Application Recommended for Delegation APP/2012/0247 Trinity Ward

Full Planning application Proposed erection of 49no. dwelling houses on vacant land following demolition of existing houses (part of a larger regeneration area) LAND ENCLOSED BY TAY STREET, NAIRNE STREET, ACCRINGTON ROAD AND HAMELDON APPROACH BURNLEY Background: The application relates to a further phase of the housing regeneration of South West Burnley. The development is guided by the adopted Development Brief (Feb 2010) and Design Guidance (May 2006) for South west Burnley. Summary of Reason for Recommendation: The development is generally in accordance with the Development Plan, in particular the policies listed below, and there are no other material considerations to indicate that planning permission should not be granted: Relevant Policies: Burnley Local Plan Second Review E21 - Gateways and throughroutes E22 - Public Art E6 - Trees, hedgerows and woodlands E8 - Development and flood risk E3 – Wildlife Corridor GP1 - Development within the Urban Boundary GP3 - Design and Quality GP5 - Access for All GP6 - Landscaping and Incidental Open Space GP8 - Energy Conservation and Efficiency GP9 - Security and Planning Out Crime H1 - Land for new housing development H2 - The sequential release of further housing land for development H3 - Quality and design in new housing development H4 - Providing a choice of housing in new development H5 - Local housing needs H6 - Housing density H7 - Open space in new housing development H9 - Regenerating urban areas and neighbourhoods TM5 – Footpaths and walking within the urban boundary TM15 - Car parking standards TM2 - Transport Assessments (TAs) TM7 – Cycling Network Supplementary Planning Documents South West Burnley Development Brief Design Guidance for South West Burnley

National Planning Policy Framework (NPPF) Site History: 2007/0841: Proposed construction of 28 houses and associated external works – Granted 2011/0328: (Outline) Proposed residential development of two storey houses in regeneration area including details of access and scale (layout, appearance and landscaping reserved for future approval) – Granted Consultation Responses: Highway Authority (HA) – The scheme has been prepared in consultation with HA and final comments on the development are awaited. These will be reported at the meeting. Environment Agency – No objections to the proposal provided conditions are imposed relating to investigation and remediation of contaminated land. [A condition is recommended to put this into effect]. United Utilities – General comments about the proposal relating to existing and proposed foul and surface water drainage, and water supply for the information of the applicant. Coal Authority – The site is within a Referral Area – the Applicant’s submitted Appraisal Report deals with the site appropriately. Intrusive ground investigations are recommended by the report and the CA recommend imposition of a condition to ensure this and any necessary remedial work is carried out prior to start of the development. Green Spaces and Amenities Unit – Comments summarized as follows:

1. No open space is proposed within the scheme. 2. Part of the site is a local park which is well used and popular. Its loss to

residential development would mean that the Council will fail to meet the standards (1.0ha per 1,000) adopted in October 2006.

3. Existing trees would be lost 4. The closeness of the existing play-space to the nearest house is likely to cause

major anti-social behaviour problems for the new residents. Taywood Nursery School (Governing body) – Letter setting out concerns that the development would reduce family friendly car parking in the area and would not provide for the safe movement of vehicles and pedestrians. Taywood Nursery School (Headteacher) – Letter stating support for the development but expressing the following concerns (summarized):

1. There would be congestion to the roads around the nursery due to reduced space for staff and parents to park

2. Possible pedestrian safety problem arising from pavement parking due to narrowed roads.

3. Drive-way to one house placed against ‘zig-zag’ safety warning lines close to the Nursery entrance.

4. Reduced viability of the nursery business due to congested car access and parking.

5. Inconsiderate parking by nursery customers may block house driveways. 6. Suggests alternative proposals for a pedestrian footpath access through the

development to the side of the Nursery; creating a one-way system (to reduce the need for vehicle reversing) anti-clockwise around Accrington Road, Elmwood Street, Tay Street and Athol Street North; replacing one house with an additional car park for the Nursery.

Planning and Environmental Considerations: The 1.18 hectare site is irregular in shape, being bounded to the north by Hameldon Approach and the railway (Manchester Road line) and by Tay Street in the south. Indented into the area is the Sure Start Centre and a garage building. Adjoining the site to the west is the Tay Street Nursery and to the east is a small-children’s play area. This is shown on the following plan for ease of description.

Application site

Tay Street Nursery Sure Start Garage Play area It is an area formerly composed of mainly 2 storey residential terraces. Much of the area is now cleared with the sites being laid informally to grass, as interim landscape treatment. To the east of Nairne Street is an area of parkland, with, (further to the east just outside the site) a small-children’s play area. To the south (across Tay Street) are pre -1919 terrace housing, mainly set with gable-ends facing the site. Proposed development

The application proposes a development of the erection of 2-storey housing with access from the existing streets. The layout (copied below for ease of description) shows 49 dwellings in a mix of detached and semi-detached houses, with some short terraces. The layout would utilise the existing street pattern, with most of the back streets, closed.

Policies and assessment A wide range of policies apply to this urban redevelopment scheme. The principle is established by H9 that identifies the area for regeneration of housing, including the redevelopment now proposed. The site is previously developed land inside the Urban Boundary as required by GP1. The NPPF supports new residential development in sustainable locations and gives emphasis to good design in new development. As a supplement to the adopted Local Plan, the adopted South West Burnley Development Brief (SWBDB) establishes the broad development principles for the area. Housing choice, needs and density The requirement to provide a choice of housing to meet local needs is set by H4 and H5.

The layout shows a range of house types, appropriate to meet the needs of this part of South West Burnley. The proposed density of around 41 dwellings/hectare on the site would be towards the middle of the normal range (30 – 50 dwellings/ha) expected by H6, which would be acceptable. The applicant has submitted a statement concluding that provision of affordable housing would be unviable due to unfavourable build cost to valuation relationship. Design, appearance and sense of place Policy H3 seeks to ensure quality and good design especially in terms of visual and residential amenity, safety and creation of a sense of place. E21 identifies Hameldon Approach as a Throughroute and Gateway to Burnley alongside which development should be of good quality design, enhancing the surroundings. South West Burnley Development Brief sets key principles for good design in the area:

• Active frontage to Tay Street and Accrington Road.

• High quality design particularly important due to the site’s high visibility from Hameldon Approach.

• Respect for the existing grid-iron pattern which is pedestrian permeable and gives continuity and enclosure, with built up frontages.

• Visual amenity and the streetscene should be enhanced by tree planting, landscaping and footway/road improvement.

• Streets should be designed as attractive, safe, pedestrian friendly places that encourage social interaction.

These principles are broadly achieved by the proposal.

Transport and Accessibility The indicative layout showing provision of mainly in-curtilage car parking at a ratio of around 1.75 spaces per dwelling, which would be in accordance with the car parking standards set by TM15. Due account is taken of the moderately high accessibility of the site on the basis of the Accrington Road bus routes, and accessibility by cycle. The car parking would mainly be in-curtilage, with some grouped spaces set in the space intervening between the proposed houses and the garage building adjoining the site. Flood Risk Policy E8 requires that development should not increase the risk of flooding by discharge of additional surface water or harming flood defences. The Environment Agency is content with the provisions of the development. Public open space Under Policy H7 Public Open space (POS) is required for all new housing development, and for this amount of housing, POS could be provided on or off site. The applicant’s viability statement refers to open space provision in that a contribution to off-site facilities, or provision within the site, would render the development economically unviable. Public art The scheme provide for a small public art feature at the Acctington Road entrance to the site. (Policy E22).. Other matters There is likely to be some impact on residential amenity as a result of noise from adjacent Hameldon Approach and possibly the railway. A condition requiring noise assessment and any necessary mitigation should be imposed in a grant of planning permission. The request for provision of car parking for the adjacent Nursery and Sure Start premises should be regarded as a consideration that (whilst it may be beneficial to the organizations concerned) is not material to this application. If an application for such car parking were to be submitted it would be considered on its merits, and may well be granted. However, the present application for residential development of the land is in accordance with the development plan which identifies it for such development and ought to be granted on that basis. Conclusion This proposal moves forward the Borough’s aspirations (set in adopted policies) for regeneration of this part of South West Burnley. Recommendation: That subject to no objections being raised by the Highway Authority, the Head of Housing and Development Control be delegated to grant planning permission subject to the following conditions and any other conditions required by the Highway Authority:

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

2. No development in relation to dwellings fronting Hameldon Approach or the railway at the north of the site shall be started until a noise assessment which details the likely noise levels in those finished dwellings has been submitted to and approved in writing by the Local Planning Authority (who shall set the scope for such assessment if so requested). The noise assessment shall identify and determine appropriate noise mitigation measures (such as soundproofing) required to protect the amenity of residents of those dwellings. The approved noise mitigation measures shall be implemented in respect of each of those dwellings before it is first occupied.

3. Before the development hereby permitted is commenced, details of the wheel

scrubbing/wash down facilities to prevent mud being deposited onto the public highway during construction work shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be retained throughout the construction phase.

4. All redundant vehicle access crossings within the site shall be reinstated to

finished footway level.

5. Notwithstanding any description of materials in the application, no work shall start until precise details of wall and roof materials have been submitted to and approved in writing by the Local Planning Authority. The materials used in the development shall be in accordance with the approved scheme, to the satisfaction of the local planning authority.

6. The development shall not begin until: (a) an intrusive site investigation has

been undertaken to establish the impact of of former coal mining on the proposed development; (b) a report of that investigation and a scheme of remediation as may arise from the findings of the investigation, has been submitted to and approved in writing by the Local Planning Authority; and, (c) any scheme of remediation, approved under this condition, has been implemented as approved.

7. The development shall not begin until:

a. A strategy for investigating contamination present on the site has been submitted to and approved in writing by the local planning authority; b. An investigation has been carried out in accordance with the approved strategy; c. A written report, detailing the findings of the investigation, assessing the risk posed to receptors by contamination and proposing a remediation scheme, including a programme for implementation, has been submitted to and approved in writing by the local planning authority. Remediation work shall be carried out in accordance with the approved remediation scheme and programme. Remediation work on contamination not identified on the initial investigation but found during construction work shall be carried out in accordance with details approved in writing by the local

planning authority subsequent to its discovery. Evidence verifying that all remediation work has been carried out in accordance with the approved scheme shall be submitted to and approved in writing by the local planning authority before any part of the development is brought into use.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act

1990.

2. To safeguard future residents from noise disturbance in accordance with Policy GP7 of the Burnley Local Plan Second Review.

3. In order to prevent materials from the site being deposited on the adjoining

public highway, in the interests of highway safety and the amenity of the surrounding area, in accordance with policy GP1 of the Burnley Local Plan, Second Review.

4. To retain the integrity of the public highway.

5. To secure a satisfactory development in materials which are appropriate to the

locality, in the interests of visual amenity and in accordance with policy GP3 of the Burnley Local Plan, Second Review.

6. To ensure that any legacy of unfavourable ground conditions is properly treated, having regard to paragraph 121 of the National Planning Policy Framework.

7. To ensure that risks from contamination to the future users of the land and

neighbouring land are minimised, together with those to controlled waters, property and ecology systems, to ensure that the development can be carried out safely without unaccpetable risks to workers, neighbours and other off-site receptors, in accordance with Policy GP7 of the Burnley Local Plan Second Review.

AR

5.9.2012