Agenda, decisions and minutes

In the Chair, Cllr Sabahat Imtiaz, welcomed everyone to the first meeting of the municipal year.

Apologies were received from Cllrs Dave Smith, who was substituted by Cllr Stephanie Brookfield and Cllr Matthew Jackson who was substituted by Cllr Anthony Shaw.

RESOLVED – That the minutes of the previous meeting held on 18^th April 2024 be approved and signed as a correct record.

RESOLVED – There were no Declarations of Interest received.

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.

Applicant – Barnfield Blackburn Ltd

Location and Proposed Development- Land off Goose House Lane, Darwen

Full Planning Application for Construction of a new Manufacturing Research Centre (Sui Generis) along with 10 No. smaller Industrial Units (E(g), B2 and B8) with car parking and landscaping.

Decision under Town and Country Planning Acts and Regulations –

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report and subject to an agreement under Section 106 of the Town and Country Planning Act 1990, relating to the payment of £101,000 towards off-site highway works (including a monitoring fee). Should the Section 106 agreement not be completed within 6 months of the date of the decision date, the Strategic Director of Growth and Development and Deputy Chief Executive will have delegated powers to refuse the application.

Applicant – Lancashire School Sailing Association (LSSA)

Location and Proposed Development- Land adjoining Fishmoor Reservoir, off Blackburn Road, Blackburn

Full Planning Application (Regulation 4) for: New community boathouse building adjoining Fishmoor Reservoir including new parking area and secure rigging area leading to existing slipway. Removal of existing shipping containers.

Decision under Town and Country Planning Acts and Regulations –

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

Applicant – Mr Leadley

Location and Proposed Development- Land adjacent to Units 1 to  Charles Street, Darwen

Full Planning Application (Regulation 4) for Creation of new parking area, alteration to existing footpath, replacement access gates and boundary fencing and new vehicular access

Decision under Town and Country Planning Acts and Regulations –

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report and revised condition No3:

“No above ground works shall take place until a scheme for the disposal of surface water from the site has been submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing with the Local Planning Authority, the scheme shall include:

(i)             An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365;

(ii)            Ground levels of the proposed drainage systems in AOD;

(iii)          Details of the rate of surface water discharge from the site to any soakaway, watercourse or sewer, including provisions to ensure that the post-development discharge rate does not exceed the pre-development rate (incorporating a climate change allowance of 40%);

(iv)          Details of any necessary flow attenuation measures, including the use of SUDS where appropriate, unless unachievable for technical reasons;

(v)            Incorporate mitigation measures to manage the risk of sewer surcharge where applicable;

(vi)          Details of how the scheme will be maintained and managed after completion; and

(vii)         A timetable for implementation, including details of any phased delivery. The duly approved scheme shall be implemented before above groundworks are commenced, or within any other timescale first agreed in writing with the Local Planning Authority following consultation with United Utilities.

REASON: To ensure that the development is not at risk of flooding and does not increase flood risk elsewhere, and that adequate measures are put in place for the disposal of foul and surface water in accordance with the requirements of Policy DM13 of the Blackburn with Darwen Borough Local Plan 2021-2037 and the National Planning Policy Framework.”

Applicant – Blackburn with Darwen Council

Location and Proposed Development- Land at Cathedral Square, Blackburn

Full Planning Application (Regulation 3) for Relocation of free-standing bronze statue of Barbara Castle from Jubilee Square to the land on Cathedral Square

Decision under Town and Country Planning Acts and Regulations –

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

Speaker – Mr Warner (Applicant)

Applicant – Mr Warner

Location and Proposed Development- White Lodge Farm, Blackburn Road, Edgworth, Bolton

Full Planning Application for Erection of garage and driveway to side of house.

Decision under Town and Country Planning Acts and Regulations –

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

Applicant – Blackburn with Darwen Borough Council

Location and Proposed Development- Imperial Mill, Gorse Street, Blackburn

Full Planning Permission and Listed Building Consent: Works to Imperial Mill consisting of repairs to loading bay, to consist of installation of replacement roofs, repairs to brickwork, removal of 9 no. windows and temporary boarding up of 27 no. windows (Retrospective)

Decision under Town and Country Planning Acts and Regulations –

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

Applicant – North Turton Parish Council

Location and Proposed Development-  Chapeltown Memorial Garden, High Street, Chapeltown

Relocation of Grade ll listed cross 

Decision under Town and Country Planning Acts and Regulations –

RESOLVED – Approved subject to the conditions highlighted in the Director’s Report and the amended condition 3:

(3) The development hereby approved shall be implemented in struct accordance with the measures and methods detailed within the submitted Methodology report, prepared by Heritage Property Repairs, and dated 14th May 2024.

REASON: In order to control the scope of required works, in the interests of safeguarding the historical significance of the listed building, and to comply with the requirements of Policies CP7 and DM26 of the Blackburn with Darwen Borough Council Local Plan (2021-2037).

Applicant – Blackburn with Darwen Borough Council

Location and Proposed Development-  King George’s Hall, Northgate, Blackburn

Full Planning Permission and Listed Building Consent: Works on King Georges Hall, consisting of repair and replacement of slanted and flat roof, rooflights, roof access system, and rainwater goods.

Decision under Town and Country Planning Acts and Regulations –

RESOLVED – Approved subject to the conditions highlighted in the Directors Report and following conditions in the Update Report:

Work that will impact on habitats where nesting birds may be present (for example, works to repair suitable crevices in walls and roof) shall not be undertaken between the 1st March and 31st August in any year, unless and until suitable checks for active bird nests have been undertaken, and the results of these checks have been submitted to the Local Planning Authority in writing, confirming that no active bird nests are present.

REASON: To ensure the protection of nesting birds, in accordance with the requirements of Policy DM15 of the Blackburn With Darwen Borough Local Plan 2021-2037.

The development hereby permitted, shall be carried out in accordance with the measures outlined in Sections 5.5 and 5.6 of the submitted Bat Survey Report (Bowland Ecology – BOW17.1570), received on the 21st May 2024.

REASON: To enhance the application for biodiversity, in accordance with the requirements of Policy DM15 of the Blackburn With Darwen Borough Local Plan 2021-2037.

Case specific informative note:

All bats and their roosts are protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 39(1) of the Conservation (Natural Habitats &c.) Regulations 1994. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and Natural England contacted for further advice. This is a legal requirement under the Wildlife and Countryside Act 1981 (as amended) and applies to whoever carries out the work. All contractors on site should be made aware of this requirement and given the relevant contact number for Natural England, which is via the Bat Conservation Trust on 0845 1300 228.

A report was submitted to seek approval of the variation of the Tree Preservation Order (TPO) dates 23rd October 1991 to remove entry ‘W2’ at Parsonage Road/Whalley New Road that is currently preserved under the TPO.

The Council adopted its current Local Plan on the 25th January 2024 – Blackburn With Darwen Borough Local Plan 2021-2037. Policy H195 of the Plan allocates the “North-East Blackburn Strategic Housing Site” (refer to Figure 1). The first “key development consideration” requires a Masterplan to be brought forward which includes the preparation of a Design Code and infrastructure and Delivery Strategy covering the whole of the allocation site. The first inception meeting between Council Officers and Consultants acting on behalf of the Council was held on the 28th February 2024. Following this meeting, surveys have started on the site, one of which was to review the current constraints across the whole site.

One of the constraints identified is that part of the site contains a Tree Preservation Order (TPO) – Parsonage Road/Whalley New Road TPO 1991, of which within the Schedule, W2 is identified as a “Beech Woodland” – refer to Figure 2. Refer to Appendix 1 for the full TPO Schedule and Plan. The woodland is identified as being on land associated with Brownhill Farm located to the north and to the west of Newington Avenue.

Following a site inspection by the Council’s Arboricultural Officer on 26th April 2024, it became apparent there are several standing dead trees as shown in the photograph (Figure 3), with no living trees within W2 of the Order.

There is a requirement under section 206 of Town and Country Planning Act 1990. to plant replacement trees. Section 207 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a ‘tree replacement notice’. However, The local planning authority’s power to enforce tree replacement is discretionary.

In this particular case, the woodland W2 is located within a strategic housing site allocation and enforcement by serving a tree replacement notice would conflict with the aspirations and key development considerations of the housing allocation. The Masterplan will fully consider the “landscape character” of the site allocation in accordance with Policy DM22 of the Local Plan, which includes enhancing existing woodland areas by increasing the presence of new native woodland planting across the site. As such, the Masterplan for the site will allow flexibility for new landscaping (including trees) and in effect act as replacement planting for W2.

RESOLVED – That the variation to the Parsonage Road/Whalley New Road Tree Preservation Order 1991 by the removal of entry ‘W2’ from the TPO be confirmed

A report was submitted to obtain authorisation for enforcement action against all persons having an interest in the land at 204 Preston New Road, Blackburn. Background information including grounds for the request were outlined in the report.

RESOLVED – Authorisation was granted for the enforcement to be undertaken at 204 Preston New Road, Blackburn

A report was submitted to obtain authorisation for enforcement action against all persons having an interest in the land at 8 Ayr Road, Blackburn. Background information including grounds for the request were outlined in the report.

RESOLVED – Authorisation was granted for the enforcement to be undertaken at 8 Ayr Road, Blackburn