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Agenda and minutes

Venue: Meeting Room A. View directions

Contact: Democratic Services 

Items
No. Item

10.

Welcome and Apologies

Minutes:

The Chair welcomed everyone to the Committee.

 

There were no apologies were received.

11.

Minutes of the Previous Meeting pdf icon PDF 570 KB

Minutes:

RESOLVED - That the minutes of the previous meeting held on 26th May 2022 be confirmed and signed as a correct record.

12.

Declaration of Interest pdf icon PDF 13 KB

Minutes:

RESOLVED – There were no Declaration of Interests received.

13.

Planning Applications for Determination pdf icon PDF 149 KB

Minutes:

The Committee considered reports of the Strategic Director of Place detailing

the planning applications.

 

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

13.1

Planning Application 10/22/0266 pdf icon PDF 721 KB

Minutes:

Applicant – Mr S. Close & Miss B. Leek

 

Location and Proposed Development – 33 Coronation Avenue, Feniscowles, Blackburn, BB2 5EL.

 

Full Planning Application for Erection of two storey side extension, single storey rear extension, flat roof dormer to rear, insertion of roof lights and roof canopy to front.  

 

Decision under Town and Country Planning Acts and Regulations –

 

RESOLVED – Approved subject to the conditions highlighted in the Directors Report

 

13.2

Planning Application 10/22/0370 pdf icon PDF 901 KB

Minutes:

Applicant – Ashworth Nursery School

 

Location and Proposed Development – Ashworth Nursery School, Addison Close, Blackburn, BB2 1QU

 

Full Planning Application (Regulation 4) for Installation of 2.4m high anti-climb green mesh fencing and passenger gates to replace to existing fencing

 

Decision under Town and Country Planning Acts and Regulations –

 

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

 

 

13.3

Planning Application 10/22/0428 pdf icon PDF 1 MB

Minutes:

Applicant – Blackburn Waterside Regeneration Ltd

 

Location and Proposed Development – Former Sappi Mills, Plot 1, Phase 1 A (Watermills Development) Livesey Branch Road, Blackburn

 

Full Planning Application (Retrospective) for Erection of a detached 3 bedroom bungalow (retrospective)

 

Decision under Town and Country Planning Acts and Regulations –

 

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

 

14.

Proposed Introduction of an Article 4 Direction - Removal of permitted development rights for the change of use from Use Class C3 (dwelling-houses) to C4 (HMOs) pdf icon PDF 191 KB

To brief the Planning and Highways Committee on current issues relating to Houses of Multiple Occupation (HMOs) and set out the justification for making a new Article 4 Direction to control the change of use from a dwellinghouse to a HMO and to set out the new designated area which that Direction will apply to. (The new Article 4 Direction designation is proposed to cover the whole urban area of Blackburn with Darwen and will replace the existing Article 4 Direction.)

Additional documents:

Minutes:

The Members of the Committee were briefed on the current issues relating to Houses of Multiple Occupation (HMOs) and set out the justification for making a new Article 4 Direction to control the change of use from a dwelling house to a HMO and to set out the new designated area which that Direction will apply to. (The new Article 4 Direction designation is proposed to cover the whole urban area of Blackburn with Darwen and will replace the existing Article 4 Direction.)

 

In April 2010, the Government introduced a new Use Class C4 (C4) to the Use

Classes Order, relating to Houses of Multiple Occupation (HMOs) covering small shared houses or flats; defined as being occupied by 3 to 6 unrelated individuals who share basic amenities. In October 2010, the Government then introduced legislation, under ‘permitted development rights’ to allow the change of use of a dwelling house to a C4 use without the need to apply for planning permission. Whilst introduced through previous legal Orders, these ‘permitted development’ rights are now legislated through The Town and Country Planning (General Permitted Development) (England) Department of Place, Growth and Development Order 2015 (as amended)1 or GPDO for short, which gives permission to carry out certain ‘permitted development’ subject to certain conditions.

 

The GPDO (2015) (Part 3, Class L (part b)) grants permitted development rights to allow the conversion from a use falling within Use Class C3 (dwelling houses) to a use falling within Class C4 (HMOs), and relate only to dwelling houses of not more than 6 residents. Proposals for HMOs containing 7 or more residents already require planning permission to be sought.

 

In usual circumstances, the conversion of a dwelling house to a HMO (for 3 to 6 persons) does not therefore require planning permission to be sought. However, the Government recognises that sometimes local circumstances will mean greater control needs to be given to local powers to manage such types of development. Consequently, Article 4 of the GPDO (2015) allows Local Planning Authorities (LPAs) to remove permitted development rights from specified areas under their management, thereby requiring applicants to apply for planning permission and enabling the LPA the opportunity to consider a proposal in more detail. These are called Article 4 Directions.

 

In 2012, Blackburn with Darwen Borough Council agreed to introduce a (non-immediate) Article 4 Direction to remove permitted development rights for the conversion of C3 to C4 uses within the wards, then known as, Shear Brow, Corporation Park, Wensley Fold, Mill Hill, Ewood, Sudell and Sunnyhurst. The Direction was introduced in response to concerns from elected members, residents, businesses and other stakeholder agencies, at the detrimental impact that high numbers and localised concentrations of HMOs were having on the physical, economic and social fabric of communities and neighbourhoods across the borough.

 

Later in 2012, a Supplementary Planning Document (SPD) relating to planning applications for HMOs was consulted upon and adopted, producing clear and detailed local policy guidance to set out how and why HMOs  ...  view the full minutes text for item 14.

15.

Enforcement

Minutes:

A report was submitted seeking authorisation to take enforcement action against all persons having an interest in land at 63 Oozehead Lane, Blackburn.

 

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

 

RESOLVED – Authorisation was given to the proposed enforcement action at land as 63 Oozehead Lane, Blackburn.