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Agenda and minutes

Contact: Democratic Services 

Items
No. Item

17.

Welcome and Apologies pdf icon PDF 281 KB

Minutes:

The Chair welcomed everyone to the virtual meeting.

 

Apologies were received from Cllr Jim Casey.

18.

Minutes of the Previous Meeting pdf icon PDF 377 KB

Minutes:

RESOLVED – That the minutes of the previous meeting held on 15th July 2020 be confirmed and signed as a correct record.

19.

Declaration of Interest pdf icon PDF 13 KB

Minutes:

RESOLVED – There were no Declarations of Interest received.

20.

Planning Applications for Determination pdf icon PDF 146 KB

Minutes:

The Committee considered reports of the Director of Growth and Development detailing the planning application. 

 

In considering the applications, the Committee took into account representations or submissions provided by individuals with the Officers answering points raised during discussion thereon.

20.1

Planning Application 10/18/1097 pdf icon PDF 3 MB

Minutes:

Applicant – Blackburn Waterside Regeneration Ltd

 

Location and Proposed Development – Phase 1B Former Sappi Paper Mill, Livesey Branch Road, Feniscowles, Blackburn, BB2 5HX

 

Reserved Matters Application for Reserved Matters Application (access within the site, landscape, layout, appearance, scale) pursuant to outline 10/15/0496 for Phase 1b comprising of 141 dwellings and associated infrastructure

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report

20.2

Planning Application 10/20/0434 pdf icon PDF 6 MB

Minutes:

Speaker – Mr H Khan (The Applicant)

 

Applicant – Mr H Khan

 

Location and Proposed Development – Land to the rear of 29 Greenhead Avenue.

 

Full Planning Application for use as garden (retrospective).

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report and Update Report

 

20.3

Planning Application 10/20/0511 pdf icon PDF 1 MB

Minutes:

Speaker – Ms Louise Leyland (Agent)

 

Applicant – Mr and Mrs Hood

 

Location and Proposed Development – Fir Trees, Green Arms Road, Turton, BL7 0NA

 

Proposed detached garage and relocation of gate

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report

20.4

Planning Application 10/20/0625 pdf icon PDF 857 KB

Minutes:

Speaker – Mr Kenneth Warner (Applicant)

 

Applicant – Mr Kenneth Warner

 

Location and Proposed Development – Land Adjacent Hob Lane Farm, Blackburn Road, Edgworth, Bolton, BL7 0PU

 

Full planning application for form new access/re-open former access onto Blackburn Road

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report

20.5

Planning Application 10/20/0720 pdf icon PDF 701 KB

Minutes:

Speaker – Mr Paul Sedgwick (Agent)

 

Applicant – Mr John Pimblett

 

Location and Proposed Development – 230 Chapeltown Road, Edgworth, Bolton, BL7 9AN

 

Full Planning Application for Demolition of existing garages, utility room and store and erection of two storey dormer extension to provide quadruple garage, workshop, utility room and kitchen extension with additional bedroom accommodation at first floor level together with change of use of 4 m2 of land outside the curtilage of the existing garden (Green belt) to residential

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report

21.

Infrastructure Funding Statement 2019/20 and Update to S106 Process pdf icon PDF 490 KB

To present Members with an update on the recently published Infrastructure Funding Statement for 2019/20, for Blackburn With Darwen Borough Council, and also how the Council will begin to add a monitoring fee to any s106 agreement associated with planning applications received from 1st October 2020.

Minutes:

Members were updated on the recently published Infrastructure Funding Statement for 2019/20, for Blackburn with Darwen Borough Council, and how the Council will begin to add a monitoring fee to any s106 agreement associated with planning applications received from 1st October 2020.

 

The Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2019 now requires authorities (from December 2020) to prepare an Infrastructure Funding Statement (IFS) to set out their annual income and expenditure relating to section 106 agreements.

 

Blackburn with Darwen’s 2019-20 IFS provides a summary of financial contributions the Council has secured through section 106 agreements from new developments for off-site infrastructure works and affordable housing, in addition to highway works completed as part of new developments through section 278 agreements within the 2019-20 monitoring period. It also includes information on the infrastructure works funded through s106 contributions.

 

In summary, the report provides:

·       an overview of s106 and s278 agreements;

·       the Council’s internal process relating to s106 contributions;

·       information on the introduction of monitoring fees;

·       the s106 contributions paid to the Council in the 2019/20 monitoring period;

·       s106 contributions and s278 works estimated for future years; and

·       projects delivered in the Borough via s106 and s278 agreements in the 2019/20 monitoring period.

 

The information included in the report is updated annually and published on the Council’s website. This will ensure the most up to date information on the amount of developer contributions received from new developments, in addition to information on where these monies have been spent is readily available to members of the public and other interested parties. The report does not include information on the infrastructure delivered on site as part of new developments in the borough.

 

RESOLVED – That the report be noted.

22.

Appeals Monitoring Report pdf icon PDF 63 KB

To present Members with an update of recently decided appeals since the last monitoring report in October 2019.

Additional documents:

Minutes:

Members were updated on the recently decided appeals since the last monitoring report in October 2019.   It was noted that 9 no appeals in total were determined during the period 18th October 2019 to 2nd October 2020 and 7 no appeals were dismissed, and two appeals were allowed.

 

With regards to the appeals allowed by the Inspectorate, and the reasons provided, these have been duly considered in detail by officers, and have been incorporated in the decision making culture as part of the Planning Service’s Performance Improvement Plan, in order to reduce the number of appeals, and subsequently the number of appeals allowed.

 

RESOLVED – That the report be noted.

23.

Diversion of Public Footpath's 25,26,27,28 and 31 (part) Blackburn pdf icon PDF 451 KB

Diversions of public footpaths necessary due to housing development off Ramsgreave Drive at Roe Lee, Blackburn

Additional documents:

Minutes:

To seek committee approval for a public path order under the Town & Country Planning Act 1990, Section 257 to divert public footpaths 25,26,27,28 and 31(part) Blackburn 

 

On the 14th February 2019, the Council granted planning permission for a residential development off Ramsgreave Drive in Blackburn (Application 10/18/0895)

 

Public Footpaths 25,26,27,28 and 31 Blackburn cross the development site and in order that the development can be implemented as per the planning approval, it is necessary that sections of these public footpaths be diverted. The Council has received an application from the developer, Persimmon Homes, to divert the footpaths affected.

 

Under the Council’s Constitution this Committee has ‘The power to create, divert, stop up, extinguish and reclassify footpaths and bridleways and the power to make orders and enter agreements in relation to the same’

 

The Committee therefore has to consider whether, or not, to promote the Order requested by the applicants.  In order to assist members in making this decision, officers have prepared a detailed report with the necessary information to enable an informed decision to be made.

 

RESOLVED - To Promote the Order and authorise the Director of HR, Legal, and Governance to progress the necessary legal orders.

24.

Planning White Paper "Planning For The Future" - Summary Of The Issues And Blackburn With Darwen Borough Council's Response To The Ministry Of Housing, Communities & Local Government Consultation - Planning For The Future - White Paper, August 2020 pdf icon PDF 689 KB

To inform Members of the main changes proposed with the White Paper, and the Council’s response and views on the Government’ proposals to overhaul the planning system.

To agree the responses to the questions set in the Consultation paper, and that the responses should form the formal views of the Council.

Minutes:

The Members were informed of the main changes proposed with the White Paper, and the Council’s response and views on the Government’ proposals to overhaul the planning system.

 

On the 6th August 2020, the Government published the White Paper “Planning For the Future”, which sets out a wide-ranging package of proposals to reform the planning system.   The Government stated that the consultation seeks the views on each part of a package of proposals for reform of the planning system in England, to streamline and modernise the planning process, improve outcomes on design and sustainability, reform developer contributions, and ensure more land is available for development where it is needed. 

 

The Government’s White Paper proposes a radical and ambitious overhaul of the English planning system, intended to streamline the planning process. It sets out key principles for a new system, which is likely to involve new primary legislation.  Key areas of change were focussed on the following:

 

·       Plan making

·       Development Management

·       Community Engagement

·       Design

·       Digital

·       Stricter Timeframes

  

The consultation will be for 12 weeks, and closes on Thursday 29th October 2020.  This report provides an overview of the proposals set out in the White Paper, and the proposed responses to the main questions set around the proposal.  

 

There are 22 specific proposals set in three areas, which are known as “Pillars”, with a series of questions relating to the proposal.  The report will focus on the main questions.

 

 

RESOLVED –

 

1.    That the issues within the report be noted

2.    That the Members approved the proposed responses and supplementary comments to the questions raised in the consultation document and sent to the Ministry of Housing, Communities and Local Government by 29th October 2020

25.

Validation Requirements for Planning Applications – Major planning applications and Sustainable Drainage requirements pdf icon PDF 186 KB

For Members to agree and recommend that the list of requirements for the submission of planning applications is amended as detailed in the report, in order to ensure that Blackburn With Darwen has an up-to-date formally adopted scheme with reference to recent policy changes.

Minutes:

Members were requested to agree and recommend that the list of requirements for the submission of planning applications be amended as detailed in the agenda report, in order to ensure that Blackburn with Darwen has an up-to-date formally adopted scheme with reference to recent policy changes. 

 

The Council was required to keep an up-to-date list of the requirements for the validation of planning applications known as the Local Validation Checklist.  It was last reviewed on the 18th October 2019. Since the adoption of the latest lists, there have been no changes, which would require a full review of the list until October 2021.

 

In July 2020, the need for all major developments, and developments within Critical Drainage Areas to be supported was introduced. The measures reinforced existing national sustainable drainage requirements and any relevant developments now cannot be lawfully validated without meeting those requirements.

 

 

RESOLVED – That Members support the proposed change to the Local Validation Checklist

26.

Enforcement - Land at Weasel Lane (Kiln Bank) Tockholes, Darwen

Minutes:

A report was submitted seeking authorisation to take enforcement action against all persons having an interest in land at Weasel Lane (Kiln Bank) Tockholes, Darwen.

 

Background information including grounds for the request were outlined in the report.

 

RESOLVED – Authorisation was given to the proposed enforcement action to remove the unauthorised residential use.