals feel that the<br />
development as it stands has an unacceptable impact on the listed building. The comments of the<br />
Victorian Society carry significant weight and the proposals will clearly have a significant impact<br />
on both the internal layout and form of the building and, particularly with regard to the number of<br />
roof lights proposed, significantly impact on the external appearance of the building.<br />
While taking serious note of the views of the Victorian Society I consider that there are other issues<br />
which need to be weighed in the balance. In particular I would advise members that although<br />
residential use is recognized as an intensive use of such spaces I feel that the historic and<br />
inappropriate interventions which have already taken place within the church have already<br />
damaged the internal form of the building. I would suggest that internally significant harm has<br />
already been done to the internal layout of the church and that consequently further loss of the<br />
historic plan form would bring about little further damage to the special character of the church.<br />
30
While the form of the church has already been significantly damaged it is important to safeguard as<br />
far as possible the external appearance of the church both in terms of the listed building itself and in<br />
the context of the surrounding conservation area. The form, design and bulk of the existing<br />
building and the prominent church spire are all important elements in the conservation area.<br />
Although the applicant advises that surveys show the spire to be secure it would be hard to<br />
envisage a use other than residential which could support the maintenance of such a structure in the<br />
long term. Notwithstanding the above it is clear that the applicant and his agents have endeavoured<br />
to respond favourably to the initial comments of the Victorian Society and indeed have altered the<br />
scheme significantly to remove two thirds of all roof lights initially proposed and to include a full<br />
height entrance lobby which would allow the ongoing full height viewing of the stained glass<br />
window fronting Cannon Street and the installation of one of the pews.<br />
Overall my own assessment would recommend that this proposal be given favourable<br />
consideration. At the present time I have concerns about a number of important buildings with the<br />
Acc Town Centre Conservation Area. I am particularly mindful of recent thefts of building<br />
materials from the Conservative Club, which has been vacant for many years and is itself<br />
deteriorating. A future viable use for that building will not be easy to achieve. There has also been<br />
unauthorised access at the former Lar-de-dars nightclub, which has again been vacant for some<br />
time and is not in good condition. The former Opium Club on Willow Street has been seriously fire<br />
damaged and is presently disused. In these circumstances, although I recognize that this current<br />
scheme for the Baptist Church is not the most sympathetic approach to the listed building I would<br />
suggest that it is at least a deliverable and pragmatic approach to finding a sustainable permanent<br />
use for a difficult location which should be a priority. I consider that it is vital to see investment<br />
into these important buildings in the conservation area if the area is not to deteriorate.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 Prior to the commencement of the development hereby approved details of the cross-sections of<br />
the windows frames, conservation roof lights and rainwater goods shall be submitted to and<br />
approved in writing by the local planning authority. The development shall be constructed in<br />
accordance with the approved details to the satisfaction of the local planning authority.<br />
31
Reason: Inadequate details of these matters have been submitted with this application and in the<br />
interests of the visual amenities of the locality in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
4 No vehicles, equipment or materials may enter the site, and no construction work may<br />
commence on site until protective fencing has been erected around the trees to be retained on site.<br />
All existing trees shown on the plans hereby approved as being retained on site shall be protected<br />
by fencing in accordance with BS5837:1991 'Trees In Relation To Construction', in accordance<br />
with a scheme and specification which shall have been submitted to and approved in writing by the<br />
local planning authority. Within the protected area(s) there shall not be carried out or permitted,<br />
during the construction period, any building or other operations, parking or passage of vehicles, or<br />
storage of building or other materials or any other object.<br />
Reason: To ensure that the trees on the site are protected during construction works in the interests<br />
of local amenity, and in order to comply with Policy E3 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
5 Prior to the commencement of development a satisfactory programmed landscaping scheme<br />
shall be submitted to and approved in writing by the local planning authority. The approved<br />
scheme shall be implemented during the first planting season following the completion of<br />
development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or<br />
destroyed in the first five year period commencing with the date of planting shall be replaced by the<br />
applicants or their successors in title.<br />
Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the<br />
locality, and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
6 Prior to the commencement of the development hereby approved, a survey shall be conducted<br />
by a competent person, to investigate whether the building is utilised by bats or any other protected<br />
species. Once complete the survey results shall be submitted to the local planning authority for<br />
assessment. If such a use is established then, before any works commence, the applicant shall<br />
submit a scheme to provide an alternative nesting/roosting site within the building to the local<br />
planning authority for approval. The approved scheme shall be implemented to the satisfaction of<br />
the local planning authority before any of the apartments hereby approved are first occupied.<br />
Reason: All species of bat are specially protected under the terms of the Wildlife and Countryside<br />
Act 1981 (as amended).<br />
7 Prior to the commencement of development, hereby approved, a satisfactory photographic<br />
record of the building, details which shall be agreed in writing by the local planning authority, shall<br />
be made and deposited with the local planning authority.<br />
Reason: In order to maintain an archive record of this listed building prior to any alterations taking<br />
place.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
32
of Policies E6 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0694<br />
Cannon Street Baptist Church Cannon Street Accrington BB5 1NJ<br />
Listed Building Consent: Conversion of Church into 16 No. residential apartments including<br />
internal and external alterations (Resubmission 11/07/0390)<br />
Y & Y Developments Ltd<br />
Application 11/07/0692, the application for planning permission for this development is also before<br />
committee for consideration. All relevant information referring to this application for Listed<br />
Building Consent is as set out in the application for planning permission (11/07/0692) and therefore<br />
is not repeated here.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
33
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 Prior to the commencement of development, hereby approved, a satisfactory photographic<br />
record of the building, details which shall be agreed in writing by the local planning authority, shall<br />
be made and deposited with the local planning authority.<br />
Reason: In order to maintain an archive record of this listed building prior to any alterations taking<br />
place.<br />
4 Prior to the commencement of the development hereby approved details of the cross-sections of<br />
the windows frames, conservation roof lights and rainwater goods shall be submitted to and<br />
approved in writing by the local planning authority. The development shall be constructed in<br />
accordance with the approved details to the satisfaction of the local planning authority.<br />
Reason: Inadequate details of these matters have been submitted with this application and in the<br />
interests of the visual amenities of the locality in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policies E6 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
34
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0697<br />
Land at Back Lane Baxenden<br />
Erection of 3 No dwellings<br />
Mr A Sanderson<br />
Site description and locality<br />
The application site is located between the back street of properties on the eastern side of<br />
Manchester Road and Back Lane. Formerly the location was used for lock-ups and garages but is<br />
now predominantly vacant and characterised by an un-cared for appearance. The land has been<br />
neglected in recent times and become the subject of persistent vandalism and unauthorised access.<br />
There is a terrace of mainly houses on Manchester Road, but including a number of commercial<br />
properties, to the south-west. There are more residential properties across Back Lane on Shelley<br />
Drive. To the south-east there is a vacant site and playground.<br />
Details of proposal<br />
The applicant seeks to establish permission for three detached, three-bedroom, two-storey<br />
properties but with a third bedroom accommodated within the roof space. One access cul-de-sac is<br />
proposed from Back Lane. The applicant has used the triangular shape of the plot to off-set the<br />
orientations of the proposed dwellings and thus, although in close proximity to each other, achieve<br />
adequate levels of privacy. In terms of design the applicant has demonstrated an appreciation of the<br />
surrounding vernacular and detailed natural coursed stone as well as traditional detailings such as<br />
stone heads, sills and jambs around the windows to all elevations.<br />
<strong>Planning</strong> history<br />
There is no planning history with this site.<br />
35
Consultations<br />
Lancashire County <strong>Council</strong> (Highways): Any comments will be reported at the committee<br />
meeting.<br />
Neighbours were consulted by letter and one letter was received in reply, while not objecting to the<br />
proposals, raising concerns as follows:<br />
• That during construction access may be blocked to the rear yards of Manchester Road.<br />
• That the junction of Back Lane and Southwood Drive may be blocked during construction.<br />
• Potential loss of amenity during construction.<br />
Relevant policies<br />
Joint Lancashire Structure Plan<br />
Policy 12 – Housing<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy E10 – Development Policies<br />
Policy H2 – Housing infill<br />
SPG on New Residential Developments in the <strong>Borough</strong><br />
Observations<br />
The applicant seeks to erect three new dwellings in a discreet residential location within the urban<br />
area. The site is currently a vacant plot formerly used for garages and lock-ups but now cleared to<br />
prevent repeated break-ins and vandalism.<br />
The application raises a number of policy concerns; foremost with regard to the <strong>Council</strong>’s adopted<br />
SPG on New Residential Development. To that end I can confirm that the identified exception<br />
allowing for infill development up to five units would be applicable in this instance. Consequently<br />
the main issue for the <strong>Council</strong>’s consideration in this matter is the design of the proposed<br />
dwellings, access, any impact on the amenity of surrounding residents and any other issues raised<br />
by objectors.<br />
With regard to the design of the development I can confirm that the proposal represents an<br />
acceptable response to the environment presented and is particularly satisfactory in its use of<br />
natural stone throughout. Although the proposed does show hipped roofs on the dwellings, which<br />
are not typical of the area, it is felt that these would provide a satisfactory transition from the<br />
sharper ridges and more significant massing of the terraced properties on Manchester Road to the<br />
lower, less densely developed bungalow properties off Southwood Drive and would consequently<br />
be acceptable. Adequate levels of privacy are identified throughout and parking is considered to be<br />
sufficient for the area and the type of resident that such properties might expect to attract. I would<br />
therefore advise that the proposal conforms to Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
The dwellings have been carefully orientated to minimise overlooking between the dwellings<br />
themselves and between the new dwellings and other surrounding properties. Amendments have<br />
been made to windows to reduce overlooking. Each dwelling will have two off-street paring<br />
36
spaces. The proposals are therefore acceptable in terms of Policy H2 of the <strong>Hyndburn</strong> <strong>Borough</strong><br />
Local Plan.<br />
One letter has been received raising issues principally with the development phase of any scheme<br />
which may be approved, citing concerns over adequate access to the rear of yards on Manchester<br />
Road and around the wider area in general. In the main this is not a planning consideration in that<br />
no developer has any right to obstruct the adjoining highways including the back street. Such<br />
concerns should not prevent the approval of this application which will be a significant<br />
environmental improvement to the area although conditions can be imposed concerning hours of<br />
construction and the requirement for wheelwashing facilities. In the light of the above arguments<br />
and in the absence of any other considerations which weigh significantly against the proposal I<br />
recommend the application for approval.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The development hereby approved shall not commence until plans of the site showing details of<br />
the existing and proposed ground levels, proposed finished floor levels, levels of any paths, drives,<br />
garages and parking areas and the height of any retaining walls within the development site have<br />
been submitted to and approved in writing by the local planning authority. The development shall<br />
thereafter be carried out in complete accordance with the approved details.<br />
Reason: To ensure that the development is carried out at suitable levels in relation to adjoining<br />
properties and highways in accordance with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
4 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
5 Prior to the commencement of the development hereby approved details of the cross-sections of<br />
the windows frames and rainwater goods shall be submitted to and approved in writing by the local<br />
planning authority. The development shall be constructed in accordance with the approved details<br />
to the satisfaction of the local planning authority.<br />
37
Reason: Inadequate details of these matters have been submitted with this application and in the<br />
interests of the visual amenities of the locality in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
6 Notwithstanding Article 3 of the Town and Country <strong>Planning</strong> (General Permitted Development)<br />
Order 1995 no development shall take place within the curtilage of the dwelling hereby approved in<br />
accordance with Classes A, B, C, D, E, F, G, or H of part 1 of Schedule 2, unless a planning<br />
application for that development has been submitted to and approved by the local planning<br />
authority.<br />
Reason: In order to prevent the over development of this restricted site and in order to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan .<br />
7 Prior to the commencement of development a satisfactory programmed landscaping scheme<br />
shall be submitted to and approved in writing by the local planning authority. The approved<br />
scheme shall be implemented during the first planting season following the completion of<br />
development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or<br />
destroyed in the first five year period commencing with the date of planting shall be replaced by the<br />
applicants or their successors in title.<br />
Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the<br />
locality, and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
8 Before any of the dwellings hereby approved is first occupied, fences and walls of a height and<br />
type to be approved in writing by the local planning authority shall be erected on the site as<br />
indicated on the approved plan.<br />
Reason: In order to secure a complete and satisfactory form of development in particular having<br />
regard to the amenities of the adjacent residential properties, and in order to comply with Policy<br />
E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
9 No construction work, construction traffic or operation of any plant/machinery shall take place<br />
on the site during the course of the development hereby approved except between the hours of 0700<br />
hours and 1700 hours Monday to Saturday. No construction work, construction traffic or operation<br />
of any plant/machinery shall take place on Sundays or Public Holidays.<br />
Reason: In order to protect the residential amenity of the occupiers of the adjacent properties.<br />
10 Before any construction or engineering works commence on site details of facilities for the<br />
washing of the wheels of vehicles before leaving the site shall be submitted to and approved in<br />
writing by the local planning authority. The approved facilities shall be installed before any<br />
engineering or construction work commences on site and shall be retained for the full construction<br />
period.<br />
Reason To avoid the possibility of the public highway being affected by the deposit of mud and/or<br />
loose materials which could create a potential hazard to road users.<br />
38
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policies H2 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan and the <strong>Council</strong>'s Supplementary<br />
<strong>Planning</strong> Guidance on New Residential Developments in the <strong>Borough</strong>. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0711<br />
10 Paynter Close Clayton Le Moors Accrington BB5 5WY<br />
Erection of conservatory to rear<br />
Mr & Mrs Richardson<br />
Site description and locality<br />
The property is a detached residence in a cul-de-sac of a residential neighbourhood and is<br />
surrounded on all sides by other detached houses.<br />
39
Details of proposal<br />
The application proposes the erection of a rear conservatory, projecting 3.5m beyond the rear wall<br />
of the property and extending 3.5m across the back width of the property. At the rear of the<br />
application property there is a 1.8m high wooden fence all the way round the rear garden. The<br />
garden slopes down towards the rear fence and there is approx 0.6m drop to the adjoining<br />
properties on Moorside Drive.<br />
<strong>Planning</strong> history<br />
Nil.<br />
Consultations<br />
Neighbour Consultations: 1 Letter of objection raising the following points.<br />
• The slope of the site means the conservatory will be at a higher level than their property,<br />
this combined with the extension towards the rear boundary will cause overlooking and<br />
invasion of privacy.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> <strong>Council</strong> Local Plan<br />
Policy E10- Development policies<br />
Observations<br />
The proposed development is in line with the design guidelines for conservatories and the general<br />
practice used in the borough for the assessment of such applications. The facing materials to be<br />
used will match the existing house. The conservatory will project 3.5 metres from the rear wall of<br />
the house. Appropriate distances have been left between the proposed development and the<br />
neighbouring properties at each side, in particular in view of the 1.8m high perimeter fence<br />
surrounding the rear garden. The design is acceptable in terms of policy and does not warrant any<br />
amendments.<br />
There was originally a distance of 21.5m between the rear walls of the application property and<br />
those houses on Moorside Drive to the rear. With the erection of the proposed conservatory and the<br />
existing conservatory at 15 Moorside Drive this distance will reduce to approximately 15 metres.<br />
However, even with the addition of the two conservatories, the distance retained between the<br />
properties remains sufficient in particular as these are only single storey extensions.<br />
However, there is a sloping drop of approximately 0.6m between No 15 Moorside Drive and the<br />
applicant’s house. I do not believe that this drop will mean that the conservatory will have a<br />
significantly negative impact on the neighbour’s amenities, cause overlooking or invasion of<br />
privacy. The fence, along with the distances retained between the properties means there is little<br />
chance of overlooking or an overtly negative impact on the residents of No. 15 Moorside Drive.<br />
The objectors will be able to see the top part of the conservatory but this alone is not sufficient to<br />
refuse planning permission. I therefore recommend the application for conditional approval.<br />
40
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The facing materials to be used in the construction of the extension hereby approved shall match<br />
in colour and texture those used on the existing building.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
41
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0719<br />
Land at junction of Town Hall Street and Game Street Great Harwood Blackburn<br />
Demolition of derelict building and erection of two-storey office building with<br />
accommodation in roof space (Resubmission 11/07/0530)<br />
K & K Estates<br />
Site description and locality<br />
This application relates to a site measuring approximately 110m² located at the junction of Town<br />
Hall Street and Game Street. The site has frontages of 10m to both streets and is currently<br />
occupied by a single storey building which is now vacant but was previously used as a vehicle<br />
depot.<br />
There is an electricity sub station immediately to the west of the site, with residential properties<br />
beyond, and residential properties to the south on the opposite side of Game Street. Land to the<br />
north is currently vacant, but has planning permission for the erection of nine flats, and the land to<br />
the east is used as a skate park.<br />
Details of proposal<br />
The application seeks permission for the demolition of the existing building on the site and the<br />
erection of an office building which would be two-storey with accommodation in the roof space.<br />
<strong>Planning</strong> history<br />
11/07/0530 Demolition of derelict building and erection of two storey office building with attic.<br />
Withdrawn 24.9.2007.<br />
Consultations<br />
Lancashire County <strong>Council</strong> (Highways): No objections, developer to bear cost of footway<br />
resurfacing.<br />
Neighbouring properties notified/site notice displayed: One letter of objection has been received<br />
from the occupier of a property on Game Street, raising the following points:<br />
42
• This three storey office block would block off the light at the front of her property, which is<br />
directly opposite. As the property is a small terraced house, the front is the main part of the<br />
house.<br />
• Windows in the offices would be directly opposite her bedroom window and will affect her<br />
privacy.<br />
• The development would not be in character with other properties on Game Street.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy E10 Scale, density, design<br />
Observations<br />
The key issues for consideration in this case are the acceptability of the proposal in policy terms,<br />
the design, appearance and scale of the proposed development, its impact on the character and<br />
appearance of the area, and the impact on the amenities of neighbouring residents.<br />
The site lies within an area of mixed use, including residential, retail, office and recreational uses,<br />
and has been used in the past for storage/industrial purposes. It lies within the shopping area of<br />
Great Harwood as defined in the Proposals Map of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. Office uses<br />
are considered appropriate within town centre sites such as this, and <strong>Planning</strong> Policy Statement 6:<br />
<strong>Planning</strong> for Town Centres encourages the more efficient use of land and buildings within town<br />
centres through redevelopment where appropriate. The scheme involves the provision of 240m² of<br />
office space over three floors, with an estimated 12 staff to be employed at the premises. In my<br />
opinion, the proposed development is acceptable in principle in policy terms, and would bring<br />
welcome investment into the town centre.<br />
The footprint of the proposed building would measure 10m x 9-10m, slightly larger than that of the<br />
existing building on the site. The existing building is single-storey with a flat roof 3.7m high,<br />
whilst the proposed building would be two-storey with accommodation in the roof space and a<br />
ridge height of 10.2m. Although the residential properties to the south and immediately to the west<br />
of the site are two-storey, there are existing three-storey properties in the town centre, including<br />
nearby properties on Game Street/Blackburn Road, and the adjoining site on Town Hall Street has<br />
planning permission for a three-storey development of flats with a maximum height 1m higher than<br />
proposed in this scheme. In my opinion, in terms of streetscape, the scale of the development is not<br />
excessive in this town centre location.<br />
The proposed building would be constructed of artificial stone and slate, with detailing of stone<br />
quoins and parapet coping. In design and appearance it would be appropriate in this location and<br />
would positively enhance the character and appearance of the area.<br />
There are residential properties directly across Game Street and also to the west of the site, beyond<br />
the sub station. The minimum separation distance to the properties across Game Street is 11m,<br />
which is the same separation between the existing residential properties on the opposite sides of<br />
Game Street. There would be some loss of amenity to the occupiers of the Game Street properties<br />
due to the limited separation distance and the height of the proposed building, but in my opinion<br />
this would not be of sufficient degree to warrant refusal. The scheme has been designed to include<br />
only high-level windows facing onto the Game Street properties and onto the new flat development<br />
to the rear, and this would prevent overlooking. The proposal is likely to result in some increased<br />
43
activity in the immediate area, but given the town centre location this would not have a significant<br />
impact on the amenities of neighbouring residents.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The development hereby permitted shall be carried out only in accordance with the amended<br />
plans nos. M2564-03A & M2564-05A received on 13 December 2007.<br />
Reason: For the avoidance of doubt, since the originally submitted plan was subsequently amended<br />
4 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
5 Prior to the commencement of the development hereby approved details of the cross-sections of<br />
the windows frames shall be submitted to and approved in writing by the local planning authority.<br />
The development shall be constructed in accordance with the approved details to the satisfaction of<br />
the local planning authority.<br />
Reason: Inadequate details of these matters have been submitted with this application and in the<br />
interests of the visual amenities of the locality in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
44
2 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
3 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
4 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
5 The applicant is advised that the footway resurfacing work will be undertaken by Lancashire<br />
County <strong>Council</strong>, the highway authority, at the developer's cost. Arrangements should be made by<br />
contacting Lancashire County <strong>Council</strong> Highways <strong>Hyndburn</strong>, Willows Lane depot, Willows Lane,<br />
Accrington, BB5 0RT<br />
________________________________________________________________________________<br />
11/07/0728<br />
9 Lindadale Avenue Accrington BB5 0NG<br />
Erection of two storey side and single store rear extensions<br />
Mr N Khan<br />
Site description and locality<br />
This application relates to a semi-detached located on the eastern side of Lindadale Avenue,<br />
Accrington in an area which is wholly residential in character.<br />
Details of proposal<br />
The application proposes the erection of a two-storey side extension which would project 2.4<br />
metres from the existing main side wall and replace a smaller single storey side extension. The<br />
45
front elevation of the proposed extension has been detailed to be set back by 1.0 metres from the<br />
front elevation at first floor level with a canopy roof proposed over the ground floor. The proposal<br />
also includes a single storey rear extension along the full width of the building (7.55 metres wide)<br />
and projecting 3m out from the rear main wall of the house.<br />
The proposed extensions will provide extra kitchen and living accommodation at ground floor level<br />
with two further bedrooms at first floor level. The facing and roofing materials are to match those<br />
on the existing house.<br />
<strong>Planning</strong> history<br />
Nil<br />
Consultations<br />
Head of Environmental Health – Requires condition relating to the incorporation of a gas proof<br />
membrane to prevent protection against the ingress of landfill gas.<br />
Neighbours notified – 1 letter received making the following comments:<br />
• The building work they are asking to be done will take the light from both my dining room<br />
and kitchen.<br />
• I also have a new baby on the way, and building work is going to disrupt any routine the<br />
baby may have due to noise levels.<br />
• Parking is already an issue on this street and if building work was to commence, due to the<br />
extra vehicles this would involved, parking would then be impossible.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan:<br />
Policy E10 – Scale, density, design<br />
Observations<br />
The key issues for the <strong>Council</strong>’s consideration in this case are the design and appearance of the<br />
proposed extension, its impact upon the character of the area, and in particular the potential that the<br />
approval may result in a proliferation of such designs which could create a “terracing effect” and<br />
significantly alter the character of the area. In addition any impact on neighbouring properties and<br />
loss of car space needs to be considered.<br />
The <strong>Council</strong>’s design guidance for side extensions to semi-detached dwellings requires that the first<br />
floor of a two-storey side extension is set back by 2 metres from the front elevation. This is<br />
required in order to ensure that there is no unacceptable impact on the general street scene by the<br />
inappropriate linking up of house frontages to create a terrace effect. The first floor of the side<br />
extension of this scheme is set back by 1 metre but the properties on this avenue comprise a<br />
mixture of semi-detached houses and a row of quasi semi-detached houses which are at different<br />
angles and as a result there is no potential for linking up of house frontages I therefore consider that<br />
the 1 metre setback is acceptable in terms of maintaining the appearance of separation between<br />
houses.<br />
46
The single storey rear extension projects 3 metres from the rear main wall of the house and this is<br />
generally considered to be acceptable in design terms and similar in size to many other extensions<br />
which benefit from Permitted Development rights or which have previously been approved by the<br />
authority.<br />
There is currently no off-road parking provided at the property so there is no loss of off-road<br />
parking as a result of the proposal.<br />
The adjoining neighbours have raised concerns relating to the proposed single storey rear extension<br />
which they feel will take light from the rear windows of their house. The orientation of the<br />
properties is such that the application property is north of the objectors’ dwelling. It was my view<br />
that the length of the extension is acceptable and similar to many others approved in the <strong>Borough</strong><br />
and due to the orientation will have little impact on the neighbour in terms of light or<br />
overshadowing.<br />
In view of the above I consider that the proposal is acceptable in terms of design and appearance,<br />
its impact upon neighbours and the character of the area.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The facing and roofing materials to be used in the construction of the extension hereby approved<br />
shall match in colour and texture those used on the existing building.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
4 The proposed development is near to a former landfill site. Therefore a ground slab and gas<br />
proof membrane of minimum 1200g thickness shall be incorporated into the foundations in order to<br />
provide adequate protection against the ingress of landfill gas. The membrane shall be:<br />
i. laid carefully so as to avoid tears or perforations<br />
ii. well-lapped and taped at the joints and<br />
iii. continuous across the whole area of the new development<br />
Reason: In the interests of safety having regard to the proximity of the site to a former landfill site<br />
and in order to comply with Policies E2 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
47
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
48
11/07/0733<br />
Whinney Hill Garage Whinney Hill Road Accrington<br />
Demolition of existing buildings and erection of two new units for use as builders' general<br />
stores with ancillary office accommodation (Resubmission 11/07/0411)<br />
Mr T Allsop<br />
Site description and locality<br />
The site is located in Huncoat on the southern side of Whinney Hill Road and on the eastern side of<br />
its junction with Bolton Avenue. Although nominally considered to be part of Huncoat Industrial<br />
Estate the site itself fronts entirely onto Whinney Hill Road and is roughly opposite residential<br />
properties on that same road. The site effectively backs onto the eastern side of Huncoat Industrial<br />
estate but is separated by a culverted stream and a number of existing trees. There is currently on<br />
site one single storey building, totalling approximately 93 m 2 , which is somewhat dilapidated.<br />
Although the property benefits from an established general industrial use and has most recently<br />
been used as a car repair garage, the site is currently vacant.<br />
Details of proposal<br />
The applicant seeks permission to demolish the existing building and proposes its replacement with<br />
two conjoined units to a larger footprint (318 m 2 ) with associated access, parking spaces and<br />
security fencing. The proposal before committee is a resubmission of an earlier application<br />
(11/07/0411) which was withdrawn by the applicant to allow him to respond to the comments and<br />
concerns of the highway authority. Consequently rather than proposing a building which would<br />
have a general industrial use the applicant has endeavoured to define the proposal as specifically<br />
for a builder’s store and no other use.<br />
<strong>Planning</strong> history<br />
There is one application of significance relating to this proposal. Application 11/07/0411 which<br />
was withdrawn to allow amendments as detailed above<br />
Consultations<br />
Environment Agency: raised no objection subject to a number of conditions, relating to the<br />
discharge of foul water and the treatment of the boundary of the neighbouring water course, being<br />
imposed.<br />
Lancashire County <strong>Council</strong> (highway authority): no objections subject to a condition to restrict the<br />
proposed use to that described and no other.<br />
Head of Environmental Health: no issues were so significant that permission should be with held<br />
but advised that any grant of permission should be on condition that a formal site investigation and<br />
sampling strategy be submitted.<br />
National Grid (Transco): identified that although the proposed is in close proximity to pipe lines<br />
they would not be directly affected. That noted they would require the applicant to make early<br />
contact to ensure safe working practices and to abide with appropriate restrictions and regulations.<br />
Health and Safety Executive: does not advise against.<br />
Neighbours were consulted by letter and 3 letters of objection were received in reply. It should be<br />
noted that the earlier application also attracted objection amounting to 1 letter and a petition<br />
endorsed by five signatories. The following issues were raised:<br />
49
• The proposed new buildings would be obtrusive to residents nearby by virtue of its<br />
proximity and excessive height.<br />
• The introduction of a new, larger building in this location would more formally link the<br />
residential properties in this area to the industrial estate.<br />
• The proposed removal of trees in the area would result in a corresponding loss of amenity<br />
for residents.<br />
• The proposed access to and from the site would result in unacceptable manoeuvring of<br />
vehicles along Whinney Hill Road.<br />
• The proposed opening times would result in a detriment to nearby residents.<br />
• There is a bus stop where the entrance to the site is proposed.<br />
• The proposal would result in an unacceptable increase in traffic in the area.<br />
• The intensification of an industrial use in this area could result in a loss of amenity due to<br />
noise, dust and disturbance.<br />
• The proposal as submitted represents an overdevelopment of the site.<br />
• The proposed may affect the adjacent utilities pipes.<br />
Relevant Policies<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
Policy E10 – Development Policies<br />
Policy I2 – Redevelopment of existing employment sites<br />
Observations<br />
This application deals with the proposed demolition and rebuilding of a property known as<br />
Whinney Hill Garage located at the junction of Bolton Avenue and Whinney Hill Road in Huncoat.<br />
This proposal relates to an area of land which has an established general industrial use and which<br />
has been such for some considerable time. As such, although currently vacant, the principle of<br />
industrial development in this location should not be considered controversial; rather the key issue<br />
for the committee to consider is whether the proposed represents an overdevelopment or too<br />
intensive use of the site and whether as proposed the amenities of nearby residents are unacceptably<br />
harmed. Policy I2 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan states that proposals to redevelop existing<br />
employment sites will normally be permitted providing that adequate provision is made for<br />
servicing, access, car parking, landscaping, noise and smoke/dust emissions. Proposals which<br />
adversely affect residential areas will not normally be permitted.<br />
Lancashire Highways (<strong>Hyndburn</strong>), the highway authority, in responding to the applicant’s earlier<br />
application identified that the scheme, because of the open ended nature of the industrial use<br />
proposed, represented an overdevelopment of the available site which, depending on which use<br />
materialised, could result in an inadequate composition of servicing and parking for the units<br />
proposed. The developer acknowledged this and worked towards accord with highway authority;<br />
consequently in this resubmission the use of the site has been more tightly defined. As such<br />
Lancashire Highways (<strong>Hyndburn</strong>) consider that the proposal demonstrates adequate highway<br />
conditions and does not object as long as any approval be conditioned to restrict the use and that the<br />
developer be required to enter in to Section 278 Agreement with Lancashire County <strong>Council</strong> to<br />
secure the necessary alterations to pavements and the nearby bus shelter. Although objectors<br />
consider that there are poor traffic conditions in this area, it should be noted that the site presently<br />
50
has an established use for an industrial use and thus such matters relating to the intensity of traffic<br />
generated by the proposal should not be an impediment to approving this scheme.<br />
Objectors argue that the proposal would result in a detriment to their amenities by virtue of the size<br />
and location of the building. Although the proposed is in no way exceptional in terms of design<br />
neither is it wholly inappropriate for the area. In my view while the proposed building is somewhat<br />
higher than the existing buildings the new construction would be sufficiently distant and offset<br />
from neighbouring residential properties so as not to cause a disproportionate loss of amenity<br />
compared to the existing site which is dilapidated and often fly tipped. As such I would not suggest<br />
that alone such issues would be adequate to maintain a refusal of this proposal.<br />
Secondly the objectors identify that the redevelopment of this site would result in a more formal<br />
link between the residential areas of Huncoat and the existing industrial estate. This seems to be<br />
more a representation regarding the existing land uses than an objection to the proposals. The site<br />
as it stands could be re-opened and put to a significantly more intensive use, with much the same<br />
effect as cited by the objectors, and without application to this authority. As such I do not consider<br />
that this is an adequate reason for refusal.<br />
Thirdly the objectors claim that the loss of trees associated with this proposal should be reason for<br />
refusal. It would highlight however that the trees are not protected by a Tree Preservation Order<br />
and could be removed in their entirety without application to this authority. Although any<br />
unnecessary loss of trees is unacceptable I would suggest that any losses proposed in this case<br />
should not be impediment to the future use of an existing industrial site.<br />
A number of the objectors concerns regarding this proposal relate to loss of amenity due to opening<br />
times, noise, dust, and disturbance, and associated traffic. Although relevant concerns it is<br />
important to note that the proposed site has an existing industrial use which could significantly<br />
intensify without application to this authority. Consequently I consider that such concerns do not<br />
provide adequate grounds for refusal of this proposal but it may be appropriate to condition<br />
appropriate opening hours for the proposed development.<br />
The proposal represents the redevelopment of an established industrial site which is relatively close<br />
to residential properties on the opposite side of Whinney Hill Road. I consider that the design and<br />
layout of the building is satisfactory. The highway authority is satisfied, with appropriate<br />
conditions, that the development will not adversely affect highway safety. Bearing in mind the<br />
existing use of the site I consider that the proposals are acceptable, comply with Policy I2 of the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan and I recommend that the scheme be approved.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
51
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
4 Prior to the commencement of the development full details of all surfacing materials to be used<br />
on all hard-surfaced areas of the development outside the buildings shall be submitted to and<br />
approved in writing by the local planning authority.<br />
Reason: In the interests of the visual amenities of the locality as inadequate details of these matters<br />
have been submitted with the application and in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan<br />
5 Notwithstanding the provisions of the Town and Country <strong>Planning</strong> (General Permitted<br />
Development) Order 1995 the building shall be used for no other purpose other than that permitted<br />
by this approval.<br />
Reason: In the interests of highway safety as other uses may not be acceptable in this location and<br />
in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
6 No development approved by this permission shall be commenced until the application site has<br />
been subjected to a detailed investigation and recording of all potential contamination. The<br />
proposed methodology of the survey shall be submitted to and approved in writing by the local<br />
planning authority before any work commences. The findings of the survey shall be submitted to<br />
the local planning authority, together with full details of any de-contamination work proposed to<br />
deal with any contamination found by the survey. No work shall commence on site until all work<br />
to secure the de-contamination of the site to a condition suitable for its future use has been carried<br />
out to the satisfaction of the local planning authority and confirmed in writing as being completed.<br />
Reason: To safeguard the health of the future occupants of the land in the interests of public health<br />
and in order to comply with Policies E2, E10 and E13 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
7 The working hours within the site shall be confined to the period from 07.30 hours to 18.00<br />
hours Mondays to Fridays and 09.00 hours to 15.00 hours on Saturdays only. No work shall take<br />
place at the premises on Sundays or Public Holidays.<br />
Reason: To protect the residential amenities of the occupiers of the adjacent properties.<br />
8 The development, hereby approved, shall not begin until the new vehicular accesses have been<br />
laid out and constructed to base course in accordance with details to be agreed with the local<br />
planning authority in consultation with the Highways Authority. The accesses shall thereafter be<br />
completed in accordance with the approved plans before any part of the development is brought<br />
into use and retained thereafter.<br />
52
Reason: To ensure that suitable access is available in the interest of highway safety and in order to<br />
comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
9 No goods/materials shall be stored on the site other than in the units shown on the approved plan<br />
Reason: To ensure a satisfactory appearance of the site in the interests of local visual amenity and<br />
to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
10 No development shall take place until a scheme for the disposal of foul and surface waters has<br />
been approved in writing by the local planning authority. Such a scheme shall be constructed and<br />
completed in accordance with the approved plans and maintained thereafter.<br />
Reason: To ensure satisfactory means of drainage<br />
11 No development shall take place until a scheme for the boundary treatment adjacent to the<br />
watercourse has been submitted and approved in writing by the local planning authority. Such as<br />
scheme shall be completed in accordance with the approved plans and maintained thereafter.<br />
Reason: To protect ecological, recreation and amenity interests by providing a buffer between the<br />
development and the watercourse.<br />
12 Before the development hereby approved is first brought into use the car parking areas shall be<br />
hardsurfaced and marked out as indicated on the approved plan to the satisfaction of the local<br />
planning authority. The car park shall be made available at all times that the premises are in use for<br />
the parking of staff and visitors' cars.<br />
Reason In order to ensure that there is adequate car parking provision clear of the public highway in<br />
the interests of the safety of users of the highway and in order to comply with Policy E10 of the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
53
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
5 Whinney Hill is a highway maintainable at the public expense and the works of alteration that<br />
are necessary to improve the existing vehicular accesses to the site must be specified by and carried<br />
out in accordance with the requirements of the Highway Authority. Lancashire County <strong>Council</strong><br />
intends to exercise its powers to carry out these works and before they can be started the developer<br />
must contact The Head of Engineering Services, Lancashire Highways <strong>Hyndburn</strong>, Willows Lane<br />
Depot, Willows Lane, Accrington BB5 ORT. The costs of these works will be charged to the<br />
developer .<br />
6 Any works to watercourses within or adjacent to the site which involve infilling, diversion,<br />
culverting or which may otherwise restrict flow, require prior formal consent of the Environment<br />
Agency under Section 23 of the Land Drainage Act 1991. Culverting other than for access purposes<br />
is unlikely to receive consent, without full mitigation for loss of flood storage and habitats.<br />
7 Surface water from yard areas, loading and unloading areas and any other areas likely to be<br />
contaminated by spillage should be connected to the foul sewer. The formal consent of United<br />
Utilities will be required. In the absence of a sewerage system, such drainage must go to tanks with<br />
no discharge to the watercourse.<br />
________________________________________________________________________________<br />
11/07/0738<br />
Former Garage Site Pansy Street South Accrington<br />
Erection of 5 No two-storey terraced housing with parking to rear<br />
Great Places Housing Group<br />
Site description and locality<br />
The application site is a former garage site on the corner of Pansy Street South and Eccles Street.<br />
The area is primarily residential with a mix of terraced two-storey and single storey bungalow<br />
properties. There are terraced properties on the opposite side of Pansy Street South facing the site<br />
and also, adjoining the site, to the south and to the east across a back street. To the north, across<br />
54
Eccles Street is a row of bungalows. The site is in a sustainable location within the urban boundary<br />
and close to Accrington town centre.<br />
Details of proposal<br />
The applicant seeks permission to erect five terraced properties facing onto Pansy Street South in a<br />
vernacular style offering three bedrooms and parking to the rear. The site slopes gently down from<br />
north to south and the houses would be stepped to reflect the slope.<br />
<strong>Planning</strong> history<br />
Of particular relevance is the most recent approval granted (11/93/0411) on this site which<br />
established the principle of residential development in this location although that permission has<br />
now lapsed.<br />
11/90/0730 Outline application: residential development. Withdrawn.<br />
11/91/0213 Outline application: erection of four houses. Approved conditionally 17/07/91.<br />
11/91/0451 Erection of 12 no. flats. Withdrawn.<br />
11/93/0081 Erection of 10 self-contained flats. Refused 21/04/93.<br />
11/93/0411 Erection of ten flats. Approved conditionally 24/11/93.<br />
Consultations<br />
Head of Environmental Health: Any comments will be reported at the committee meeting.<br />
Lancashire County <strong>Council</strong> (Highways): Any comments will be reported at the committee meeting.<br />
Neighbours were consulted by letter and 3 letters of objection were received in reply. The<br />
following issues were raised:<br />
• The proposal could perpetuate parking concerns.<br />
• The proposed houses would be out of keeping with the existing.<br />
• That approval would be inconsistent with previous refusals for residential development on<br />
this site.<br />
• Loss of amenity on a quiet residential street by increased coming and going.<br />
• Potential impact of noise during construction.<br />
Relevant Policies<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan:<br />
Policy E10 – Development Policies<br />
Policy H2 – Housing infill<br />
SPG New Residential Development in the <strong>Borough</strong><br />
Joint Lancashire Structure Plan:<br />
Policy 12 – Housing developments<br />
Observations<br />
This application deals with the proposed erection of five terraced properties on a vacant, former<br />
garage site in a residential area of Accrington. The scheme is acceptable in policy terms as it meets<br />
55
an identified exception within the authority’s adopted SPG on New Residential Development - it<br />
proposes only 5 units on an infill plot. As the site is within the urban boundary and located within<br />
an established residential area in an adequately sustainable location the proposed residential<br />
development of the site is acceptable in principle, subject to design and amenity issues and any<br />
other material considerations.<br />
In terms of design I can advise that the proposed demonstrates an acceptable approach to the<br />
development of the site. The applicant has identified a scheme which will maintain the existing<br />
street layout and the structure of the wider residential area by following the identified building line<br />
of neighbouring residential properties. Further more the proposed achieves a satisfactory frontage<br />
by reflecting appropriately the traditional proportions of Accrington’s terraces and including<br />
complementary detailing such as heavy sills and jambs around the windows. The units would be<br />
constructed using artificial stone with slate roofs. As such I consider that the proposal would fit<br />
comfortably within the street scene and would benefit neighbour amenity by removing a potentially<br />
problematic vacant site. Although close to the town centre the applicant has ensured that the new<br />
units will benefit from parking at a ratio of at least 1 space per unit.<br />
As with many small infill plots in terraced areas it is not possible to achieve the normally desirable<br />
distances between dwellings of 21m and 15m and still to develop the site. There will be an<br />
adequate distance (16.5m) between the existing properties on the north side of Eccles Street and the<br />
gable end of the new terrace (15m being the normal guideline). A distance of 18.5m (compared<br />
with the normal guideline of 21m) is achievable across the back street to the main rear walls of<br />
houses on Westwood Street, while only 14m can be achieved across Pansy Street South at the front<br />
of the proposed houses. While the first two of these distances are adequate I am concerned about<br />
the 14m distance at the frontage of the properties. However, on balance I consider that the<br />
advantages of dealing with this vacant plot, bearing in mind the high quality general design of the<br />
development outweigh any loss of amenity from overlooking between dwellings.<br />
As noted above the proposal has attracted a number of objections from residents principally voicing<br />
concerns regarding parking at the site. It is worth noting that two of the objectors are not directly<br />
affected by the proposals living further south along Pansy Street South. Only one of the writers<br />
lives directly opposite the site. I consider that the applicant has demonstrated an acceptable<br />
approach to parking in this location and should not be required to provide in excess of 1 space per<br />
unit. It would be difficult envisage that an acceptable development of this site could be achieved if<br />
a higher parking requirement were to be imposed. I would not consider that this proposal would<br />
add unduly to the stresses placed upon the amenities of immediate neighbours or that of the wider<br />
area.<br />
Consequently I consider that the proposed is satisfactory with regard to the adopted development<br />
plan and recommend approval of the scheme.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
56
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 Prior to the commencement of the development hereby approved details of the cross-sections of<br />
the windows frames and rainwater goods shall be submitted to and approved in writing by the local<br />
planning authority. The development shall be constructed in accordance with the approved details<br />
to the satisfaction of the local planning authority.<br />
Reason: Inadequate details of these matters have been submitted with this application and in the<br />
interests of the visual amenities of the locality in order to comply with Policy E10 of the <strong>Hyndburn</strong><br />
<strong>Borough</strong> Local Plan.<br />
4 No development approved by this permission shall be commenced until the application site has<br />
been subjected to a detailed investigation and recording of all potential contamination. The<br />
proposed methodology of the survey shall be submitted to and approved in writing by the local<br />
planning authority before any work commences. The findings of the survey shall be submitted to<br />
the local planning authority, together with full details of any de-contamination work proposed to<br />
deal with any contamination found by the survey. No work shall commence on site until all work<br />
to secure the de-contamination of the site to a condition suitable for its future use has been carried<br />
out to the satisfaction of the local planning authority and confirmed in writing as being completed.<br />
Reason: To safeguard the health of the future occupants of the land in the interests of public health<br />
and in order to comply with Policies E2, E10 and E13 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
5 The proposed development is near to a former landfill site. Therefore a ground slab and gas<br />
proof membrane of minimum 1200g thickness shall be incorporated into the foundations in order to<br />
provide adequate protection against the ingress of landfill gas. The membrane shall be:<br />
i. laid carefully so as to avoid tears or perforations<br />
ii. well-lapped and taped at the joints and<br />
iii. continuous across the whole area of the new development<br />
Reason: In the interests of safety having regard to the proximity of the site to a former landfill site<br />
and in order to comply with Policies E2 and E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
6 Prior to the commencement of the development hereby approved, samples of the external<br />
roofing and facing materials shall be submitted to and approved in writing by the local planning<br />
authority. The development shall be constructed in accordance with the approved details/samples.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
7 Notwithstanding Article 3 of the Town and Country <strong>Planning</strong> (General Permitted Development)<br />
Order 1995 no development shall take place within the curtilage of the dwelling hereby approved in<br />
accordance with Classes A, B, C, D, E, F, G, or H of part 1 of Schedule 2, unless a planning<br />
application for that development has been submitted to and approved by the local planning<br />
authority.<br />
57
Reason: In order to prevent the over development of this restricted site and in order to comply with<br />
Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan .<br />
8 No construction work, construction traffic or operation of any plant/machinery shall take place<br />
on the site during the course of the development hereby approved except between the hours of 0700<br />
hours and 1700 hours Monday to Saturday. No construction work, construction traffic or operation<br />
of any plant/machinery shall take place on Sundays or Public Holidays.<br />
Reason: In order to protect the residential amenity of the occupiers of the adjacent properties.<br />
9 Before the development hereby approved is first brought into use the car parking spaces shall be<br />
hardsurfaced and marked out as indicated on the approved plan to the satisfaction of the local<br />
planning authority. The parking areas shall be made available at all times that the premises are in<br />
use for the parking of cars.<br />
Reason In order to ensure that there is adequate car parking provision clear of the public highway in<br />
the interests of the safety of users of the highway and in order to comply with Policy E10 of the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan and the <strong>Council</strong>'s Supplementary <strong>Planning</strong><br />
Guidance on New Residential Developments in the <strong>Borough</strong>. There are no other material<br />
considerations which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
58
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
11/07/0755<br />
75 Brantwood Avenue Knuzden BB1 3LY<br />
Erection of extension to existing hipped roof to form gable<br />
Mr J Holt<br />
Site description and locality<br />
This semi-detached bungalow is situated on the east side of Brantwood Avenue, Knuzden in an<br />
area which is entirely residential in character. To the rear of the bungalow, to the east, are open<br />
fields and the M65 motorway, within the Green Belt.<br />
Details of proposal<br />
The erection of a roof extension to gable to create space for loft conversion. The roofing and facing<br />
materials to match the existing.<br />
<strong>Planning</strong> history<br />
Nil<br />
Consultations<br />
Neighbours notified – 1 letter received making the following comments<br />
• I do not think it is in keeping with the area of bungalows. Loft conversions around here are<br />
in front and rear of the bungalows. This extension is a gable end making it into a semidetached<br />
house. I overlook this and don’t want to look out on a wall.<br />
• When my husband passed away I chose to move and live in a nice area if I had wanted to<br />
live so near to something like this extension I would have got a house not a bungalow.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
E10 Scale, density, design<br />
Observations<br />
This semi-detached bungalow currently has a hipped gable roof. The applicant wishes to extend the<br />
roof to create a gable in order to provide space within the roof for a loft conversion. The most<br />
59
common way of providing roof space for conversion is by the erection of dormers and other<br />
bungalows on this estate have been extended in this way.<br />
A neighbour has objected to the proposal on the grounds that it will have an impact on her outlook<br />
and that the proposed extension will make the bungalow more like a house. The side elevation of<br />
the objector’s bungalow is approximately 6 metres away across two driveways and that elevation<br />
contains windows to habitable rooms. There is a difference in levels between the application<br />
property and the neighbour of approximately 1 metre, with the neighbour’s property being the<br />
higher. In addition, the application property is to the north of the objector’s bungalow. This means<br />
that the objector’s side windows will overlook the new gable. The original scheme proposed a<br />
window in the gable facing the neighbour’s property but due to the potential for overlooking this<br />
has now been removed and replaced by the insertion of two roof lights to the front elevation and<br />
one to the rear to provide a means of escape in order to comply with the Building Regulations.<br />
In design terms I consider the extension of the roof in the way proposed a more satisfactory<br />
solution to providing additional accommodation than the erection of dormers. As the neighbour’s<br />
property is south of the proposed extension then there will be no loss of light. The gable of the<br />
proposed extension will no doubt be higher than the current sloping roof but no closer and it is my<br />
view that as the objector’s property is higher than the neighbours the impact will be minimal. On<br />
balance, therefore, I consider that the proposed extension is acceptable.<br />
Recommendation<br />
Approve subject to the following conditions:<br />
Condition(s) and Reason(s)<br />
1 The development must be begun not later than the expiration of three years beginning with the<br />
date of this permission.<br />
Reason: Required to be imposed pursuant to Section 91 (as amended) of the Town and Country<br />
<strong>Planning</strong> Act 1990.<br />
2 The development hereby permitted shall not be carried out otherwise than in strict accordance<br />
with the submitted details.<br />
Reason: For the avoidance of doubt and to define the permission.<br />
3 The development hereby permitted shall be carried out only in accordance with the amended<br />
plan 20:07:820:1a Rev A received on 13 December 2007.<br />
Reason: For the avoidance of doubt, since the originally submitted plan was subsequently amended<br />
4 The facing and roofing materials to be used in the construction of the extension hereby approved<br />
shall match in colour and texture those used on the existing building.<br />
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the<br />
locality and in order to comply with Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
60
Informative Note(s)<br />
1 REASONS FOR APPROVAL OF THE APPLICATION : The proposal does not conflict<br />
significantly with the provisions of the development plan and in particular is satisfactory in terms<br />
of Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. There are no other material considerations<br />
which weigh sufficiently against the proposal.<br />
2 This planning permission is granted in strict accordance with the approved plans. It should be<br />
noted however that:<br />
(a) Any variation from the approved plans following commencement of the development,<br />
irrespective of the degree of variation, will constitute unauthorised development and may be liable<br />
to enforcement action.<br />
(b) You or your agent or any other person responsible for implementing this permission should<br />
inform Development Control immediately of any proposed variation from the approved plans and<br />
ask to be advised as to the best method to resolve the matter. Most proposals for variation to the<br />
approved plans will require the submission of a new planning application.<br />
3 This consent is granted subject to conditions and it is the owner and the person responsible for the<br />
implementation of the development who will be fully responsible for their compliance throughout<br />
the development and beyond.<br />
If there is a condition that requires work to be carried out or details to be approved prior to the<br />
commencement of the development this is called a "condition precedent". The following should be<br />
noted with regards to conditions precedent:<br />
(a) If a condition precedent is not complied with, the whole of the development will be<br />
unauthorised and you may be liable to enforcement action.<br />
(b) In addition if a condition precedent is breached, the development is unauthorised and the<br />
only way to rectify the development is the submission of a new application. If any other type of<br />
condition is breached then you will be liable to a breach of condition notice.<br />
4 The enclosed approval is issued under the Town & Country <strong>Planning</strong> Act 1990. You may also<br />
require Building Regulation approval which is dealt with by this Department's Building Control<br />
Section (Tel: 380194). You must ensure that all necessary permissions are obtained before starting<br />
work, otherwise abortive expense may be incurred.<br />
________________________________________________________________________________<br />
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REFUSAL (Cat A)<br />
11/07/0186<br />
Browfield Farm Back Lane Baxenden Accrington BB5 2RE<br />
Raise roof level to side extension and erection of porch to rear to form new dwelling<br />
P Ashburner<br />
This application was originally on the agenda for the Committee meeting on the 18 th July 2007 but,<br />
at the request of the applicant, was deferred. The applicant has now requested that the application<br />
be considered by the committee. The application was previously reported as set out below.<br />
Additional information submitted subsequently is set out at the end of the original report.<br />
Site description and locality<br />
The application relates to a detached farm house on the western side Back Lane in Baxenden. The<br />
house is located alongside the road (Back Lane) and the surrounding area is rural in nature, with the<br />
poultry farm, with its own dedicated dwelling, immediately across the road from the site. The<br />
property’s immediate residential neighbours are located on raised land to the north-west and also<br />
down a steep slope to the west where Greengates Cottage, Browfield Cottage and Baxenden Fold<br />
are located. All these properties are located outside the urban area and within the greenbelt.<br />
Details of proposal<br />
The proposed porch extension is located at the rear of the former “granny flat” and the proposal<br />
also involves raising the roof of the existing side extension on the north-eastern end of the property,<br />
to create a second floor. The proposed development intends to enlarge the existing granny flat to<br />
create a three bedroomed house to be used as a home for the applicant’s daughter and son-in-law in<br />
the event of their having to vacate the house attached to the adjoining poultry farm.<br />
<strong>Planning</strong> history<br />
11/82/0195 Retention of re-built shippon and use as granny flat. A/C 11.10.82<br />
Consultations<br />
No response from neighbour consultations.<br />
Relevant policies<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan:<br />
Policy E10- Development policies<br />
Policy S1- Greenbelt policies.<br />
Appendix One: Conversion of buildings in the countryside<br />
Joint Lancashire Structure Plan:<br />
Policy 12 – Housing provision<br />
Policy 1 Development Framework<br />
Policy 6 Green belts<br />
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SPG New Residential developments in the <strong>Borough</strong><br />
Observations<br />
<strong>Planning</strong> permission was originally granted in 1982 (11/82/0195) to use this part of the main<br />
dwelling as a ‘granny’ flat. Condition 3 of that permission states clearly,<br />
“The residential accommodation hereby approved shall only be used as a ‘granny’ flat<br />
annex to the existing farm house dwelling and shall not be used as a separate unit of<br />
accommodation.”<br />
The reason for this original grant of planning permission was to allow minimum accommodation in<br />
order to meet the applicant’s specific family circumstances pertaining at the time. The property<br />
provided a home for elderly relatives who required some element of family care or support and as<br />
such the proposal complied with policy.<br />
This current application was originally submitted simply as an extension to the dwelling but the<br />
internal layout of the extended building was in effect a completely separate, two-storey, threebedroomed<br />
dwelling. The applicant has made slight amendments to the internal layout to introduce<br />
a door through to an adjoining garage. However the development as shown on the submitted plans<br />
would still form a separate unit of accommodation and the applicant confirms that it would be used<br />
as accommodation for his daughter and son-in-law. As such the application needs to be assessed<br />
against the <strong>Council</strong>’s policies on housing provision.<br />
The creation of a separate dwelling conflicts with the original condition attached to the planning<br />
permission. In addition, the proposed development is located within the greenbelt, development of<br />
this type within the green belt is restricted to buildings for agriculture, forestry, outdoor sport or<br />
recreation. The proposal to create a separate dwelling at the site conflicts with that Policy 1 of the<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. The proposal also fails to meet the criteria set out in Policy 2 of the<br />
local plan which deals with the conversion of existing buildings in that substantial extensions are<br />
required to form the new dwelling. The proposal is therefore contrary to Policies 1 and 2 of the<br />
local plan.<br />
In monitoring consents for new housing it is apparent that in relation to the housing provision<br />
figure given in Policy 12 of the Joint Lancashire Structure Plan, there is an over supply of provision<br />
for new housing, which led the <strong>Council</strong> to adopt, in November 2003, Supplementary <strong>Planning</strong><br />
Guidance (SPG) for New Residential Development in <strong>Hyndburn</strong>. The SPG states that applications<br />
for residential development will not be permitted unless a developer is able to demonstrate<br />
exceptional circumstances. The list of exceptions was increased from July 2006. The application<br />
site is outside the urban area and the exceptions listed in the SPG refer only to developments within<br />
the urban boundary. Guideline 2 of the SPG makes it clear that developments outside the urban<br />
area will not be approved if they contribute to the oversupply of houses.<br />
There is currently adequate provision of sites with planning permission for residential development<br />
on brownfield sites within the urban area and there is no need to release sites outside the urban area<br />
for development.<br />
I have no objections to the design of the extensions which do not impact on any neighbouring<br />
properties and would not adversely affect the character of the area. However, in view of the<br />
conflict with greenbelt and housing policies I recommend refusal of the application.<br />
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Additional information since 18 th July 2007<br />
Since the application was deferred I have received an e-mail from a local resident supporting the<br />
applicant. The writer states that, while he was not aware of the detail of the scheme, he accepts that<br />
“whatever it was, it would not have eroded the common good”.<br />
I have also received two letters. The first letter states:<br />
• A separate dwelling is not required.<br />
• We have asked the <strong>Planning</strong> Department for advice on how to extend the granny flat which<br />
is too small for any current use.<br />
• The existing flat is separated from the existing dwelling by a door. The enlarged structure<br />
would be similarly separated by a door into the existing garage. How does this make it a<br />
separate dwelling?<br />
• Various amendments could be made to this part of the property including the removal of the<br />
garage which would remove hazardous reversing movements.<br />
The second letter adds the following information:<br />
• The proposals will provide a small retirement cottage for Mr and Mrs Ashburner as the<br />
present farmhouse has six bedrooms.<br />
• Only a small amount of building work is required – raising a section of the roof – and this<br />
will be within the existing footprint of the building.<br />
• There have been no objections from any neighbours.<br />
Recommendation<br />
Refuse for the following reasons:<br />
Reasons for refusal<br />
1 The proposed development is located within the Green belt as defined in the <strong>Hyndburn</strong> <strong>Borough</strong><br />
Local Plan. Within the Green Belt planning permission will not be given except in very special<br />
circumstances for development other than for the purposes of agriculture, forestry, outdoor sport<br />
and recreation, cemeteries and institutions standing in extensive grounds, or other uses appropriate<br />
to a rural area.<br />
Therefore the proposed development is contrary to Policy 6 of the Joint Lancashire Structure Plan<br />
and Policies S1, S2 and Appendix One of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan. The proposal<br />
constitutes inappropriate development in the Green Belt and the applicant has not put forward<br />
sufficient very special circumstances as to why this policy should be set aside.<br />
2 There is currently an adequate supply of housing land within the <strong>Borough</strong> as demonstrated in the<br />
<strong>Council</strong>'s adopted Supplementary <strong>Planning</strong> Guidance for New Residential Developments in<br />
<strong>Hyndburn</strong>. In addition, the formation of an additional dwelling outside the urban area would add to<br />
the number of housing completions within the <strong>Borough</strong> which is already exceeding significantly<br />
the completion rates as set out in Policy 12 of the Joint Lancashire Structure Plan 2001/16.<br />
Therefore there is not a need to allow this development at the present time.<br />
________________________________________________________________________________<br />
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11/07/0707<br />
3 Tottleworth Rishton Blackburn BB1 4AN<br />
Erection of single storey extension<br />
Mr D Port<br />
Site description and locality<br />
The property the subject of this application is a mid-terraced house, one of a row of four, located in<br />
the south-western part of Tottleworth village. The property lies within the Tottleworth<br />
Conservation Area and within the Green Belt.<br />
The property has already been extended through the addition of a two-storey rear extension across<br />
the full width of the property and projecting 3.7m from the original rear wall of the property.<br />
Details of proposal<br />
The applicant proposes a single-storey pitched roof extension across the full width, projecting 5.4m<br />
beyond the existing extension. The proposed extension would be rendered with a slate roof, to<br />
match the existing house.<br />
<strong>Planning</strong> history<br />
11/81/0451 Erection of front porch and two-storey extension at rear. Refused 1.10.1981.<br />
11/77/0179 Two-storey extension at rear. Approved conditionally 24.7.1977.<br />
Consultations<br />
Neighbouring properties notified/site notice: Letters received from the occupiers of the two<br />
adjoining properties raise the following points:<br />
• There has already been one extension to the back of No.3 which takes light off No.4, and a<br />
further 5.4m is going to take more light and sunlight and look even worse.<br />
• An extension a lot smaller would be acceptable.<br />
• It would reduce the value of their house.<br />
• The property is in a Conservation Area.<br />
• The extension would involve the digging of footings on No.2’s side of the boundary fence.<br />
• The ground level of No.2 is higher than that of No.3.<br />
• There has been no dialogue between the applicant and his neighbour.<br />
Relevant policies<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan<br />
S1 Green Belts<br />
E8 Conservation Areas<br />
E10 Scale, density, design<br />
Applicant’s comments<br />
In support of his application and following the concerns raised by the <strong>Planning</strong> Officer and by<br />
neighbours, the applicant has made the following points:<br />
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• In pre-application discussions with the <strong>Planning</strong> Officer in 2005, advice was given that<br />
encouraged the submission of an application. The advice given was that a single-storey<br />
extension would be acceptable in principle, subject to satisfactory scale and appearance,<br />
with the impact of a 5.2m extension on No.2 reduced by the existing extension at No.2, and<br />
on No.4 by the high fence along the boundary, but the outcome of any planning application<br />
could not be predicted.<br />
• The current application has been submitted because his children, aged 8 & 10, require<br />
privacy and space. He has been advised that the planning regulations have become stricter<br />
since 2005, but he feels that even if the rules have changed the principle and the impact<br />
remain the same.<br />
• He has measured the land and there does not appear to be any difference in level between<br />
Nos. 2 and 3. He would leave the fence between Nos. 2 and 3 in situ and move the wall<br />
0.3m in from the boundary to ensure the footings would not go onto No.2.<br />
• The 7ft. high fence between Nos. 3 and 4 would remain in situ. He would reduce the height<br />
of the proposed extension wall to 7ft. so that it would not be seen by the neighbour,<br />
reducing the angle of the roof from approximately 45º to 25º, which would also reduce the<br />
roof height to less than 11ft.<br />
• He feels that the extension is in keeping with the environment and will if anything enhance<br />
the area.<br />
Observations<br />
The key issues for consideration in this case are the acceptability of the proposal in terms of Green<br />
Belt policy, the impact on the character and appearance of the Conservation Area, and the impact<br />
on the amenities of neighbouring residents.<br />
Under Policy S1 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan, which reflects Government advice given<br />
contained in <strong>Planning</strong> Policy Guidance Note 2: Green Belts, limited extensions or alterations to<br />
dwellings in the Green Belt will only be allowed provided that they do not result in<br />
disproportionate additions over and above the size of the original building. The scale of extensions<br />
considered appropriate is now specified in the <strong>Council</strong>’s guidelines on residential extensions, which<br />
are already in use and will become formalised as part of the Local Development Framework.<br />
Under the guidelines, an increase in footprint not exceeding 50% of the original footprint of the<br />
building would normally be considered acceptable in the Green Belt. The submitted scheme, added<br />
to the existing extension, would result in an increase of 105% over and above the footprint of the<br />
original building. The cumulative effect of large extensions to these originally-small terraced<br />
properties has the potential to reduce the openness of the Green Belt. Therefore I consider the<br />
proposal to be unacceptable in terms of Local Plan Policy S1.<br />
Policy E8 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan requires that when considering proposals for<br />
development in Conservation Areas, the <strong>Council</strong> will have regard to the siting, form, mass, design<br />
and materials of the proposed structures and the extent to which they take account of existing<br />
building lines. The combined projection of the existing and proposed extensions from the rear of<br />
the property would be 9.1m, across the full width of the property. In my opinion, the proposed<br />
extension is excessive in scale, given that the house has already been substantially extended, and in<br />
my view it would detract from the character and appearance of the Conservation Area, and would<br />
therefore be contrary to Local Plan Policy E8.<br />
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The application property forms part of a terrace of four which faces south-east to the front, all of<br />
which have existing extensions. No.2 has a two-storey rear extension of the same projection as the<br />
existing two-storey extension at No.3, and a single-storey lean-to extension beyond, projecting a<br />
further 2.1m, both extensions being set 1m from the boundary with No.3, along which there is a<br />
1.7m fence. The garden level of No.2 is set approximately 0.3m above the level of No.3’s garden.<br />
No.4 has a two-storey rear extension set well away from the boundary with No.3, and a singlestorey<br />
lean-to extension up to the boundary with No.3 and projecting 1.9m from the rear wall of<br />
No.4. There is a fence up to 2.5m high along the boundary with No.4, which would roughly<br />
correspond to the eaves height of the proposed extension. Although the existing extensions at the<br />
neighbouring properties and boundary fences would reduce the impact of the proposal to some<br />
degree, given the scale and orientation of the proposed extension, in my opinion it would have a<br />
significant impact on both adjoining properties due to loss of outlook, light and sunlight, to a<br />
degree which would result in unacceptable loss of amenity to the occupiers of neighbouring<br />
properties. Therefore the proposal would be contrary to Local Plan Policy E10. Other points<br />
raised by neighbours relate to matters which are not relevant to the consideration of the planning<br />
application.<br />
Recommendation<br />
Refuse for the following reasons:<br />
Reasons for refusal<br />
1 The proposed development is located within the Green Belt as defined in the <strong>Hyndburn</strong> <strong>Borough</strong><br />
Local Plan. The proposed extension, by reason of its size in combination with existing extensions<br />
to the property, represents a disproportionate addition over and above the size of the original<br />
dwelling, thereby reducing the openness of the Green Belt. Therefore the proposed development<br />
would be contrary to Policy S1 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
2 The proposed extension, in combination with existing extensions to the property, would result in<br />
an excessive enlargement of the property which would detract from the character, appearance and<br />
visual amenities of the Tottleworth Conservation Area.<br />
3 The erection of the proposed extension, because of its size and location, would constitute an<br />
unneighbourly form of development which would be detrimental to the amenities of the occupiers<br />
of the adjoining dwellings, in particular due to loss of outlook, sunlight and daylight and therefore<br />
be contrary to Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local Plan.<br />
________________________________________________________________________________<br />
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11/07/0749<br />
17 Tennyson Avenue Oswaldtwistle Accrington BB5 4QZ<br />
Erection of a single storey and two-storey rear extension, and two storey side extension<br />
(amendment to application 11/06/0508)<br />
Miss Lamb<br />
Site description and locality<br />
This quasi semi-detached property is situated on the south side of Tennyson Avenue,<br />
Oswaldtwistle. The former <strong>Council</strong> house is the end property in a row of four which is fronted to<br />
the north by an area of open space. To the rear are playing fields. The area is entirely residential in<br />
character.<br />
Details of proposal<br />
Amendment to existing planning permission (Application No. 11/06/0508). Proposal now involves<br />
the erection of a two-storey side extension which measures 1.1m wide by 3.1m long. The erection<br />
of part single storey and part two-storey rear extension which measures 3.6 metres wide by 4.3<br />
metres long. The extension is to be built in materials to match the existing.<br />
<strong>Planning</strong> history<br />
11/06/0508 Erection of single storey rear extension, two-storey side extension and rear dormer –<br />
approved conditionally 2.11.06<br />
Consultations<br />
Neighbours notified – 1 letter received making the following comments:<br />
• I would like to point out that this first floor extension, if passed, would be overlooking my<br />
living room widow.<br />
• The fact that No. 17 is very close to my property means that it would greatly affect my<br />
privacy, therefore I am strongly objecting to the first floor extension.<br />
Relevant policy<br />
<strong>Hyndburn</strong> <strong>Borough</strong> Local Plan:<br />
E10 Scale, density, design<br />
Observations<br />
Conditional planning permission was granted in November 2006 (Application No. 11/06/0508) for<br />
the erection of a single storey rear extension, two-storey side extension and rear dormer. None of<br />
the works granted by that permission have been implemented. This application seeks permission to<br />
erect a first floor extension over the proposed rear extension in lieu of the dormer approved in the<br />
earlier application.<br />
The key issues for consideration in this case are the design, appearance and scale of the proposed<br />
extensions, their impact on the character and appearance of the property and the area in general,<br />
and the impact on the amenities of neighbouring residents.<br />
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The proposed first floor extension as an alternative to the rear dormer previously approved is the<br />
only difference between the two schemes. This first floor extension would be in keeping with the<br />
character of the existing property, and would not be excessive in scale. In my view, the proposed<br />
extension would not have a detrimental effect on the character and appearance of the property, nor<br />
on the area in general.<br />
The neighbour who lives at No 17a Tennyson Avenue which is located to the south-west of the<br />
application property, has objected to the proposal on the grounds of loss of privacy and<br />
overlooking. It is my view that, due to the relationship between the application property and the<br />
bungalow next door at No 17a Tennyson Avenue, which is at an angle, the first floor window in the<br />
extension would overlook the neighbour’s kitchen window which is approximately 6 metres away.<br />
In view of this I consider that the proposed first floor extension is unacceptable as it would result in<br />
loss of privacy for the neighbour, not only in terms of overlooking of the kitchen window, but also<br />
the neighbour’s garden.<br />
In view of the above I consider that the application should be refused.<br />
Recommendation<br />
Refuse for the following reason:<br />
Reasons for refusal<br />
1 The erection of the proposed first floor extension, because of its height, size, location and<br />
design, would constitute an unneighbourly form of development which would be detrimental to the<br />
amenities of the occupiers of the adjoining dwelling, in particular by the overlooking of the<br />
adjacent property and therefore would be contrary to Policy E10 of the <strong>Hyndburn</strong> <strong>Borough</strong> Local<br />
Plan.<br />
________________________________________________________________________________<br />
Contact Officer: C B Clarkson Dip MRTPI<br />
Address: <strong>Council</strong> Offices, Scaitcliffe House, Ormerod Street, Accrington, Lancs BB5 0PF<br />
Tel No: (01254) 388111<br />
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