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E15 – LOCALLY IMPORTANT BUILDINGS, FEATURES AND ARTEFACTS

Development proposals which materially affect important features of the historic environment will not be permitted unless reasonable measures are taken to avoid unnecessary damage to, or removal of:

locally important buildings;
street materials; and
features of quality and craftsmanship, or of particular local historic importance.

Justification

7.77 Within the Borough there are a number of locally important buildings which are not statutorily protected, but which contain a number of features, which if lost, would devalue the overall quality of the environment and the identity of Burnley. There are also sites which contain a number of interesting features and artefacts, many of which are Locally Listed or Unscheduled Ancient Monuments.

7.78 These sites are recognised for their:

Historic Value – such as datestones, milestones, and non-conformist chapels;
Archaeological value – such as industrial archaeological sites which are not otherwise protected;
Architectural Value – including watershot gritstone walling, stone slab roofing and three-light window arrangements on rural houses;
Craftsmanship – old or modern works displaying quality or artistry; and
Potential Added Value to a development – such as boundary walls, railings, gates, stone kerbs, stone steps, lamps, cobbled surfaces and hidden features.

7.79 The aim of this policy is to retain those elements which may not be individually exceptional, but add together to make up a distinctive townscape.

7.80 Where the merits of a particular development outweigh the benefits of retaining features, the developer will, in appropriate circumstances, be required to carefully relocate such features at their own cost, to a place approved by the Council, either within the development site, or other area by agreement.

Target: E1g

E16 – AREAS OF TRADITIONAL CONSTRUCTION

URBAN AREAS OF TRADITIONAL CONSTRUCTION

In existing urban areas of traditional construction the Council will expect development proposals to have walls of natural local stone and roofs of stone slates or natural Welsh slate and to be of a scale, form and detailing which respects local traditional construction

RURAL AREAS OF TRADITIONAL CONSTRUCTION

Outside the Urban Boundary shown on the Proposals Map the Council will expect all development proposals to display a high standard of design and to be of a traditional rural form, character and natural materials

The use of artificial materials may, in certain circumstances, be considered.

Innovative designs, techniques and materials will be permitted where they respect and enhance to local context.

Justification

7.81 An area of traditional construction can be found wherever there is a predominance of stone buildings. Large parts of Burnley and Padiham town centres, together with the terraced housing found around Padiham, Burnley Wood, Stoneyholme, Daneshouse and Whittlefield, are all examples of such areas. They already have strong identities, and the aim of this policy is to maintain their character through the changes brought about by improvement, redevelopment and infill buildings.

7.82 Traditional rural buildings are an essential part of the attractive rural landscapes of the Borough. It is important that new building in the countryside maintains this rural character.

7.83 In general, traditional rural buildings are made of stone (sometimes rendered or colour-washed), with pitched, gable roofs of grey stone slate or Welsh blue slate, and simple form and detailing.

E17 – HISTORIC PARKS AND GARDENS

The Council will seek to preserve and enhance the Parks and Gardens included in English Heritage’s Register of Parks and Gardens of Special Historic Interest. Within the Borough they are as follows:

E17/1 – Towneley Park;
E17/2 – Gawthorpe Hall;
E17/3 – Thompson Park;
E17/4 – Scott Park; and
E17/5 – Queens Park.

Development within and adjoining historic parks and gardens, will be permitted provided that all of the following criteria are satisfied:

it would not lead to the loss of, or harm to, the historic character, setting and appearance of the park or garden and any important landscape or ecological features within it;
the proposals are compatible with the character and appearance of the surrounding area; and
the site has adequate access and the traffic generated can be safely accommodated on the local highway network.

Justification

7.84 The Borough has five historic parks and gardens, Towneley Park, Thompson Park, Scott Park, Queens Park and the gardens associated with Gawthorpe Hall. All of these form a significant resource for local residents and visitors, and there is potential for them to improve and develop. However, care must be taken not to damage the special character and features of the park or of the surrounding environment. Consideration should be given to the transport implications of any proposal.

7.85 Development proposals within Towneley Park will be expected to have regard to the Towneley Park Management Plan and the Heritage Lottery Bid for Towneley Park.

Target: E1h

E18 – SCHEDULED ANCIENT MONUMENTS

Scheduled Ancient Monuments should be preserved where they are found. Development which fails to preserve the archaeological value and interest of Ancient Monuments or their settings will not be permitted.

The 22 existing Scheduled Ancient Monuments are identified on the Proposals Map:

E18/1 – Queen Street Mill engine
E18/2 – Small stone circle on Delf Hill
E18/3 – Pike low bowl barrow and site of beacon, Bonfire Hill
E18/4 – Bowl barrow 90m East of Twist Castle
E18/5 – Bowl barrow 155m East of Beadle Hill
E18/6 – Bowl barrow 140m East of Beadle Hill
E18/7 – Saucer barrow 90m East of Ell Clough
E18/8 – Ring cairn 25m East of Ell Clough
E18/9 – Beadle Hill Romano-British farmstead
E18/10 – Twist Castle Romano-British farmstead
E18/11 – Burwains Camp prehistoric defended settlement West of Broad Bank Hill
E18/12 – Ice house at Towneley Hall
E18/13 – Oakmount Mill engine and engine house, Wiseman Street
E18/14 – Group of barrows in Everage Clough
E18/15 – Hapton Castle
E18/16 – Ightenhill Manor (site of)
E18/17 – Bowl barrow on Hameldon Pasture
E18/18 – Round cairn on Hameldon Pasture
E18/19 – Ring cairn on Slipper Hill
E18/20 – Two Romano-British farmsteads known as Ring Stones
E18/21 – Heights Farm World War Two Bombing Decoy
E18/22 – Thieveley Lead Mine

Justification

7.86 Archaeological remains should be seen as a finite, non-renewable resource: in many cases, highly fragile and vulnerable to damage and destruction. They are part of our national heritage and are valuable both for their own sake and for their role in education, leisure and tourism.

7.87 The most nationally important sites are protected as Scheduled Ancient Monuments under the Archaeological Monuments and Archaeological Areas Act 1979.

7.88 Works to Ancient Monuments need Scheduled Monuments Consent from the Department of Culture, Media and Sport

7.89 Where nationally important remains, or their settings, are affected by proposed development there is a presumption in favour of their physical preservation in situ (where they are found). Proposals which would involve significant alteration, or cause damage, or which would have a significant impact on the setting of visible remains will not be permitted.

Target: E1f.

E19 – DEVELOPMENT AND ARCHAEOLOGICAL REMAINS

Before the Council determines an application for development that may affect known or potential sites of archaeological interest, applicants will be required to make provision for an archaeological assessment. This assessment should define:

the character and condition of any archaeological monuments or remains within the application site;
the likely impact of the proposed development on such features; and
the means of mitigating the effect of the proposed development to achieve preservation of the remains in situ, or ,where this is not feasible or justifiable, provision for excavation and archaeological recording prior to the commencement of development.

Justification

7.90 As well as the Scheduled Ancient Monuments, there are other important archaeological sites within the Borough that are not scheduled, but which nevertheless merit conservation.

7.91 Appropriate management is necessary to ensure that these sites survive in good condition. In particular, that archaeological remains are not needlessly or thoughtlessly destroyed.

7.92 The key to preserving these sites and reconciling the needs of archaeology and development will be early consultation between developers, the Council and the County Council. Consultation with the County Archaeological Officer and the Lancashire Sites and Monuments Record will be essential to ascertain whether archaeological remains are known or thought likely to exist on particular sites.

7.93 Where early discussions indicate that important archaeological remains exist, developers will be required to undertake an archaeological assessment as part of the planning application. This will help to define the character and extent of the archaeological remains that exist, and indicate the weight which ought to be attached to their preservation. It can also identify potential options for minimising or avoiding damage. Thus allowing an informed and reasonable planning decision to be taken.

7.94 Where development is found to be acceptable, the preservation in situ of important archaeological remains is always to be preferred. Developers can help in this by preparing sympathetic designs, or by the careful siting of landscaped or open areas.

7.95 Where physical preservation in situ is not justified or feasible, an archaeological excavation for the purposes of “preservation by record” may be considered. However, this is regarded as the second best option as excavation in itself results in the destruction of the site and the loss of in situ remains for future generations. Legal agreements or planning conditions will be used to ensure that developers make appropriate and satisfactory provision for the excavation and recording of the remains.

7.96 During the construction process reasonable access will be required to give the Council’s nominated archaeologist the opportunity to hold a “watching brief” or carry out archaeological investigation and recording in the course of the permitted operations on the site.

E20 – VIEWS

New development will be permitted where:

it respects skylines, roofscapes and views; and
it does not detract from the public view of prominent or important buildings, or affect views into and out of Major Open Areas, by intruding into or on their margins

Justification

7.97 The landscape of Burnley provides a number of attractive views. This unique and distinctive heritage should be protected and further enhanced by new development within the Town.

7.98 The geographical position of Burnley has influenced the town’s development, providing spectacular views both into, and out of the town. Another influence on the views within the Borough is the physical development of the town and its industrial heritage, with many viewpoints around the town giving fine views of rows and rows of terraced streets and landmark buildings.

7.99 As well as long distance views into and out of the Borough there are also many examples of prominent buildings and structures, the view of which could be obscured by insensitively placed development. For example, the Town Hall, the viaduct at Central station and the Straight Mile.

7.100 To ensure that the design of proposals does not detract from prominent and important views within the Borough they will also be assessed with regard to Burnley Local Plan General Policy GP3 – “Design and Quality”.

7.101 The Borough’s Major Open Areas are protected by Community Facilities policy CF3 – “Protection of existing Informal Recreation Areas, Parks and Major Open Areas”. They are identified in Appendix G and shown on the Proposals Map.

E21 – GATEWAYS AND THROUGHROUTES

Development adjoining or visible from the gateways and throughroutes identified on the Proposals Map will be permitted when it is of good quality design and enhances its surroundings by:

the use of traditional and local materials, or suitable artificial alternatives;
the provision of suitable and appropriate landscaping;
appropriate siting, scale and quality of signage and advertising;
the need to give priority to pedestrians, cyclists and public transport in design and traffic management; and
where appropriate the inclusion of public art, see Environment Policy E22 – “Public Art”.

The Council will, along with the County Council and the private sector, make environmental improvements at the following gateways to the Borough:

Whalley Road, Padiham
Accrington Road
Junction of Accrington Road/Rossendale Road
Manchester Road
Junction of Manchester Road/Centenary Way
Red Lees Road
Colne Road

Justification

7.102 The approaches to the town, or gateways, and the routes through the town, are where people, especially those from out of town, form either a positive or negative impression of the town. At, and on, all identified gateways and throughroutes the Council will expect all new development to enhance its surroundings and make a positive contribution to the image of the Borough.

7.103 The defined throughroutes in Burnley are:

The M65
Accrington Road
Manchester Road
Rossendale Road/Glen View Road
Padiham Road/Burnley Road
Colne Road
Yorkshire Street/Brunshaw Road/Red LeesRoad
Briercliffe Road/Burnley Road
Eastern Avenue/Queen Victoria Road/Belvedere Road/Todmorden Road
Cavalry Way/Westgate
A6068 (Junction 8 M65 – Shuttleworth Mead)
Church Street/Blackburn Road, Padiham
Whalley Road, Padiham
The Colne to Blackpool South rail line
The Leeds/York/Scarborough to Blackpool North rail line

E22 – PUBLIC ART

When dealing with applications for large-scale (over 750sq. metres) or prominent development at gateways or along through-routes the Council will require projects to include works of Public Art. This will be secured either by a unilateral undertaking by the applicant or via a Section 106 Agreement.

The Council will require at least one percent of the capital budget of a building to be put aside for commissioning new works by artists and craftspeople, e.g. stained glass, tapestries, photographs, sculpture, murals, tiling and paving design. The total percentage may vary depending on the size and scale of the building or the nature or location of the project.

Justification

7.104 Public Art plays an important role in enhancing our environment and the Arts Council for Great Britain has asked local authorities to adopt the principle of promoting art in new development.

7.105 Public Art is defined as works by artists and crafts people that can be viewed from external or internal public spaces. It may include art work incorporated into building facades, tapestries, murals, sculptures, railings and other street furniture.

7.106 This policy supports the objectives of the Burnley Cultural Strategy by encouraging the development of a programme of Public Art, advocating a greater role for Public Art in major regeneration schemes, especially in relation to the town centre, and developing the role of Public Art by raising awareness amongst private and public sectors.

Target: E1k.

E23 - TELECOMMUNICATIONS

Proposals for telecommunications development which either require planning permission, or prior approval, will be permitted where:

there is no adverse impact on sites or features of ecological value;
any adverse impact on the appearance and character of the surrounding area in terms of scale, siting or design is minimised;
there is no adverse impact on Listed Buildings, Conservation Areas and their settings, Scheduled Ancient Monuments or sites of national archaeological importance; and
any adverse effect on the amenity of adjoining residential areas is minimised.

Where proposals are acceptable, the Council will grant planning permission providing:

applicants have provided evidence that they have explored the possibility of erecting antennae on an existing site, building, mast or other structure and that there is no reasonable prospect of sharing such an existing site; and
applicants have supplied evidence that the base station meets the ICNIRP guidelines for public exposure and provided information for each site, its location, height of antenna, the frequency and modulation characteristics and details of power output.

Justification

7.107 The Government’s general policy on telecommunications is to facilitate the growth of new and existing systems, whilst protecting the countryside and urban environments – in particular Sites of Special Scientific Interest, the Green Belt, Local Nature Reserves and areas and buildings of architectural or historic importance.

7.108 Pre-application discussions are encouraged not only between operators and local planning authorities, but also between operators and other organisations with an interest in the proposed development, such as English Nature, the Countryside Agency, English Heritage, the Highways Agency, residents’ groups and parish councils. Where it is proposed to install a mast on, or near a school or college, it is important that operators discuss this with the relevant body of the school or college concerned before submitting an application for planning permission or prior approval.

7.109 From time to time, conflict between the need to provide for the needs of modern telecommunications and the need to protect the environment can arise. In these cases the Council will expect operators to show that they have explored every possibility of sharing an existing mast or using existing buildings, and explain why they have rejected using existing structures. In order to take full advantage of the opportunities for mast and site sharing, the Council will refer to the national database that is being set up by the Radio Communications Agency giving details of all mobile phone base stations and their emissions.

7.110 Where the operator can demonstrate that it is not possible for an existing structure to be used, the Council will expect the visual impact of the proposed tower or mast to be minimised in line with the above criteria, as far as technical constraints allow.

7.111 Certain types of telecommunications development are allowed as permitted development, but the Council can intervene if siting is unsatisfactory.

7.112 There is much public concern about the possible adverse health impacts of telecommunications development. The Stewart Report, published in May 2000, examined the health effects of mobile phone use, base stations and transmitters. In respect of base stations, it concluded that the balance of evidence indicated that there was no general risk to health of people living near to base stations. However, gaps in current scientific knowledge led the group to recommend a precautionary approach towards the use of mobile phone technologies. In line with the approach recommended by the report, all mobile phone base stations will be expected to meet the guidelines of the International Commission on Non Ionising Radiation Protection (ICNIRP) guidelines for limiting the exposure to electromagnetic fields.

E24 – ADVERTISEMENTS

Applications to display advertisements will be permitted provided that the following criteria are satisfied. The proposal:

would not adversely affect the visual amenity of the neighbourhood where it is to be displayed, particularly in terms of size, design, positioning and illumination;
respects the scale of its surroundings; and
would not be contrary to the interests of public safety or constitute a traffic safety hazard.

Justification

7.113 PPG19: “Outdoor Advertisement Control” highlights how outdoor advertising is essential to commercial activity and can take many forms. Amongst the most common are fascia signs and projecting signs on shops, pole signs, menu boards, poster hoardings and advance signs alongside the highway.

7.114 Well designed advertisements can contribute positively to the character or appearance of an area, by adding appropriate colour to a drab area, or screening an eyesore. However, poorly designed, or insensitively positioned, advertisements will have the opposite effect.

7.115 The Council has the power to control the display of outdoor advertisements in the interests of amenity and public safety.

7.116 When assessing an advertisement’s impact on amenity the Council will have regard to its affect on the appearance of the building or on visual amenity in the immediate neighbourhood where it is to be displayed. Consideration will be given to what impact the advertisement, including its cumulative effect, will have on its surroundings. In particular, the Council will look at the local characteristics of the neighbourhood including, the scenic, historic, architectural or cultural features, which contribute to the distinctive character of the locality.

7.117 The context of an area determines what type of advertising is appropriate. For example, the presence of Listed Buildings or a designated Conservation Area and whether it is a town centre, residential area or open countryside will all be relevant considerations. For example, in the open countryside, the land-form and quality of the immediate surroundings, whether the advertisement respects natural contours, landscape character and background features against which it will be seen, will be relevant factors.

7.118 In assessing an advertisement’s impact on public safety the Council will have regard to the likely affect of the proposal upon the safe use and operation of any mode of transport. Where an advertisement itself, or the location proposed for its display is likely to be so distracting, or so confusing that it creates a hazard to, or endangers, people in the vicinity, permission will not be granted.

E25 – SHOP FRONTS

Applications for new shop fronts and/or external security shutters will be permitted when:

the new shop front is well designed and sympathetic to its surroundings in terms of scale, proportion and materials;
new fascia signs are in keeping with the character of the shop front, and the building as a whole. Particular attention will be paid to size, proportions, materials, positioning, colouring and style of lettering; and
security shutters are designed to integrate into the design of the shop front and maintain an open appearance.

Justification

7.119 Shop fronts are an important element of the street scene, particularly within town and district centres. Well - designed shop fronts can make a positive contribution to an area. Conversely, those designs which are insensitive and obtrusive can only spoil the character of an area.

7.120 Circular 5/94: “Planning Out Crime” highlights how security shutters are an illustration of the conflict that exists between the need for effective crime prevention measures and the need to maintain or improve the environmental quality of an area. Proposals for their introduction, particularly in environmentally sensitive areas, can be controversial.

7.121 The use of solid roller shutters which create a fortress-like atmosphere, can be self-defeating as they can have an adverse environmental effect, giving the area a “dead” appearance and contributing to the creation of a hostile atmosphere. Consideration should be given to the use of shutters with an open grille design as this type of shutter can let light from the premises onto the street outside normal trading hours and can help maintain the attractiveness of the area. Using shutters of this type will also enable passers-by to see into the shop, which can help to deter crime.

7.122 Proposals which affect Listed buildings or premises which are situated within Conservation Areas will be subject to stricter control to ensure that all traditional shop fronts which are of historic or architectural value, or contribute to the character of the area are retained or restored.

7.123 Proposals for Hot Food Takeaways will be assessed with regard to Community Facility policy CF11 - “Restaurants, Cafes, Public Houses and Hot Food Takeaways” and proposals for Taxi booking offices will be assessed with regard to policy Transport and Movement Policy TM13 - “Taxis and Taxi Booking Offices”.

OPEN LAND

E26 – DEVELOPMENT IN THE GREEN BELT

Within the Green Belt defined on the Proposals Map the Council will only permit development for the following:

A- New Buildings

The construction of new buildings in the Green Belt is inappropriate except for the following:

agricultural and forestry uses (unless permitted development rights have been withdrawn);
icemeteries (see also Policy CF21: Graveyards and Burial Places);
essential facilities for outdoor sport and outdoor recreation, and other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it; and
limited extension, alteration or replacement of existing dwellings.

B – Re-use of Buildings

The re-use of buildings in the Green Belt will not be inappropriate providing:

it does not have a materially greater impact than the present use on the openness of the Green Belt and the purposes of including land in it;
any extension of re-used buildings, and any associated uses of land surrounding the building do not conflict with the openness of the Green Belt and the purposes of including land in it (e.g. because they involve extensive external storage, or extensive hardstanding, car parking, gardens, boundary walling or fencing);
the buildings are of permanent and substantial construction, and are capable of conversion without major or complete reconstruction; and
the form, bulk and general design of the buildings are in keeping with their surroundings.

C – Replacement Dwellings in the Green Belt

The replacement of dwellings need not be inappropriate, providing the new dwelling is not materially larger than the dwelling it replaces.

D – Park and Ride Development

Park and Ride Development is not inappropriate in Green Belts, provided that it meets the criteria set out in PPG13 ANNEX E: Park and Ride in the Green Belt (See Appendix J).

E – Other Development in the Green Belt

Within the Green Belt other development, not including buildings, will be inappropriate unless it maintains openness and does not conflict with the purposes of including land in the Green Belt.

Inappropriate development in the Green Belt will only be permitted when the applicant can demonstrate very special circumstances why permission should be granted.

Justification

7.124 The Council will maintain a Green Belt to the north and west of the Borough: This will fulfil the following purposes:

it will check the unrestricted sprawl of the built -up area;
it will prevent neighbouring towns from merging into one another;
it will assist in safeguarding the countryside from encroachment; and
it will assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

7.125 The Green Belt boundary has been carried forward unaltered from the Burnley Local Plan First Review.

7.126 Inappropriate development will not be permitted in the Green Belt unless the applicant can demonstrate that ‘very special circumstances’ exist for planning permission to be granted. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

Target: E4a.

E27 – LANDSCAPE CHARACTER AND LOCAL DISTINCTIVENESS IN RURAL AREAS AND GREEN BELT

All proposals for new development in Rural Areas and the Green Belt will be expected to contribute to the protection, enhancement and restoration of the Borough’s distinctive landscape character by:

protecting critical environmental capital and key features in the landscape,
protecting the setting of rural and urban settlements;
protecting, enhancing and restoring archaeological and historical features;
protecting farmsteads, barns, mills and other prominent buildings, and man made features such as ponds, lodges, and bridges;
protecting and enhancing historic field patterns, including walls and hedgerows;
seeking the use of local materials, or the nearest match, and vernacular styles in all new buildings, walls, and fences, and by resisting urban style lighting, materials and standardised detailing;
maintaining views and avoiding skyline development;
encouraging tree planting, woodland and afforestation of native species when appropriate in the landscape setting;
protecting and restoring native species;
protecting, restoring, enhancing, and creating habitats;
reclaiming derelict land where appropriate; and
by conserving and enhancing river corridors.

Justification

7.127 Burnley’s surrounding open landscapes are one of the town’s greatest assets. They provide a visually striking setting for the urban area, a recreation resource and green lung in close proximity to the urban area, an important selling point for the growing tourist trade, and contain a number of important biological, archaeological and historical features. Policy ER2 – “Landscape Character” of Regional Spatial Strategy, seeks to enhance and conserve the rich diversity of landscapes throughout the North West, in particular, it identifies the South Pennines landscape as being regionally significant. For these reasons the Burnley Local Plan seeks to protect, enhance and restore the town’s landscapes.

7.128 Policy 20 –“ Lancashire’s Landscapes” of the Joint Lancashire Structure Plan 2001-2016 seeks to conserve, renew and enhance the County’s landscapes, and in December 2000, a Landscape Strategy was produced for the County. This Strategy has been used to draw up this policy. The Strategy itself was based on a Landscape Character Assessment, which identified twenty one landscape character types and three urban landscape types across the County, six of these are found in Burnley:

Moorland Plateaux of the South Pennine Moors
Moorland Fringe of the Trawden Fringe
Industrial Foothills and Valleys of the Calder Valley
Industrial Foothills and Valleys of the Cliviger Gorge
Enclosed Uplands of the Rossendale Hills
Settled Valleys of the Irwell

7.129 The Landscape Strategy makes specific, detailed recommendations for the planning and management of these landscape types. The Council will aim to produce more detailed design guides for each of these areas in consultation with local communities and parish councils, and in conjunction with other interested bodies, such as the County Council, and SCOSPA – the Standing Conference of South Pennine Authorities. These design guides will build upon and eventually replace the Council’s 1994 Landscape and Wildlife Strategy.

7.130 This policy will be implemented in conjunction with Policy GP1 – Development within the Urban Boundary and Policy GP2 – Development in Rural Areas and the Landscape Strategy produced by Lancashire County Council.

E28 – PROTECTING AGRICULTURAL LAND AND BUSINESSES

The Council will support the diversification of the Borough’s Agricultural economy. Where significant development of agricultural land is unavoidable, areas of poorer quality land (grades 3b, 4 and 5)should be used in preference to that of a higher quality, except where this would be inconsistent with other sustainability considerations.

Development will be permitted where:

farm diversification does not detrimentally affect the local environment or local landscape character in line with Local Plan Policy EW11 – “Rural Diversification and Conversion of Rural Buildings for Employment Uses”;
development will not have a detrimental effect on farm operations, including that on adjoining farmland; and
development would not lead to the severance or fragmentation of farmholdings.

The other sustainability considerations that might justify using land of a higher quality in preference to that of poorer quality will include its importance for biodiversity, the quality and character of the landscape, its amenity value or heritage interest, accessibility to infrastructure, workforce and markets and the protection of natural resources, including soil quality.

Justification

7.131 The farmed land and moorland around Burnley is mostly of poor agricultural quality and suitable mostly for stock rearing. Income from farming alone is generally no longer sufficient to support farmholdings and between 60% and 70% of local farmers rely on non-agricultural earnings to support their income. The Council will continue to support such farm diversification where it does not detrimentally affect the environment or local landscape character.

7.132 The Council will seek to protect poorer grade agricultural land where particular agricultural practices contribute to the character of the landscape or quality of environment in some special way. It is largely the farming of Burnley’s moorlands that has produced the landscape we see to day – the vegetation, the rectangular fields with stone walls, and isolated stone farm buildings. In the future, such farming practices may need to be supported not for their productive value, but for their stewardship of the land.

Target: E8a.

E29 – NEW AGRICULTURAL DEVELOPMENT

New development for agriculture, which requires planning permission, will be permitted when:

it does not have a detrimental effect on the surrounding landscape by reason of size, scale, height, materials, design, landform or landscaping;
it would not have an unacceptable impact on the amenity of neighbouring properties; and
in the case of new built development it relates well to existing farm buildings.

The Council will use planning conditions to ensure that the new development is removed once the agricultural use has ceased.

Justification

7.133 This policy will be used to control agricultural development – buildings, structures, or other material change in use of land or buildings - that requires planning permission.

7.134 In the past, many agricultural buildings have been erected that have a quality more akin to an industrial estate. Such buildings, whilst functional, detract from the landscape and the character of the area. The Council will no longer permit such development and will seek to ensure that, in the future, agricultural buildings are of a higher quality, and more appropriate to their surroundings in terms of size, scale, siting and use of traditional building styles and materials. In doing this the Council will also take account of the operational needs of the farming industry, and the need to avoid imposing any unnecessary or excessively costly requirements. The Council will produce supplementary guidance on this issue to assist applicants.

7.135 In certain cases, permitted development rights on agricultural units of 5 hectares or more cannot be exercised unless the applicant has applied to the Council for a determination as to whether prior approval is required for certain details – siting, design, external appearance, relationship to the surroundings, siting and means of construction of roads. In such instances, the Council will assess whether prior approval is necessary using this policy and guidance in PPS7: “Sustainable Development in Rural Areas”.

7.136 Problems can occur when unjustified agricultural structures are permitted and then converted to another use e.g. residential. To avoid this, the Council will require applicants to provide evidence that the use is genuinely necessary and expect the removal of the building if the agricultural use ceases.

7.137 Burnley’s close knit blend of town and country often means that urban land uses are often brought into close contact with existing farms. This can lead to a number of problems for the farm holding: crime, vandalism, and complaints about working practices and disturbance. In order to reduce such problems and help preserve the rural economy the Council will seek to minimise the impact of new development when it is permitted adjoining agricultural land.

E30 – AGRICULTURAL WORKER’S DWELLINGS

The Council will only permit development for agricultural worker’s dwellings when the following criteria are met:

the applicant can prove a functional need for the dwelling to the satisfaction of the local planning authority;
the applicant can demonstrate that suitable accommodation is not available, or cannot be provided, within an existing settlement, or the urban area;
the applicant can demonstrate that suitable accommodation cannot be provided by extension, conversion, or re-use of an existing building;
the applicant can demonstrate that the dwelling is necessary for a full-time worker;
the applicant can demonstrate that the agricultural unit is well established and viable;
the dwelling uses local materials, and is of a good, quality, appropriate design which respects local landscape character;
appropriate scale and siting of the dwelling; and
appropriate and satisfactory access arrangements can be achieved.

The Council will not permit temporary accommodation on sites where the applicant cannot satisfy criteria a) to b) above.

Justification

7.138 The close relationship in Burnley of town and country means that it will rarely be necessary for new agricultural dwellings outside the existing urban area or existing rural settlements (see General Policy GP2 – “Development in Rural Areas”). This policy recognises that on occasion such dwellings may be necessary, due to the demands of the particular agricultural activity concerned. However, applications for such development will be strictly controlled to ensure that the dwelling is genuinely needed to support an agricultural activity and not an attempt to abuse the concession that the planning system gives to such dwellings.

7.139 Applicants will have to satisfy the Council that there is a functional agricultural need for the dwelling, no suitable alternative accommodation, and that the farm holding is viable. The latter is particularly relevant given the marginal nature of much farming activity in the Borough.

7.140 Where the Council accepts that there is a need to provide an agricultural dwelling in the countryside it will be necessary to ensure that the dwelling is retained for this purpose by attaching an occupancy condition to any planning permission.

E31 – WIND FARMS

The development of wind farms and related development will be approved, provided that:

there is no unacceptable impact on the character of the landscape or on the visual amenity of the area by reason of the siting, number, design, colour or layout of the wind turbines;
there is no unacceptable effect on the setting of buildings and sites of architectural and historic interest and sites of archaeological importance;
there is no unacceptable effect on sites of nature conservation value or biodiversity action plan priority habitats or species;
there is no unacceptable effect on the amenity of local residents
the proposal is close to the electricity distribution network and the length of any overhead electricity connection cables is minimised;
it does not adversely affect any recreational facilities and routes;
any electromagnetic disturbance on existing transmitting or receiving systems is minimised; and
applications are accompanied by a scheme for removal of any associated structures, and reinstatement of the site to its former use in the event of the site becoming non-operational.

Development that would have a negative cumulative impact in relation to existing wind turbines or extant approvals for these, will not be permitted.

Justification

7.141 The Cliviger wind farm has become a significant and prominent feature in the local landscape. Opinion is divided on whether the wind farm is an attractive or detrimental addition to the local landscape, and a necessary move from fossil to renewable energy sources. This division of local opinion reflects national planning guidance in PPG22: “Renewable Energy”, which seeks to increase energy production from renewable energy sources whilst minimising impact on the environment.

7.142 The open, exposed upland areas of Burnley with high, annual, mean wind speeds have potential for further wind farm development. The Council will seek to ensure any further wind farm development respects the character of the local landscape.

7.143 The Council will require all proposals to be accompanied by a statement of how the site will be restored to its former state should the turbines become non-operational. All planning approvals will then be conditioned to secure the appropriate restoration of the site.

7.144 In assessing proposals for wind farms the Council will request the applicant to submit an Environmental Assessment.

E32 – DEVELOPMENT OF OTHER RENEWABLE ENERGY FACILITIES IN RURAL AREAS

Proposals for other forms of renewable energy development, including biomass, hydro, solar, landfill and biogas, will be permitted when:

any associated buildings are of appropriate size, scale, design and siting;
the site is suitably located in relation to any necessary raw materials;
there is no adverse impact on the character of the landscape, sites of nature conservation, archaeological and historical value;
there is no detrimental impact on any neighbouring land uses, including Listed Building or Conservation Area;
there is no adverse impact caused by any connection or switching equipment;
the level and impact of any potentially polluting substances is minimised;
there is no nuisance or disturbance caused by noise, dust, or smells; and
suitable means for disposal of waste arising are incorporated.

Justification

7.145 Government policy seeks to stimulate the exploitation and development of renewable energy sources. Renewable energy offers the opportunity of reducing reliance on fossil fuels and reducing harmful emissions to the environment. Renewable energy may also offer the opportunity for increased farm diversification through development of biomass and biogas facilities. The Council will seek to support such proposals where they do not have a detrimental effect on the landscape and environment.

7.146 In assessing proposals for renewable energy the Council may, when appropriate, request the applicant to submit an Environmental Assessment.

ENVIRONMENTAL PROTECTION

E33 – VACANT AND UNTIDY LAND

In order to minimise the amount of untidy and vacant land, demolition or clearance will only be permitted where a suitable permanent or temporary after use has been identified for the clearance site.

Justification

7.147 Throughout the Borough there are vacant and untidy plots of land. These can be the sites of former buildings which were never redeveloped, undeveloped strips of land between other land uses, and untidy parcels of land within the curtilage of a residential or business property. Vacant and untidy land detracts from the overall environment of an area, and is symptomatic of a lower quality environment. This policy seeks to address this issue, by: bringing vacant land back in to productive uses; requiring landowners to clean up land using powers under section 215 of the Town and Country Planning Act 1990; and ensuring that demolition only takes place when a suitable after use has been identified for demolition and clearance sites. The Council will also work with local communities and organisations such as Groundwork to bring sites back in to use and to improve local environments.

Target: E1j.

E34 – DERELICT AND CONTAMINATED LAND AND DERELICT BUILDINGS

The Council will permit development to reclaim and reuse derelict land and buildings when:

it would not have a detrimental effect on features of nature conservation value on the site;
it would not harm a Listed Building or Conservation Area;
a suitable after use is identified; and
on contaminated sites appropriate assessment, investigation and remediation measures of a suitable standard for the proposed after use are proposed.

The Council has identified the following sites and areas as priorities for reclamation and re-use:

E34/1 – Weavers’ Triangle - see Burnley Town Centre Policy BTC6 – “The Weavers’ Triangle”, General Policy GP4 – “Mixed Use Development”, Economy and Work Policy EW1 – “Land for Business (B1) and Industrial (B2) and Warehousing (B8) Development” and Housing and Local Neighbourhood Policy H1 - “Land for New Housing Development”.
E34/2 – Westgate Corridor - see Economy and Work Policy EW1 - “Land for Business (B1) and Industrial (B2) and Warehousing (B8) Development”.
E34/3 – Clock Tower Mill - see General Policy proposal GP4/5, Economy and Work proposal EW1/14, Housing and Local Neighbourhood proposal H1/10, and Burnley Town Centre proposal BTC6/3.
E34/4 – Extwistle Hall - Extwistle Hall is a grade II* Listed Building of exceptional value whose preservation is considered to be in the national interest. The Hall is included in English Heritage’s Register of Buildings at Risk from neglect and decay and is classified in the highest risk category. Proposals for re-use must relate sensitively to the building and will require craftsmanship and professional skill to a high standard.

See Policy E10 – Alterations, Extensions, Change of Use and Development Affecting Listed Buildings and GP2 – Development in Rural Areas.
E34/5 – Hepworth’s - see Economy and Work proposal EW1/4.ß E34/6 – Oswald Street - see Community Facilities proposal CF3/1.

To bring about the reclamation and re-use of these sites the Council will seek support from the North West Regional Assembly, the North West Development Agency, English Partnerships and other public and private bodies.

Justification

7.148 Burnley, like many areas in the North West with a long industrial heritage, suffers from a legacy of derelict and contaminated land and derelict buildings. Over the years, many sites have been successfully reclaimed and reused e.g. Bank Hall colliery, Rowley, Proctor’s Mill, and Shuttleworth Mead. The Council will continue to support the reclamation and reuse of such land and buildings in order to make the most efficient use of land and buildings, reduce environmental pollution, and support urban renaissance.

7.149 In implementing this policy the Council will work closely with the North West Regional Assembly, North West Development Agency and English Partnerships. In particular, the Council will seek to prioritise schemes with the North West Regional Assembly and North West Development Agency in accordance with Policy EQ1 – “Tackling Derelict land and Contamination Issues” of Regional Spatial Strategy for the North West. The sites listed in the policy above are the Council’s suggested priorities.

Target: E1i

E35 – SITES GENERATING LANDFILL GAS

The Council will strictly control the location of residential and other development within, or in close proximity to, existing or former landfill sites and will not grant permission for such development where there is considered to be a substantial risk to development. In particular, residential development with gardens within 50 metres of the boundary of infilled waste will be resisted, in accordance with the advice in Waste Management Paper no. 27. Any proposals that are permitted will be subject to conditions to ensure that site investigations are carried out and adequate precautionary measures are incorporated to secure long term safety of the structure and its occupants.

Justification

7.150 Particular care needs to be taken within development proposals on or near to former landfill sites, owing to the potential problem of the migration of gas from these sites. The Council will consult with the Council’s Environmental Health And Cleansing Unit and, where appropriate, the Environment Agency regarding levels of gas at recorded sites. However, it will be up to the developer to finance and provide an independent assessment of risk from migrating gas.

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