Planning in Burnley

Taxis and Taxi Booking Offices

Location 1) Proposals for taxi booking offices will only be permitted in the following areas as defined on the Policies Map: a) Within Burnley Town Centre outside of the Primary Shopping Frontages; b) Within Padiham Town Centre; or c) Within a defined District Centre. 2) If no appropriate sites can be found within these locations, other sites can be considered. Where this is the case the applicant will be required to demonstrate through a supporting statement why the site being proposed is suitable and how the development accords with other policies in the Plan and criteria 3) to 7) below. Clustering 3) The proposal should not create an unacceptable concentration of similar uses. Parking 4) On-site parking should be provided. Where this cannot be achieved, spaces should be located no more 100 metres from the booking office. 5) One parking space should be provided for each taxi licenced. Where less than one space for each taxi licenced is proposed, the applicant must demonstrate how the number of parking spaces would meet operational needs. 6) Applications for new booking offices or alterations to extend existing premises will be required to submit a clear parking layout indicating the precise number of spaces. These parking spaces should be dedicated and be available 24 hours a day. Amenity 7) Developments should not have a detrimental impact on the character and amenity of surrounding uses, particularly residential uses, by reason of increased traffic movement, noise, vehicle fumes or other nuisance.

Development Quality and Sustainability

The Council will seek high standards of design, construction and sustainability in all types of development. Proposals will be expected to address the following minimum requirements, as appropriate to their nature and scale: 1) Energy Efficiency a) Incorporate measures to minimise energy and water consumption; b) A BREEAM Assessment must be carried out for all non-residential development with a floor space above 1,000m2 and a rating of 'Very Good' or better will be expected; c) Seek opportunities for on-site energy supply from renewable and low carbon energy sources; and d) Seek opportunities to contribute to local and community-led renewable and low carbon energy initiatives. 2) Design and Layout a) Respect existing, or locally characteristic street layouts, scale and massing; b) Contribute positively to the public realm and avoiding unnecessary street clutter; c) Maximise the benefits of any waterfront locations, and at canalside locations optimising views and natural surveillance of the canal and opportunities for public access to it; d) Provide for new open space and landscaping which enhances and/or provides mitigation against loss of biodiversity and assists with the physical and visual integration of new development; e) Have respect for their townscape setting and where appropriate, landscape setting; f) Be orientated to make good use of daylight and solar gain; g) Ensure there is no unacceptable adverse impact on the amenity of neighbouring occupants or adjacent land users, including by reason of overlooking; h) Not result in unacceptable conditions for future users and occupiers of the development; and i) Provide adequate and carefully designed storage for bins and recycling containers.

Shopfront & Advertisement Design

1) The design of new or alterations to existing shopfronts and advertisements should satisfy the following criteria: a) The design is appropriate to the character of the existing building and streetscene in terms of in its size, detailing and use of materials; b) Traditional materials such as timber or cast metal will be favoured. uPVC or other plastics will not be permitted on listed buildings or traditional building within conservation areas in accordance with Policy HE2; c) Blinds and canopies, where acceptable in principle, must be appropriate to the character of the shopfront and its setting. Only fully retractable canvas or wooden blinds will be supported on listed buildings and traditional building within conservation areas in accordance with Policy HE2; d) Wherever practicable, shopfronts must be designed to ensure equal access for all users; e) Inset entrances should be glazed and well-lit to contribute to the attractiveness, safety and vitality of the area and avoid blank frontages to the street; f) Security matters should be considered from the earliest design stages. Security shutters and grilles should be internal where possible and external solid security shutters will not normally be permitted; and g) The size, design, positioning, materials and degree of illumination of advertisements does not have an unacceptable adverse impact on the amenity of the areas in which they are displayed and there is no adverse effect on public safety; in particular: i. Fascias should not cut across or obscure first floor windows and advertisements and on shopfronts should normally be positioned within the fascia. Additional or alternative wall-mounted or hanging signs at or above fascia level are only acceptable if they are of high quality, are not overbearing and can be satisfactorily accommodated without obscuring key architectural features. Imaginative and craft signwork will be supported and encouraged; and ii. Any illumination of shopfront or advertisements where agreed to be acceptable must be sited and designed so as not to cause excessive light pollution or visual intrusion into adjoining or nearby residential properties. Flashing internal or external signs will not be permitted.

Employment Allocations

1) Over the 20 year period from 2012 to 2032, provision will be made to deliver at least 66 hectares (Ha) of employment land across the borough in line with Policy SP3. 2) The sites listed below, as identified on the Policies Map, are allocated for employment use* and are protected for the employment uses specified. (*Site EMP1/8 is allocated for a mixed use development and the policy requirements set out in this policy include both uses.) 3) Development on these sites will be acceptable for the specified use classes and will be required to be delivered in accordance with the specific requirements set out, together with the requirements of other policies set out elsewhere in this Plan. 4) The Council will consider withdrawing permitted development rights to protect the sites for the employment uses proposed.

Widow Hill Road South

This site is located on the existing Heasandford Industrial Estate and would be suitable for B2 and B8 uses. Additional and Site Specific Policy Requirements and Design Principles 1) Vehicular access should be directly off Widow Hill Road. 2) New walking and cycling facilities and routes will need to be provided on the site, connecting the new development to the existing route network. A public right of way is located to the south of the site which will need to be retained/re-routed within the site and improved as part of any development (dashed line on site plan above). 3) The existing established vegetative screening to the south and east of the site should be incorporated into a new landscaping scheme, reducing the impact of any development on the adjacent River Don-Brun Valley Biological Heritage Site and residential properties. 4) Potential ecological impacts should be considered on the site as it is adjacent to the River Don-Brun Valley Biological Heritage Site (green area on site plan above). Protected species including Great Crested Newt are recorded on site. The site itself is identified as a stepping stone habitat for grassland and woodland in the Lancashire Ecological Network and an ecology survey should be submitted to accompany any planning application which should indicate how the development will address impacts on protected species and priority habitats and maintain habitat connectivity in accordance with Policy NE1. 5) Contributions will be sought for the provision of a defined cycling route to the site in accordance with Policy IC4.

Balderstone Lane

This site is located on the existing Heasandford Industrial Estate and would be suitable for B1 (b & c), B2 and B8 uses. Additional and Site Specific Policy Requirements and Design Principles 1) An 8 metre easement around the two streams is required (approximate position indicated in blue on the above site plan). 2) New walking and cycling facilities and routes will need to be provided on the site, connecting the new development to the existing route network. There is a public right of way which runs along the western boundary of the site which will need to be retained/re-routed within the site and improved as part of any development (dashed line on site plan above). Contributions will be sought for the provision of a defined on-road cycling route connecting to the existing network in accordance with Policy IC4. 3) Screen planting will be required on the northern and eastern boundary of the site as part of a wider landscaping scheme to reduce the impact of any development on the adjacent residential properties and surrounding landscape. 4) Potential ecological impacts should be considered as Protected Species have been recorded and the site is identified within a stepping stone within the Lancashire Ecological Networks for woodland and grassland. An ecological survey will be required to accompany any application which addresses the Protected Species and maintains the Ecological Network in accordance with Policy NE1.

Westgate

This site is located close to Burnley Town Centre and would be suitable for B1, B2, small scale B8 and Sui-Generis uses which are similar in character and compatible in terms of use with the surrounding area. Additional and Site Specific Policy Requirements and Design Principles 1) The site is located on a Key Gateway into Burnley Town Centre. Development will be expected to reinforce the site's 'Key Gateway' role and waterfront location; create a positive and appropriate relationship with surrounding buildings and spaces by respecting the form, scale and materials of the surrounding townscape; and be of high design integrity consistent with Policy SP5. 2) A building of landmark quality is envisaged to the west of the site as marked red on the plan above. This building and any boundary treatment should use a palette of materials which includes high quality locally distinctive materials in accordance with Policy SP5. High quality suitable and complementary contemporary materials and design may also be acceptable. 3) The setting of the heritage assets adjacent the site should be conserved and where possible enhanced consistent with Policy HE2. 4) Proposals should contribute to an improved public realm consistent with the Burnley Town Centre Public Realm Strategy SPD. 5) Vehicular egress would need to be via Clifton Street or Hattersley Street with the necessary traffic management infrastructure put in place. 6) The Leeds & Liverpool Canal runs adjacent to the site; to encourage sustainable travel, a walking and cycling link should connect the site to the canal towpath which is part of the national cycle network (National Route 604).

Thompson Centre

This site is located within Burnley Town Centre and would be suitable for all B1 (a), A2 and A3 uses. Additional and Site Specific Policy Requirements and Design Principles 1) The site should be developed for a building(s) of multiple storeys, providing accommodation for B1 (a), A2 and A3 uses. A2 and A3 uses should be limited to the ground floor only. 2) The site is prominently located on a Key Gateway into Burnley town centre and will form part of the civic square of Burnley. It is expected that any development will accord with the Burnley Town Centre Public Realm Strategy SPD and be of the highest quality of architecture and design using a palette of materials which respects the character and appearance of the surrounding listed and locally listed buildings and conservation area. The use of more contemporary materials and design features of a complementary nature will also be acceptable. The principal elevation facing the square should extensively use ashlar stone. A design competition approach would be supported on this site. 3) The layout of the site should be permeable to pedestrians and enable views of the civic buildings such as the library, court and offices from Centenary Way. Active frontages are encouraged onto Place de Vitry and Centenary Way. 4) Vehicular access to the development would need to be directly off Parker Lane or Red Lion Street. 5) The established trees along Centenary Way and Red Lion Street should remain where possible. 6) Much of the site is at risk from surface water flooding. The layout and design of the development should take account of the recommendations of the Council's Strategic Flood Risk Assessment. Any development will need to be accompanied by a Flood Risk Assessment in accordance with Policy CC4 and seek opportunities to reduce the overall level of flood risk in the area through the layout and form of the development and through the provision of an appropriate sustainable drainage scheme. 7) Archaeological evaluation is required to assess the survival and significance of any remains from past industrial use. Should there be significant probability of surviving buried remains then field evaluation will be required consistent with Policy HE4; and any further investigation or recording works that may be necessary as a consequence of development.

Innovation Drive

This site is located on Innovation Drive, adjacent to Heasandford Industrial Estate and would be suitable for B1(b and c) and B2 uses, with limited B1(a) or B8 uses (excluding open storage). Additional and Site Specific Policy Requirements and Design Principles 1) Development that complies with the conditions contained within the Aerospace Supplier Park Local Development Order (LDO) will be supported. 2) The Local Development Order authorises development within Class B (as set out in para. 2.11 and 2.12) of the Town and Country Planning (Use Classes) Order 1987 as amended in so far as it relates to advanced engineering and manufacturing. Advanced engineering and manufacturing typical uses may include: • Aerospace (30.3, 28.4, 33.16) • General Aviation Services (52.23) • High-end automotive including motorsport, electric/alternative energy vehicles, (29.1, 29.3) • Computing, systems engineering and autonomous systems (62.01, 72.1) • Advanced flexible materials (13.96, 20.6) • Manufacture of fabricated metal products, except machinery and equipment (25.4, 25.5 and 25.6) • Manufacture of computer, electronic and optical products (26.1) • Renewable energy (27.1, 28.11) 3) Development for purposes falling within the above Standard Industrial Classification (SIC) Codes is automatically within the scope of the LDO. However, advanced engineering or manufacturing purposes which fall outside of the above SIC Codes, or for complementary or supporting or ancillary uses, would potentially also be acceptable, and where such purposes are proposed the Local Planning Authority, will make an assessment of each such proposed development to ensure that they are within the permitted uses under the LDO. 4) Development outside the scope of the LDO will require the submission of a planning application. No development will be permitted within the boundary of the Biological Heritage Site. 5) A minimum of 40% of the site area will need to be developed as floor space (3,900sqm).

Protected Employment Sites

The following employment sites as defined on the Policies Map will be protected for B1 b and c, B2 and B8 uses (Use Classes). EMP2/1 Shuttleworth Mead EMP2/2 Network 65 EMP2/3 Rossendale Road EMP2/4 Heasandford & Innovation Drive EMP2/5 Burnley Bridge EMP2/6 Liverpool Road (also to include Futaba-Tenneco) EMP2/7 Smallshaw Industrial Estate EMP2/8 Healey Wood

Supporting Employment Development

New and Improved Sites and Premises 1) The expansion and upgrading or establishment of new business premises within the Development Boundaries will be supported where they comply with other relevant policies in the Plan and where: a) They do not by reason of the nature of their operation or vehicle access arrangements, have an unacceptably negative impact on surrounding uses, residential amenity or the environment; and b) They do not (either individually or cumulatively) through their form and design have an unacceptable impact on the landscape or townscape. Loss of Sites and Premises 2) The loss of existing employment sites and premises (not protected under Policy EMP1 or EMP2) to alternative uses will be permitted where: a) Redevelopment does not prejudice the lawful operating conditions or viability of adjacent land uses, and: i) The floorspace to be lost is less than 1,000m 2; or ii) Where the floorspace is greater than 1,000m 2 it is demonstrated through comprehensive marketing of the premises/land for at least 12 months that the continued use of the premises/land for employment use is not viable.

Office Development

New Offices 1) The focus for new office development (B1a and A2 use classes) will be within Burnley and Padiham Town Centres as identified on the Policies Map. 2) New office development (B1a and A2 use classes) outside of the town centres will only be permitted where: a) For A2 uses, they serve a clear local need/demand or are located within a defined District Centre; b) For B1a uses they meet the sequential test and impact assessment requirements set out in Policy TC2; and c) They will not have a detrimental impact on adjacent residential or other uses. Loss of Offices 3) Changes of use from offices uses (B1a and or A2) in Town Centres to a non-town centre use will only be permitted where evidence has been provided to demonstrate that no demand has been forthcoming in the light of: a) The premises/site having been marketed to the Council's satisfaction for at least 12 months unless otherwise agreed with the Council, including using both traditional and web based marketing; b) The premises/site having been marketed at a price which is commensurate with market values (based on evidence from recent and similar transactions); and c) All opportunities to re-let having been fully explored, both in terms of altering the existing layout of the building and use as small/more flexible office units. 4) Changes of use from of the upper floors of offices (B1a and or A2) in Town Centres to residential use will be supported subject to meeting the criteria set out in Policy TC2.

Rural Business & Diversification

1) Proposals to expand existing or establish new businesses, including local retail uses and tourist facilities in the open countryside or within the main and small villages (Tier 3 and 4) will be supported where these meet the other relevant policy requirements of the Plan and where these: a) Support the retention or growth of an existing business or the establishment of a new enterprise and are at a scale that is appropriate to and in keeping with the area in which they are located; b) Comprise uses and services appropriate to a rural area; c) Represent appropriate home working enterprises at an existing dwelling; d) Are located within or immediately adjacent to the Development Boundaries or are well related to an existing group of buildings; e) In the design of any buildings, access and car parking arrangements are in keeping in terms of their scale and character with the surrounding landscape and would not lead to an increase in traffic levels beyond the capacity of the surrounding local highway network; and f) Do not have an unacceptably negative impact on residential amenity. 2) In addition to the above requirements, the Council may also consider favourably new tourist facilities in the wider open countryside where: a) The proposed facility by virtue of its specialist nature has a clear need to be located close to an existing tourism asset; or b) It can be demonstrated through a supporting statement that the facilities will add to the borough's tourism offer and there are no suitable sites within the Development Boundaries. 3) In appropriate cases, permitted development rights will be withdrawn in order that subsequent changes of use or alterations and extensions can be properly considered.

Equestrian Development

1) Proposals for the development of stables and equestrian facilities in rural areas will be supported subject to the following criteria: Access a) The site must have a vehicular access which is satisfactory in highway terms or it must be capable of being achieved without adversely affecting the character of the rural landscape; Siting and Scale b) New, freestanding stables and equestrian facilities will only be permitted where they are closely related to existing farm buildings or other groups of buildings, are well screened and do not cause harm to the visual amenity, openness or rural character of the area; c) Equine Developments should be sited at an adequate distance from neighbouring residential properties. The separation distance will be dependent on the scale and impact of the development proposed; d) Ancillary development including ménages, storage facilities, hard standing, access tracks and exercise pens should be a minimum size necessary and should not encroach unduly into open countryside. Provision should be made for storing equipment to minimise the impact on the visual amenity of its surroundings; Design and Materials e) Where stables are permitted they should be designed and constructed to be fit for purpose, but also in materials appropriate to the rural area; f) The conversion of existing buildings to equestrian centres or stables will be acceptable subject to other planning requirements being met. General g) Applications for the floodlighting of existing riding arenas or for developments including the provision of floodlighting will not be approved where there will be an unacceptable visual or landscape impact or an unacceptable impact on highway safety. Floodlights will not be permitted where neighbouring properties will be subject to unacceptable levels of attendance glare; and h) Applications should be submitted with a pasture management plan.

Employment Land Requirement 2012-2032

1) Over the 20 year period from 2012 to 2032 provision will be made to deliver at least 66 hectares of employment land. a) Employment Land requirement 2012 - 2032 66 Ha b) Completions - 1 April 2012 to 31 March 2017 27.64 Ha c) Commitments 10.49 Ha i) Of which, sites under construction as at 31 March 2017 4.57 Ha ii) Of which developable sites with planning permission under the allocation threshold as at 31 March 2017 0.33 Ha iii) Of which Other Commitments 5.59 Ha d) Residual Requirement to be met by site allocations 27.87 Ha 2) The employment land requirement will be provided for in line with the overall Development Strategy identified in Policy SP4.

Renewable and Low Carbon Energy (not including Wind Energy)

1) Proposals for renewable and low carbon energy development will be supported where they satisfy the requirements of other relevant Plan policies and can demonstrate, after identifying and thoroughly appraising any potential individual and cumulative effects, that any associated impacts are or can be made acceptable. This presumption will apply where proposals: a) Do not have a significant adverse impact, including by reason of visual impact, on the character of the immediate and wider landscape or townscape; b) Do not have an unacceptable impact on local amenity, including public rights of way and bridleways; and can successfully mitigate against visual (including glint/glare), noise, smell, pollution or other impacts likely to affect nearby occupiers and/or neighbouring land uses; c) Do not have an unacceptable impact on ecology, geology, water resources or flood risk, and where possible enhance these functions; d) Ensure that any waste arising as a result of the development is minimised and dealt with using a suitable means of disposal; and e) Avoid the loss of, or loss of productive use of, the best and most versatile agricultural land and, for large scale developments, prefer previously developed and non-agricultural land, provided that it is not of high environmental value. 2) Where development proposals would have a wider landscape and/or visual impact than their immediate locality, planning applications should be accompanied by an appropriately detailed Landscape and Visual Impact Assessment (LVIA) undertaken by suitably qualified and experienced persons which includes any mitigation measures identified. 3) Where mitigation is required to make any identified impacts acceptable, these will be secured through condition, agreement and if necessary a planning contribution. 4) In assessing renewable energy proposals, the Council will give positive weight to initiatives which are community-led or where there are direct benefits to community through their involvement.

Suitable Areas for Wind Energy Development

1) Subject to detailed consideration of landscape, visual, ecological, heritage, cumulative and other environmental impacts in line with Policy CC3 and other relevant policies in the Plan, wind energy development of the scale and type described will be supported within the areas of the borough set out in in 3) below and as shown on the Policies Map. These areas correspond to Landscape Character Types (LCTs) defined in the South Pennines Wind Energy Landscape Study (Julie Martin Associates and LUC 2014): 2) In all areas wind turbine proposals should: a) When locating 'very small' and 'small' turbines, choose sites that are well away from medium or large turbines (in the same or adjoining LCTs), so that the different size classes are not seen together and avoid strong concentrations of turbines in a given area; b) Avoid close juxtaposition of different small turbine designs and heights, aiming instead for a consistent height and design in a given area; c) Identify and take account of possible cross-boundary cumulative impacts associated with small turbines in adjoining local authorities; and d) When locating turbines in LCTs, sites should be chosen away from views to existing turbines in adjoining LCTs, so as not to blur the distinctions between LCTs. 3) LCT A: High Moorland Plateaux (excluding the South Pennine Moors SAC, SPA, SSSI) • Within this LCT, new wind energy development should not extend a wind energy influence over a wider area than at present or visually 'connect' existing wind energy developments in the same or adjoining LCTs. • Wind energy development at new locations in this landscape will be limited to very occasional 'very small' or 'small' single turbines of consistent height and design. • In this LCT, particular care will need to be taken to ensure that: o In repowering existing wind energy sites, the surrounding landscape does not become a 'windfarm landscape' i.e. a landscape in which the influence of wind energy development dominates landscape character, effectively creating a new character. o Wind energy development presents a clear and coherent image that does not visually dominate or overwhelm a specific landform feature, skyline or settlement, especially in the Calder Valley /Cliviger Gorge. LCT C: Enclosed Uplands • Small scale development visually associated with settlements or farms, sited away from sensitive skylines or settings e.g. on gentle upland side slopes will be most suited to this landscape type. • Locally, where the landscape is somewhat larger in scale (more expansive, with large enclosures or open moorland and sparser settlements) there may be some limited scope for larger turbines or turbine clusters. • Wind energy developments in this LCT should avoid visually 'connecting' existing wind energy developments (in the same or adjoining LCTs) or dominating the landscape character of the LCT to the extent that its overall character changes. LCT D: Moorland Fringes/Upland Pastures and LCT E: Rural Fringes • Small scale wind energy development that is visually associated with settlements or farms, and evenly spread across the landscape rather than concentrated in one particular area, will be most suited to this landscape type. • In LCT D adjacent to SAC/SPA/SSSI, wind energy developments should demonstrate a clear association of 'very small' turbines with the regular clusters of farm buildings that occur in this LCT. • In LCT E, locations close to industry, business parks, major transport corridors and quarried or other brownfield sites may be less sensitive. LCT F: Settled Valleys and LCT G: Wooded Rural Valleys • Opportunities are likely to be very limited, but a single turbine that shows clear visual and functional relationships with the building, business or farm that it serves may fit best within the landscape and townscape of these LCTs. • In LCT F, the upper valley reaches, which are slightly larger scale and more open, may be somewhat less sensitive than the lower parts of the valleys. • In LCT G, adjacent to SAC/SPA/SSSI, siting close to locally existing woodland may screen and help to accommodate turbines. LCT O: Industrial/Business Parks and LCT U: Urban Area • Areas that are heavily influenced by major transport corridors or industrial or business activity may have lower sensitivity to wind energy development. Turbines that show a clear visual and/or functional relationship with such land uses may be more easily accommodated in the landscape. • In LCT O, siting turbines so that they show a close association with major industrial and/or infrastructure elements may fit best within the landscape. • In the wider urban area very small or small turbines which show a clear visual or functional relationship with large public or private land uses, e.g. educational establishments or leisure facilities, may be more easily accommodated in the landscape.

Wind Energy Development

1) The Council will support proposals for wind energy development providing: a) The development is located in a suitable area as set out in Policy CC2; b) The development would not have an unacceptable impact on landscape character as set out in Policy CC2, including cumulative impacts in combination with other existing or approved developments; c) The development would not result in unacceptable noise or shadow/reflective flicker impacts on local residents and sensitive users of the site or its surroundings e.g. those using public rights of way/bridleways, and would not result in the loss of, or significantly detract from, key views of scenic landmarks or landscape features; d) Measures are taken to avoid and where appropriate mitigate any negative effect of the development in terms of ecology, geology or hydrology, including; impacts of the development on deep peat areas, nature conservation features, biodiversity and geodiversity including habitats and species; e) Measures are taken to avoid, and where appropriate mitigate, unacceptable adverse impacts on local amenity resulting from development, its construction and operation. f) The development would not have an unacceptable impact on the operation of radar systems required for commercial or military aircraft or the Met Office Safeguarded Meteorological Site at Hameldon Hill; g) The development would not have an unacceptable impact on television and broadband reception or other telecommunications; h) They avoid the loss of, or loss of productive use of, the best and most versatile agricultural land; i) Grid connections are kept underground and any site sub-station/control buildings are appropriately sited and small in scale; and j) Supporting infrastructure (including access tracks through the site, associated cables and operational equipment) do not have a significant adverse impact on the site and its surroundings, including any Public Rights of Way. 2) Proposals for wind energy development should be accompanied by: a) An appropriately detailed Landscape and [passage ends]

Water Quality

Development will not be permitted where it would have an adverse effect on the quality or quantity of groundwater resources or watercourses and water bodies.

Air Quality

The Council will seek to ensure that proposals for new development will not have an unacceptable negative impact on air quality and will not further exacerbate air quality in AQMAs or contribute to air pollution in areas which may result in an AQMA. Applicants should consult with the Council's environmental health service to establish if the proposed development is located within an AQMA.

Air Quality Assessment

An air quality assessment will be required where a development may result in a significant increase in air pollution, or lead to a significant deterioration in local air quality resulting in unacceptable effects on human health, local amenity and/or the environment. Assessments shall address the following: a) The existing background levels of air pollution; b) Existing developments and sources of air pollution throughout the borough and the cumulative effect of planned developments; and c) The feasibility of any mitigation measures that would reduce the impact of the development on local air quality.

Ultra-Low Emission Vehicles

The Council will support and promote the provision of charging points for ultra-low emission vehicles.

Light Pollution

New lighting schemes should be appropriate to the type of development and its location. Proposals for outdoor lighting should not have an unacceptable adverse impact by reason of light spillage or glare on neighbouring building/uses, the countryside, highway safety or biodiversity in line with Policy NE4. Where appropriate, a light impact assessment will be required as part of the application submission.

Noise Pollution

Developments generating noise which is likely to create significant adverse impacts on health and quality of life and cannot be mitigated and controlled through the use of conditions or through pre-existing effective legislative regimes, will not be permitted.

Contaminated Land

On sites that are known to be or potentially contaminated, applicants will be expected to carry out an appropriate survey by a suitably qualified and experienced person. a) A Phase 1 Desk Study will be required for any application which results in a sensitive end use on a site where such a site is or may be contaminated by virtue or previous users. b) A Phase 2 Study will be required if the site is known or identified as having high levels of contamination. A Remediation Strategy shall be provided by the developer to bring the site to an acceptable level of condition which is relevant to the proposed use.

Unstable Land

On sites that are known to be or where there is reason to suspect them to be unstable and the risk of instability has the potential to materially affect either the proposed development or neighbouring uses/ occupiers, applicants will be expected to carry out an appropriate assessment by a suitably qualified and experienced person to demonstrate that the proposed development is safe and stable or can be made so. This should: a) Include a preliminary assessment including a desk based survey of the previous uses of the site and their potential for instability in relation to the proposed development; and b) Where the preliminary assessment establishes that instability is likely but does not provide sufficient information to establish its precise extent or nature, site investigation and risk assessment must be carried out to determine the standard of remediation required to make the site suitable for its intended use.

Remediation and Mitigation Works

Where remediation, treatment or mitigation works are considered necessary to make the site safe and stable and/or to protect wider public safety, conditions or obligations will be imposed to ensure appropriate works are completed prior to the commencement of development or in accordance with an alternative programme agreed.

Development and Flood Risk

1) The Council will seek to ensure that new development does not result in increased flood risk from any source or other drainage problems, either on the development site or elsewhere. 2) No development should take place within 8m of the top of the bank of a watercourse either culverted or open, unless this approach is supported by the Environment Agency or Lead Local Flood Authority. Proposals involving the creation of new culverts (unless essential to the provision of access) will not be permitted. 3) Culverts should be opened up where possible to improve drainage and flood flows. 4) New development on sites not allocated for the use proposed in this Plan, or which do not comprise minor development or changes or use, should be located within Flood Zone 1 unless the Sequential Test as set out in the NPPF and NPPG has been satisfied. 5) Development in Flood Zones 2, 3a or 3b on allocated or unallocated sites will only be acceptable where it is of a compatible type as set out in the NPPG (Tables 2 and 3), satisfies the Exception Test set out in the NPPF and NPPG and meets criteria 6b ii) to vi) below. 6) Development proposals on allocated or unallocated sites: a) of 1 hectare or greater in Flood Zone 1, or in an area within Flood Zone 1 which has critical drainage problems or includes an ordinary watercourse; or b) in Flood Zones 2, 3a or 3b; should be supported by a site specific Flood Risk Assessment taking account of the Council's Strategic Flood Risk Assessment (or the most up to date flood risk information available) along with any evidence from the Lead Local Flood Authority (Lancashire County Council), and the Environment Agency to establish whether the proposed development: i) is likely to be affected by current or future flooding from any source, taking into account the increased risk associated with climate change; ii) will increase flood risk elsewhere or interfere with flood flows; iii) can provide appropriate mitigation measures to deal with potential risks and effects; iv) would be likely to preclude the future implementation of necessary flood risk measures, including the improvement of flood defences; v) can reasonably maintain access and egress at times of flood; and vi) can be accommodated within the capacity of the water supply, drainage and sewerage networks. 7) Where flood defences exist that protect development sites, any site specific Flood Risk Assessment required should also assess the risk overtopping of defences in extreme events and possible breach analysis evidence. 8) Where mitigation is required to make any identified impacts acceptable, these will be secured through conditions and/or legal agreement, including where necessary through planning contributions.

Surface Water Management and Sustainable Drainage Systems (SuDS)

1) In order to assist in minimising surface water run-off from sites: a) Existing green infrastructure should be retained and integrated and where possible enhanced in line with Policy SP6; and b) The use of permeable materials should be maximised. 2) Surface water should be managed at source and not transferred and discharged. The following order of priority for any water discharge should be adopted: a) A permeable soakaway or some other form of infiltration system b) An attenuated discharge to a watercourse c) An attenuated discharge to surface water sewer d) An attenuated discharge to combined sewer (this should be considered the last resort) 3) In respect of major developments, SuDS will be required and surface water discharges from developed sites should be restricted to QBar rates (mean annual greenfield peak flow). A drainage strategy should be submitted detailing the following: a) The types of SuDS and/or measures; b) Hydraulic design details/calculations; c) Pollution prevention and water quality treatment measures together with details of pollutant removal capacity as set out in the current CIRIA SuDS Manual C753 or equivalent and updated local or national design guidance; and d) The proposed management and maintenance regime for the lifetime of the development.

Conversion of Rural Buildings

1) The re-use and conversion of existing buildings outside of the Development Boundaries to new uses will be supported where they meet other relevant policy requirements and: a) The building is of a permanent and substantial construction, is structurally sound and capable of conversion and any important architectural and historical features are retained; b) The conversion can be carried out without major extensions to the existing building or the construction of ancillary buildings; c) The conversion does not adversely affect the character, rural setting and appearance of the surrounding landscape; d) Suitable services can be made available and vehicular access can be created without the need for substantial engineering works or works which would significantly adversely affect the character and landscape setting and/or the locality; e) The proposal safeguards the roosting or nesting habitat of any Protected Species present; and f) The type of use proposed is of a scale and type that is appropriate to a rural area and the specific location. 2) In appropriate cases, permitted development rights will be withdrawn to ensure future alterations, extensions and minor works which could have and significant adverse impact on the landscape can be properly considered.

Biodiversity and Ecological Networks

1) All development proposals should, as appropriate to their nature and scale, seek opportunities to maintain and actively enhance biodiversity in order to provide net gains where possible. Development affecting Sites of National and International Importance 2) Development proposals which are likely to have a significant effect on a European Site (SAC/SPA) (either individually or in combination with other plans and projects) should be subject to an Appropriate Assessment. Development that is considered to adversely affect the integrity of a European Site will not be permitted. 3) Development proposals will not be permitted where there is likely to be an adverse effect on sites of national importance for biodiversity and/or geology. In exceptional circumstances, development proposals may be considered acceptable where the benefits of the development clearly outweigh both the impacts that the development is likely to have on the defining features of the site and the broader impacts on the national network of that designation. Where adverse effects are unavoidable, these should be minimised and mitigated against, and where this cannot be achieved, compensated for. Development affecting local and regional sites 4) Development proposals will not normally be permitted where there is likely to be an adverse effect on sites identified as being of local or regional importance for biodiversity and/or geology unless the benefits of the development clearly outweigh the impacts that the development is likely to have on the key ecological features of the site and the wider Ecological Network. Where an adverse effect is likely, applications should be accompanied by a detailed ecological assessment from suitably qualified or experienced persons. Where adverse effects are unavoidable these should be minimised and mitigated against, and where this cannot be achieved, compensated for. Development affecting Protected and/or Priority Species and Priority Habitats 5) Where sites are known or likely to house Protected Species, Priority Species and Priority Habitats, surveys should be carried out by suitably qualified or experienced persons to establish the presence, extent and density of these species and habitats before planning applications are determined and appropriate measures should be taken to safeguard these habitats and species before any development commences. 6) For Protected and Priority Species, the first preference is to avoid disturbance, the second to provide suitable inter-connecting new habitats for these species within the development site. If this is not feasible, suitable alternative habitats should be provided such that there is no net loss of biodiversity. 7) For Priority Habitats, where practicable, areas of Priority Habitat should be retained, enhanced or created within the development site, or, suitable alternative habitat created elsewhere. If this is not feasible, contributions towards the cost of habitat creation or improvement elsewhere may be required. Where for reasons of viability none of the above solutions are possible, the benefits of the development should clearly outweigh the loss of the habitat concerned. Maintaining Ecological Networks 8) Where development may adversely affect the effective functioning or connectivity of Ecological Networks defined on the Policies Map, in addition to meeting any of the above listed policy requirements, schemes should: a) Where practicable, retain and enhance existing landscape and natural features (e.g. trees, hedges, river banks, watercourses, water bodies and important habitats) in accordance with Policies SP6 and NE2; and b) Ensure an alternative corridor can be provided to ensure equivalent connectivity is maintained.

Protected Open Space

1) Development will not be permitted within the Protected Open Spaces shown on the Policies Map except where the proposals are for appropriate recreational, community and nature conservation uses and where any building and structures would not undermine the fundamental purpose and nature of the site as open space. 2) Protected Open Spaces should be maintained and enhanced for the recreational, amenity, biodiversity or other benefits they provide and as an important component of Burnley's green infrastructure network.

Landscape Character

1) The Council will expect development proposals to respect and where possible, enhance and restore landscape character, as appropriate to their nature and scale. Development proposals should ensure that: a) They relate well to local topography and built form and are of an appropriate scale, siting, layout, design, density and use of materials to minimise the impact on the landscape character of the site and its surroundings; b) They are designed and located to ensure that the health and future retention of important landscape features is not likely to be prejudiced and include provisions for the long term management and maintenance of any existing and proposed landscaping, woodlands and trees; c) They avoid detrimental effects on or loss of features that make a significant contribution to the particular landscape character type, and where possible proposals should aim to conserve, enhance or restore important natural and historic landscape features such as farmsteads and barns, mills, ponds, lodges and bridges and protect historic field boundaries, including individual trees, stone walls and hedgerows that make a positive contribution to the character of the landscape type; d) They maintain and extend tree cover, where practicable, through the retention of important trees, appropriate replacement of trees to be lost and new planting to support green infrastructure; e) They incorporate native screen planting as a buffer to soften the edge of the building line in valley side locations; and f) They do not have an unacceptable visual impact on skylines, key views and roofscapes and undertake measures, such as landscaping, to reduce those impacts where appropriate. 2) Planning applications should be supported by a landscaping scheme that responds to the above matters and includes new landscaping measures that positively integrate the development into the landscape character of the area. 3) Planning applications should be supported by a landscape analysis and management plan in appropriate cases. This should take account of, as a minimum, the Lancashire Landscape Strategy and information obtained from the Lancashire Historic Environment Record.

Trees, Hedgerows and Woodland

Protected trees, hedgerows and woodland 1) Development proposals that lead to a loss of protected trees, important hedgerows, prominent mature or aged or veteran trees or areas of mature or ancient woodland will not normally be permitted. 2) The Council will consider the making of Tree Preservation Orders where trees of moderate and high quality which have a life expectancy of at least 10 years and are of visual amenity value may be affected by future development or have been recognised as having public value. 3) Works to protected trees will only be granted consent where these: a) Would not adversely affect the appearance of the tree and the contribution it makes to the visual amenity of the locality; or b) Would improve the health and/or amenity value of the tree. 4) The felling of protected trees will only be allowed where: a) The tree is demonstrated to the Council's satisfaction to be in poor health and/or to have lost its intrinsic visual amenity value; or b) The tree is causing demonstrable harm/damage to the structural integrity of a building or structure, (evidenced by a structural and arboricultural report prepared by appropriately qualified consultant(s)), and the harm cannot be remedied by other reasonable means. 5) Where the felling of protected trees is allowed, replacement planting will normally be required. Trees and hedgerows within development sites 6) Development proposals should provide for the protection and integration of other existing trees and hedgerows for their wildlife, landscape and/or amenity value. Where trees or hedgerows will be lost due to new development and this is considered acceptable on balance, the Council may require developers to replant trees of appropriate species on site where it is practicable to do so; or off site where it is not. The extent of replanting will not necessarily be a 1:1 ratio but will reflect the age, number and size of trees or length of hedgerows to be lost and the environment and likely survival rate for replacement trees. Where development proposals would affect or be affected by trees or established woodland on or adjacent to the development site, the Council may expect planning applications to be accompanied by: a) An arboricultural survey prepared by a suitably qualified and experienced person in accordance with BS: 5837 (2012) 'Trees in Relation to Design, Demolition and Construction' and any subsequent revisions. b) A landscaping scheme which clearly shows adequate spacing between trees and buildings, taking into account the existing and future size of trees, both above and below ground.

Environmental Protection

1) Development proposals, as appropriate to their nature and scale, should demonstrate that environmental risks have been evaluated and appropriate measures have been taken to minimise the risks of adverse impacts to air, land and water quality, whilst assessing vibration, heat, energy, light and noise pollution both during their construction and in their operation. Air Quality 2) The Council will seek to ensure that proposals for new development will not have an unacceptable negative impact on air quality and will not further exacerbate air quality in AQMAs or contribute to air pollution in areas which may result in an AQMA. Applicants should consult with the Council's environmental health service to establish if the proposed development is located within an AQMA. 3) An air quality assessment will be required where a development may result in a significant increase in air pollution, or lead to a significant deterioration in local air quality resulting in unacceptable effects on human health, local amenity and/or the environment. Assessments shall address the following: a) The existing background levels of air pollution; b) Existing developments and sources of air pollution throughout the borough and the cumulative effect of planned developments; and c) The feasibility of any mitigation measures that would reduce the impact of the development on local air quality. 4) The Council will support and promote the provision of charging points for ultra-low emission vehicles.

Protecting the Green Belt

1) The revised extent of the Green Belt is defined on the Policies Map. 2) Within the Green Belt, planning permission will not be granted for 'inappropriate' development except in very special circumstances. The construction of new buildings in the Green Belt is 'inappropriate' development. Exceptions to this are: a) buildings for agriculture and forestry; b) provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it; c) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; e) limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or f) limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. 3) Within the Green Belt, certain other forms of development are also not 'inappropriate' providing they preserve the openness of the Green Belt and do not conflict with the purposes of including land with it. These are: a) mineral extraction; b) engineering operations; c) local transport infrastructure which can demonstrate a requirement for a Green Belt location; d) the re-use of buildings provided that the buildings are of permanent and substantial construction; and e) development brought forward under a Community Right to Build Order. 4) Development that is not 'inappropriate' will be judged in relation to the other policies of the Development Plan and any relevant Supplementary Planning Documents.

Green Infrastructure

1) In line with Burnley's Green Infrastructure Strategy, the Council will, in partnership with other agencies and stakeholders, seek to protect, enhance and extend the borough's multifunctional green infrastructure network in order to maintain and develop the wider public health, ecological and economic benefits it provides and to ensure that there is an overall net gain. 2) In addition to satisfying the requirements of other policies, development proposals should, as appropriate to their nature and scale: a) Seek to retain and enhance green infrastructure assets and functionality through the design process, in particular the key assets identified in Figure 5; and b) Be accompanied by an audit of the green infrastructure functions within and adjacent to the site as set out in Table 2 together with a statement demonstrating: i) How these will be retained or enhanced through the development process; or ii) Where loss of or negative impact on GI functionality is unavoidable, what mitigation measures are proposed and/or replacement GI will be provided. Any replacement or mitigation measure should be deployed as closely as possible to the affected GI asset.

Identifying and Protecting Burnley's Historic Environment

1) The Council will proactively manage and work with property owners and other stakeholders to ensure positive, well-informed and collaborative conservation that recognises and reinforces the historic environment's contribution to local identity and distinctiveness and its potential as a driver for economic growth, attracting investment and tourism and providing a focus for successful regeneration. 2) Key elements that contribute to the distinct identity of the borough that will therefore be a priority to protect, enhance and promote, include: a) The industrial heritage related to the textile industry, in particular, mills, weaving sheds, chimneys and associated housing; public buildings and the legacy of public parks and gardens; b) The heritage assets associated with and that contribute to the character of the Leeds & Liverpool Canal, including canal-related infrastructure such as bridges, wharfs and warehouses; c) Pre-industrial townscape including barns, farmhouses, cottages and higher status buildings of 16th and 17th Century origins; and d) Historic town centres. 3) In addition to its role in sustaining and enhancing the significance of heritage assets in response to development proposals, the Council will maximise the benefits of the borough's historic environment through the following actions: a) Identifying grants and funding opportunities for heritage-led regeneration initiatives, especially in those areas where the historic environment has been identified as being most at risk; b) Maintaining a record of Heritage Assets at Risk through neglect, decay or other threats and addressing such assets in a positive manner, proactively seeking solutions for assets at risk through discussions with owners and a willingness to consider positively development schemes that would ensure the repair and maintenance of the asset and, as a last resort, using statutory powers; c) Introducing Article 4 Directions where there is clear justification to introduce stricter controls; d) Maintaining a Local List as a principal means of identifying non-designated heritage assets that make a positive contribution to local character and sense of place because of their heritage value; e) Maintaining and developing effective control and taking enforcement action in respect of unauthorised works to designated heritage assets or within their settings where it is expedient to do so; and f) Engaging local people in discovering, presenting and conserving the borough's heritage and offering help, advice and information as appropriate. 4) The Council will encourage, wherever possible, opportunities to enhance or better reveal the significance of heritage assets or their setting for example through repairs, reinstatement of lost architectural features, reversal of previous inappropriate changes and measures to secure their long term maintenance. This will normally be a requirement where grant assistance is being offered or enabling development considered.

Designated Heritage Assets: Listed Buildings; Conservation Areas; and Registered Parks and Gardens

1) Proposals affecting designated heritage assets and/or their settings will be assessed having regard to the desirability of sustaining and enhancing the significance of the asset and, where appropriate, securing a viable use most consistent with its conservation. All levels of harm should be avoided. Less than Substantial Harm (i.e. Harm) 2) Where proposals would lead to less than substantial harm to the significance of a designated heritage asset, the harm will be weighed against the public benefit of the proposal, including securing its optimum viable use. 3) In order to avoid harm to significance, proposals for works of alterations and extensions to a listed building or within a conservation area or historic park and garden will be expected to: a) Conserve, and where appropriate repair or reinstate, those elements that contribute to the significance of the heritage asset including its design, character, architectural features of interest, appearance, structure and principal components; b) Use traditional, local materials and respect local building techniques and details; c) Respect existing hard and soft landscape features including open space, trees, boundary treatments (railings and gates) and surfacing; d) Respect layout and historic patterns of development including street patterns, characteristics of grain, plot boundaries and frontage widths. 4) In order to avoid harm to significance, development affecting the setting of a designated heritage asset will be expected to: a) Maintain the aspects of the setting which contribute to its significance, including views into and out of it and the general relationship between the asset and the character of the surrounding landscape or townscape; and b) Respect the character of existing architecture by having due regard to positioning and grouping of buildings, roofscapes and skylines, form, scale, enclosure, architectural styles, detailing, and use traditional or complimentary materials. Substantial Harm or Loss 5) Consent will not be granted for proposals that lead to substantial harm to or the total loss of the significance of a designated heritage asset, unless robust evidence can demonstrate that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: a) The nature of the heritage asset is preventing all reasonable uses of the site; b) No viable use of the heritage asset that can be found in the medium term through appropriate marketing that will enable its conservation; c) Conservation by grant funding or charitable or public ownership of the asset is demonstrably not possible; and d) The harm or loss is outweighed by the benefits of bringing the site back into use. Recording 6) Where the loss of the whole or a significant part of a designated heritage asset, including a building or element that makes a positive contribution to the significance of a conservation area is determined to be acceptable, conditions or agreements will be put in place to ensure that: a) Assets are recorded, analysed and reported where appropriate; and b) No loss takes place without all reasonable steps being taken to ensure that any new development will proceed after the loss has occurred.

Non-Designated Heritage Assets

1) The Council will maintain a local list and will seek to help ensure the retention, good maintenance and continued use of non-designated heritage assets. 2) Where a non-designated heritage asset or its setting, including where identified through the planning process, is affected by development proposals (directly or indirectly) there will be a presumption in favour of its retention. 3) Proposals affecting non-designated heritage assets should relate appropriately in terms of siting, style, scale, massing, height and materials. 4) Development proposals affecting the setting of a non-designated heritage asset will be required to give due consideration to its significance and ensure that this is protected or enhanced where possible. 5) Where the loss of the whole or significant part of a non-designated heritage asset is determined to be acceptable, the applicant will be expected to secure recording to the appropriate level, the results of which should be deposited with the Council.

Scheduled Monuments and Archaeological Assets

1) Development proposals that will lead to substantial harm to, or the total loss of the significance of Scheduled Monuments or other archaeological assets that are of demonstrably equal significance, will only be permitted in wholly exceptional circumstances. Proposals that will lead to less than substantial harm to significance will be permitted only where the harm is clearly and convincingly justified and is outweighed by the public benefits of the proposal. 2) Where development would or is likely to affect the significance of Scheduled Monuments or other archaeological assets that are of demonstrably equal significance, proposals should be accompanied by an assessment of significance and impact. The assessment should describe the likely impacts of the proposal on the significance of the archaeological asset and set out appropriate measures for its preservation, protection, management; together with any mitigation measures, excavations and recording proposals. The level of information required will be appropriate to the assets significance and the scale of likely impact of the proposal, and may require a desk-based archaeological assessment and/or field evaluation. Proposals should also give adequate consideration of how the public understanding and appreciation of such sites could be improved. 3) Where it is accepted that in-situ preservation is not possible or not desirable, adequate provision must be made for excavation, recording and analysis in accordance with a Written Scheme of Investigation approved by the planning authority including where appropriate arrangements for the storage/relocation of assets. Research and recording must be appropriately archived in a way agreed with the Council. 4) Proposals that affect other non-designated archaeological assets will be judged on the significance of the asset and the scale of likely harm to establish whether the development is acceptable in principle. Whilst the preferred approach will be to seek to avoid damage to such remains through their preservation in situ, when in-situ preservation is not judged to be necessary, the developer will be required to make adequate provision for excavation, recording and analysis and where appropriate the storage/relocation of assets. Research and recording must be appropriately archived in a way agreed with the Council.

George Street Mill (Mixed Use)

This site would be suitable for B1, C2, C3 and D1 uses. Additional and Site Specific Policy Requirements and Design Principles 1) Development will be expected to positively address its waterfront location; create a positive and appropriate relationship with surrounding buildings and spaces by respecting the form, scale and materials of the surrounding historic townscape; and be of high design integrity consistent with Policy SP5. Design and layout should positively address the level differences on the site and should contribute to an improved public realm consistent with the Weavers' Triangle Public Realm Strategy SPD. 2) The site includes Charlotte Street Mill, a non-designated heritage asset. The significance of heritage assets, including their settings, within and adjacent to the site should be conserved and enhanced in accordance with Policy HE2.

Land at Burnley General Hospital

1) Protected Species have been recorded on the site. An ecological survey will be required to accompany any planning application which identifies and addresses this issue in accordance with Policy NE1. 2) Contributions may be sought for off-site highway improvements in accordance with Policy IC4. 3) Any planning application must be accompanied by a comprehensive parking strategy/plan for the hospital site which demonstrate that the development would create or exacerbate parking problems in the vicinity. 4) The site of the former Burnley Union Workhouse has local archaeological significance and suitable provision will need to be made for a programme of building assessment and appropriate recording as a consequence of redevelopment.

Former AIT Site

1) A mix of dwelling types will be expected. 2) The proposed scheme should respect the character of the area whilst also providing an opportunity to lower local densities and provide greater levels of private amenity space and off street parking. 3) The scheme should incorporate two storey dwellings and harmonising 'feature plots' enhanced with natural local stonework laid in a manner to match the existing housing in the area. Natural local stone should be used for principal elevations and/or boundary walls together with a limited pallet of other suitable harmonising materials. 4) The site of the former mill, used for jet engine manufacture in WWII, has local archaeological significance and suitable provision will need to be made for archaeological desk based assessment to establish the potential for buried remains of the mills power systems or jet engine related features. Should there be significant probability of surviving buried remains then field evaluation will be required consistent with Policy HE4; and any further investigation or recording works that may be necessary as a consequence of development.

Former Heckenhurst Reservoir

The site is acceptable for around 35 dwellings. A mix of dwelling types including a minimum of 60% 3+ bedroomed detached and semi-detached houses will be expected; Appropriate landscaping and boundary treatment should include screening to the northern and western boundary to reduce the impact on the wider landscape. New planting on the site will need to accord with Policy NE3; Contributions towards off-site highways improvements may be required in line with Policy IC4; Land contamination investigation and the relevant remediation will be required in accordance with Policy NE5; Development proposals should retain the existing wall around the former reservoir; and Protected Species have been recorded on the site. An ecological survey will be required to accompany any planning application which identifies any Protected Species and South Pennines SPA qualifying species present and addresses these issues in accordance with Policy NE1.

Tay Street

The site is acceptable for around 35 dwellings. A mix of 2 and 3 bed dwellings will be expected; Access should be taken from Tay Street and Accrington Road. No vehicular access will be permitted onto Hameldon Approach. Improvements will be needed to the junction of Accrington Road and Nairne Street towards which contributions may be sought in line with Policy IC4; Screening and noise mitigation measures should be incorporated to the north of the site, which lies adjacent to a busy road and a railway. Screening should also be considered between the site and the existing Sure Start centre; and The existing play area at the east end of the site should be retained and a wider landscaping scheme submitted showing the retention and enhancement of further open space in this area.

Former Gardner Site

The site is acceptable for around 43 dwellings. A mix of dwelling types will be expected; Access should be taken from Hargher Street and not the current site access at Bruce Street; A significant area of the site is at risk of surface water flooding. The layout and design of the development should take account of the recommendations of the Council's Strategic Flood Risk Assessment; A bat survey will be required as recommended by the Council's Protected Species Survey; and The site of the former mill, used for jet engine manufacture in WWII, has local archaeological significance and suitable provision will need to be made for archaeological desk based assessment to establish the potential for buried remains of the mills power systems or jet engine related features. Should there be significant probability of surviving buried remains then field evaluation will be required consistent with Policy HE4; and any further investigation or recording works that may be necessary as a consequence of development.

Coronation Avenue, Thompson Street

The site is acceptable for around 41 dwellings. A mix of dwelling types will be expected; Access should be taken from the existing cul-de-sac, Coronation Avenue; and The site forms part of the Lancashire Ecological Network for Grassland. An ecological survey will required to accompany any planning application which identifies and addresses this issue in accordance with Policy NE1. This should include a bat survey as a bat roost has been recorded on site.

Gordon Street Mill

The site is acceptable for around 39 dwellings. Conversion of the existing mill building for residential use is supported. Should the mill building be demolished, a mix of dwelling types including a minimum of 60% 3+ bedroomed detached and semi-detached houses will be expected. If the mill is be retained, a flexible approach to the mix of dwellings types will be taken in line with Policy HS3; The site includes a pond (Priority Habitat) and is considered to have the potential to house bats. An ecological survey (including breeding bird survey and survey of any South Pennines SPA qualifying species present) will required to accompany any planning application which identifies and addresses these issues in accordance with Policy NE1; Land contamination investigation and the relevant remediation will be required in accordance with Policy NE5; Appropriate landscaping and boundary treatment should include screening to the northern boundary to reduce the impact on the wider landscape. New planting on the site will need to accord with Policy NE3; Contributions towards off-site highways improvements may be required in line with Policy IC4; and The site has local archaeological significance and suitable provision will need to be made for a programme of building assessment and appropriate recording as a consequence of redevelopment.

Livingstone Mill

The site is acceptable for around 38 dwellings. A mix of dwelling types including larger detached and semi-detached homes will be expected; Land contamination investigation and the relevant remediation will be required in accordance with Policy NE5; and Proposals for the site should address its waterfront setting in accordance with Policy SP5.

Perseverance Mill, Padiham

The site is acceptable for around 56 dwellings. A mix of dwelling types including will be expected.

Land NE of Sycamore Avenue

The site is acceptable for around 34 dwellings. A mix of dwelling sizes will be expected; and A bat survey will be required as recommended by the Council's Protected Species survey 2017.

Ridge Avenue

The site is acceptable for around 24 dwellings. A mix of dwelling types will be expected; Vehicular access should be from Ridge Avenue; The site forms part of the Lancashire Ecological Network for Woodland and forms part of a stepping stone habitat within the Woodland Network. It is also adjacent to a Stepping Stone habitat within the Grassland Network. An ecological survey will required to accompany any planning application which addresses this issue in accordance with Policy NE1; Off-site replacement tree planting together with compensatory open space improvement will be required for which contributions may be sought under Policy IC4 and 5; An area of the existing tree planting on the northwest edge of the site should be retained as a buffer possibly within the gardens of the new dwellings; and a larger area at the south eastern edge of around 50 metres should be retained as woodland with public access to allow a future link to Brun Valley Park; and The trees along Ridge Avenue should be retained and protected during the development's construction.

Land adjacent to 2 Queens Park Road

The site is acceptable for around 29 dwellings. A mix of dwelling types will be expected; Vehicular access should be from Ridge Avenue; The trees on Ridge Avenue should be retained and protected during the development's construction; Land contamination investigation and the relevant remediation will be required in accordance with Policy NE5; and Protected Species have been recorded on the site. An ecological survey will be required to accompany any planning application which identifies and addresses this issue in accordance with Policy NE1.

Former Dexter Paints

The site is acceptable for around 27 dwellings. Vehicular access should be taken from Saltburn Street only, with the existing site access from Gannow Lane permanently closed; Screening and noise mitigation measures are required in order to lessen the impact of noise from adjacent industrial uses to the east of the site; and Proposals should address the site's waterfront location in accordance with Policy SP5.

Land to rear of Bull and Butcher

The site is acceptable for around 24 dwellings. A mix of dwelling types including a minimum of 60% 3+bedroomed detached or semi-detached will be expected; Vehicular access should be from a single point onto Manchester Road; Protected species have been recorded on the site. An ecological survey will be required to accompany any planning application which identifies and addresses this issue in accordance with Policy NE1; and Appropriate landscaping and boundary treatment should include screening to the southern boundary to reduce the impact on the wider landscape. New planting on the site will need to accord with Policy NE3.

Land at Oswald Street

The site is acceptable for around 20 dwellings. A mix of dwelling types will be expected; Access should be taken from Oswald Street; The site lies adjacent to a Biological Heritage Site. Any development would need to comply with the requirements of Policy NE1; The site forms part of the Lancashire Ecological Network for Woodland and Grassland and protected species have been recorded on the site. An ecological survey will required to accompany any planning application which identifies and addresses these issues in accordance with Policy NE1; and Contributions for off-site highway and junction improvements in accordance with Policy IC4 may be sought to address any adverse impact on existing traffic flows onto Brougham Street.

Brampton House, 500 Colne Road

The site is acceptable for around 18 dwellings. The development should utilise the existing access from Colne Road; The existing trees should be retained in accordance with Policy NE4. The site is located on a Key Gateway. Development will be expected to reinforce the sites Key Gateway role consistent with Policy SP5; and. Extensive areas of the site are at risk from surface water flooding. Although the site is located within Flood Zone 1 and is less than 1 hectare in size, any future planning applications (reserved matters or outline) should be supported aby a site specific Flood Risk Assessment to demonstrate how this issues will be addressed in line with Policy CC5.

Land adjacent 250 Brownside Road

The site is acceptable for around 18 dwellings. A mix of dwelling types will be expected; Protected Species have been recorded on the site. An ecological survey (including breeding bird survey and survey of any South Pennines SPA qualifying species present) will be required to accompany any planning application in accordance with the recommendation of the Council's Protected Species surveys which identifies and addresses these issues in accordance with Policy NE1; Appropriate landscaping and boundary treatment should include screening to the northern and western boundary to reduce the impact on the wider landscape. New planting on the site will need to accord with Policy NE3; Vehicular access should be from a single point onto Brownside Road, taking into account the need to ensure sightlines are not compromised; and Contributions towards off-site highways improvements may be required in line with Policy IC4.

Clevelands Road (South)

The site is acceptable for around 13 dwellings. A mix of 2 and 3 bedroomed dwellings will be expected; In accordance with Policy NE4, an arboricultural survey will be required and a detailed landscaping scheme prepared showing a majority of the trees on and adjoining the site including to the road frontage retained and protected during the site's construction and any trees accepted to be lost will need to be compensated for by new planting within or adjoining the site; Land contamination investigation and the relevant remediation will be required in accordance with Policy NE5; The site includes Priority Habitat (deciduous woodland) and an ecological survey will be required to accompany any planning application which identifies and addresses this issue in accordance with Policy NE1; and Development proposals should include improvements to footpath links to Healey Heights.

Weavers' Triangle

1) Development will be expected to deliver approximately 150-200 new homes, with particular emphasis on delivering family housing (3+ bedroomed units representing a minimum of 60% of new dwellings). The site should also incorporate around 15,000 sqm of employment space and associated uses such as education and community facilities. 2) The site is constrained by existing infrastructure and the need to maintain/reinstate key pedestrian and cycle links. Contributions will be sought to reconnect Marlborough Street and Finsley Gate. The bridge that connects the two sites should be brought back into use, enabling pedestrians and cyclists to easily cross the site. A new pedestrian crossing should be provided on Finsley Gate. Contributions will be sought to facilitate this and the provision of improved pedestrian and cycle routes to Burnley town centre. 3) Development will be expected to positively address its waterfront location; create a positive and appropriate relationship with surrounding buildings and spaces by respecting the form, scale and materials of the surrounding historic townscape; and be of high design integrity consistent with Policy SP5. Design and layout should contribute to an improved public realm consistent with the Weavers' Triangle Public Realm Strategy SPD. 4) The site includes Finsley Gate Mill, a non-designated heritage asset. The significance of heritage assets, including their settings, within and adjacent to this site should be conserved and, where possible, enhanced consistent with Policy HE2 and HE3. Particular consideration should be given to the potential impact on the setting of the Canalside Conservation Area. 5) The site is located on a Key Gateway into Burnley Town Centre. Development will be expected to reinforce the site's Key Gateway role consistent with Policy SP5.

Ridge Wood

1) A mix of dwelling types including a minimum of 60% 3+ bedroomed detached and semi-detached houses will be expected, of which at least 50% should be detached. 2) A scheme of the highest quality is expected which clearly and demonstrably contributes to increasing housing quality and choice across the borough. 3) A contaminated land survey and appropriate remediation strategy should be submitted to accompany any planning application in accordance with Policy NE5. 4) A majority of the trees on and adjoining the site should be retained in accordance with Policy NE4. Supplementary planting will be expected, including between this site and the adjacent site on HS1/21 – Land adjacent 2 Queen's Park Road. 5) The site forms part of the Lancashire Ecological Networks for Woodland and Grassland. An ecological survey will be required to accompany any planning application which addresses this issue in accordance with Policy NE1. 6) The site has local archaeological significance and suitable provision will need to be made for archaeological desk based assessment to establish the potential for surviving remains of Ridge End. Should there be significant probability of buried remains existing then field evaluation will be required consistent with Policy HE4; and any further investigation or recording works that may be necessary as a consequence of development.

Red Lees Road, Cliviger

1) A mix of dwelling types, including a minimum of 40% 4+ bedroomed detached and 30% 3+ bedroomed detached or semi-detached houses will be expected. 2) Protected Species have been recorded on the site. An ecological survey (including a breeding bird survey and survey of any South Pennines SPA qualifying species present) will be required to accompany any planning application which identifies and addresses these issues in accordance with the recommendation of the Council's Protected Species Survey and Policy NE1. 3) Appropriate landscaping and boundary treatment should include screening to the southern boundary to reduce the impact on the wider landscape. New planting on the site should be in accordance with Policy NE3. 4) Vehicular access should be from a single point onto Red Lees Road. 5) The presence of reported prehistoric finds and earthworks within close proximity of the site would suggest the site has significant potential for buried remains of local-regional significance to exist. Suitable provision will need to be made for archaeological assessment and evaluation of the site; and any further investigation or recording works that may be necessary as a consequence of development consistent with Policy HE4.

Higher Saxifield

1) A mix of dwelling types including a minimum of 55% 3+ bedroomed detached and semi-detached houses will be expected. 2) The existing access from Standen Hall Drive is not considered suitable to serve the development and a new vehicular access will be required. 3) Contributions may be sought towards highway improvements in the locality in accordance with Policy IC4. 4) Protected Species have been recorded on the site which also includes Priority Habitat (neutral grassland). An ecological survey will be required to accompany any planning application which identifies and addresses these issues in accordance with Policy NE1. 5) Appropriate landscaping and boundary treatment should include screening to reduce the impact on the wider landscape. New planting on the site will need to accord with Policy NE3. 6) A desk based archaeological assessment will be required to support any planning application to indicate the potential for archaeology to be present on site. Depending on the result there may be a requirement for further archaeological investigation work in accordance with Policy HE4.

Housing Allocations

In order to meet the requirement of Policy SP2, the following sites, as identified on Policies Map, are allocated for housing development. HS1/1 – Former Hameldon Schools Site Housing Delivery: The site is acceptable for around 250 dwellings. Additional and Site Specific Policy Requirements and Design Principles 1) A mix of dwelling types, including a minimum of 60% 3+ bedroomed detached and semi-detached houses will be expected, of which at least 50% should be detached; 2) Vehicular access should be provided from Kiddrow Lane with only an emergency (and cycle and pedestrian) access onto Scott Street; 3) Any necessary off-site highway improvement works agreed to be necessary must be carried out in accordance with a phasing plan to be agreed; 4) The existing playing pitches should be retained and/or replaced by equivalent or better provision in the locality, detailed proposals for which should be submitted with any planning application. Planning contributions may be required in accordance with Policy IC4; 5) A new equipped play area must be provided on site (see Policy HS4); 6) A footpath link should be maintained to the Sweet Clough Greenway; 7) The site forms part of the Lancashire Ecological Network for Woodland and Protected Species have been recorded. An ecological survey will be required to accompany any planning application which addresses these issues in accordance with Policy NE1; 8) A substantial area of multi-functional green infrastructure through the central area of the southern half of the site must be retained; 9) A small part of the site lies within Flood Zones 3a and 3b and further areas are at risk from surface water flooding. The layout and design of the development should take account of the recommendations of the Council's Strategic Flood Risk Assessment; and 10) The former Ivy Bank House to the south of the site has local archaeological interest and whilst this does not present an over-riding constraint on redevelopment suitable provision will need to be made for archaeological desk based assessment and field evaluation of the former Ivy Bank House consistent with Policy HE4; and any further investigation or recording works that may be necessary as a consequence of development.

Affordable Housing Provision

1) The Council will work with public and private sector partners to seek to ensure that there is a sufficient supply of good quality affordable housing, particularly in the areas of highest need by: a) Supporting and facilitating the acquisition and adaptation of existing housing by registered providers; b) Working proactively with registered providers to identify sites and deliver schemes to provide affordable housing; and c) Requiring the provision of affordable housing through all housing developments of over 10 units, unless the applicant can demonstrate that a site, which would otherwise be supported by the policies in the Plan and meets the requirements of Policies SP4 and SP5, would not be viable with affordable housing provision on-site or off-site by way of a contribution. 2) The exact amount of financial contribution/number and tenure of affordable units will be determined by economic viability having regard to individual site and market conditions. 3) Any affordable housing required should be provided: i) on-site where this can be achieved without compromising other important policy considerations or viability; or ii) off-site where on-site provision has been satisfactorily demonstrated not to be justified under i) and where it can be demonstrated that the contribution would facilitate the delivery of affordable housing of an appropriate type at a suitable policy-compliant site. 4) All new affordable housing should be designed to minimise indications of its tenure in order to facilitate inclusive communities. 5) Where affordable housing is being delivered, the Council will seek to ensure an appropriate tenure mix using the following percentages as a guide (and sizes and types as set out in Policy HS3). • Affordable Rent or Social Rent: 80% • Intermediate tenure: 20%

Housing Density and Mix

Housing Density 1) New housing should make efficient use of land and be built at a density appropriate to its location and setting. 2) As a minimum, developments should seek to achieve 25 dph (dwellings per hectare gross). 3) Higher densities of at least 40 dph (dwellings per hectare gross) will be expected within or close to the Town and District Centres, or where urban design and townscape considerations are considered to require a higher density approach. The density should be informed by the following site specific considerations: • Its size; • Its characteristics; • Its context and townscape setting; and • The likely marketability of the dwellings. Housing Mix 4) All housing schemes on sites of 0.4 Hectares or for 10 units or more should consider a mix of housing types using the indicative proportions set out in the below. The precise mix should be informed by the following site specific considerations and the need to increase the quality and choice across the Borough: • Its size; • Its characteristics; • Its context and townscape setting, and; • The likely marketability of the dwellings. Property Type: Proportion: Size (bedrooms) Detached 20% 3 to 4+ Semi-detached 35% 2, 3, 4 Terraced 15% 2 to 3 Bungalow / accessible flat 20% 1, 2, 3 Other flats / maisonette 10% 1, 2

Housing Developments

1) New housing developments should be high quality in their construction and design in accordance with Policy SP5. 2) For schemes of more than 50 dwellings, planning applications should include a phasing plan which should include details of the proposed phasing, temporary works and security measures which should demonstrate an acceptable standard of development and amenity for early residents and existing adjacent residents. 3) In addition, the Council will require new housing developments to: a) Provide private and functional outdoor space for occupants. For flats and mews/courtyard developments, outdoor space may be shared; b) Be well laid out to ensure habitable rooms receive adequate levels of daylight; and c) Provide appropriate levels of privacy and outlook for occupants and for existing adjacent residents. Unless an alternative approach is justified to the Council's satisfaction, the following privacy distances will apply: Type: Situation: Minimum distance Single storey and two storey dwellings: Between facing windows of habitable rooms: No less than 20 metres Single storey and two storey dwellings: Where windows of habitable rooms face a blank gable; or other windows serving non-habitable rooms: No less than 15 metres Three storey dwellings/apartments or where levels creates a significant difference in heights: For each additional storey above 2 storeys or where levels creates a significant difference in heights: As above plus an additional set back of 3 metres 4) For schemes over 10 dwellings, 20% of dwellings should be designed to be adaptable to support the changing needs of occupiers over their lifetime, including people with disabilities complying with the optional technical standards of Part M4(2) of the Building Regulations 2010. 5) New housing developments will be required to provide or contribute to public open space provision as follows. a) Proposals for 50 dwellings or more will be expected to incorporate recreational public open space to a minimum standard of 0.3 Ha per 50 dwellings or a proportion thereof, in accordance with the Fields in Trust Standard of 2.4 hectares per 1,000 population; or exceptionally, provide or pay a contribution in lieu of part or all of the open space provision for the creation or benefit of existing public open space nearby. b) Proposals for new housing developments of between 10 and 49 dwellings will be expected to provide public open space in line with the above standard. Where such a public open space is impracticable or unusable the Council will negotiate with the developer the payment of a commuted sum for the benefit of existing Public open space nearby. c) Proposals for new housing development of between 5 and 9 dwellings will be expected to provide the payment of a commuted sum in accordance with the Council's published schedule of fees for the benefit of existing or proposed public open space nearby. 6) As part of the overall recreational space requirement referred to in 5) above, developers of housing sites comprising predominantly family housing, will be required to provide 0.09 Ha (0.23 acres) of equipped children's play space per 50 dwellings, or proportion thereof. 7) Where public open space is provided in new housing development, it must normally be a single plot with a minimum functional size of 1,200m² and be overlooked by adjoining properties. It should landscaped to a high standard of design and the space must be usable, and easily accessible by all residents, including those with disabilities, and provide a safe place to play and relax whilst not causing a nuisance to nearby residents. The type of open space should have regard to the local needs and standards for all types of open space set out in the Council's Green Spaces Strategy. 8) Landscaping works and the provision of play equipment and its future maintenance is the responsibility of the developer; where public open space is provided on-site, the developer will be expected to fund its maintenance for a period of at least 20 years, or put in place a sustainable scheme of management. 9) Open space provision should be designed to deliver multifunctional benefits in particular by: a) Providing and contributing to a wider network of green infrastructure as set out in Policy SP6; b) Working with and retaining important existing landscape character, features, trees and habitats in accordance Policy NE1, 3 and 4; c) Contributing to the provision of Sustainable Drainage Systems in accordance Policy CC5. 10) Public open spaces provided under this policy will subsequently be protected as Open Space under Policy NE2.

House Extensions and Alterations

1) Alterations and extensions, including roof extensions and the erection of buildings and structures within the curtilage of dwellings, should be high quality in their construction and design in accordance with Policy SP5. The Council will permit extensions and modifications to existing residential properties where: a) The extension is subordinate to the existing building, to allow the form of the original building to be clearly understood; b) The design respects the architectural characteristics, scale and detailing of the host building and its setting. High quality matching or complementary materials should be used, appropriately and sensitively in relation to the context. This would not preclude proposals that are innovative or contemporary where these are of an exceptional design quality; c) The proposal will not have an detrimental impact on the amenity reasonably expected to be enjoyed by the occupants of neighbouring properties through overlooking, lack of privacy or reduction of outlook or daylight, using the distances set out in Policy HS4 3)c); d) The proposal does not lead to an unacceptable loss of parking, both in curtilage or on street and does not create a danger to pedestrians, cyclist or vehicles; and e) The proposal does not lead to an unacceptable loss of useable private amenity space.

Agricultural Workers' Dwellings

1) In the open countryside outside of the Development Boundaries, the erection of new dwellings in connection with a farm or other rural business will only be allowed where it satisfies other relevant policies of the Plan and meets all of the following criteria: a) Evidence has been submitted to the satisfaction of the Council that there is an existing functional need for a permanent dwelling in the particular location; b) The need relates to a full-time worker or one who is primarily employed in agriculture or another rural-based enterprise considered acceptable by the Council; c) The size of, and the accommodation to be included within the proposed dwelling, is commensurate with the needs of the enterprise rather than those of the owner or occupier and is well designed and well-related to existing agricultural buildings or other dwellings; d) The unit and the agricultural/rural activity concerned has been established for at least three years, has been profitable for at least one of them, is currently financially sound, and has a clear prospect of remaining so; e) The need could not be fulfilled by another existing dwelling or accommodation on the unit, or any other existing accommodation in the locality which is suitable and available for occupation, or through the conversion of an existing building; or through another suitable dwelling within the control of the applicant/enterprise which has been sold or let so as to prevent its occupation by the essential worker; and f) The development is in all other respects acceptable against other relevant policies in the Plan. 2) Conditions will be attached to any permission removing permitted development rights and limiting the occupancy to that required for the holding concerned or another agricultural/rural use nearby.

Gypsy and Traveller Site Criteria

1) Where there is an identified need or a demand for the provision of transit and permanent pitches for Gypsy or Traveller use or plots for Travelling Showpeople; proposals will be favourably considered where they satisfy other relevant policies of the Plan and meet the following criteria: a) The site is within or closely related to the Development Boundaries identified under Policy SP4; b) The proposed site is suitable for use as a Gypsy, Traveller or Travelling Showperson's site and can provide an acceptable living environment for future occupiers; c) The site is not subject to physical constraints or other environmental issues that cannot be mitigated to an acceptable level, or that would impact upon the health, safety or general wellbeing of residents on the site; d) The site is or can be well integrated within the local townscape in a manner in-keeping with the local character, using boundary treatments and screening materials which are sympathetic to the existing urban/rural form; e) Good levels of acoustic and visual privacy can be achieved for both residents and adjacent occupiers. Proposals should include appropriate landscape measures to minimise adverse visual impact and to ensure adequate levels of privacy and residential amenity for occupiers and adjacent occupiers that avoid the use of high walls and fences; f) The site does not accommodate non-residential uses that would cause, by virtue of smell, noise or vibration; a significant adverse impact on neighbouring business or residents; g) The proposal does not cause demonstrable harm to the quality and character of the landscape or townscape in accordance with the requirement of Policies NE3 and SP5; h) The proposal does not have an adverse impact on a locally important nature conservation site in accordance with Policy NE1; i) The proposed site is or can be made accessible to key local services such as primary schools, GPs, shops and other community facilities; j) The site has good access to the highway network and satisfactory provision is made for access, parking, manoeuvring and storage of cars, vans and trailers; and k) The site has, or could readily be provided with, electricity, mains water, drainage, sewage and waste disposal facilities. 2) The development of new Gypsy or Traveller sites will not be permitted in the following locations: a) Within the Green Belt; b) On the best and most versatile agricultural land; c) Within or adversely affecting an SSSI/SAC/SPA, Protected Open Space; or d) Within Flood Zones 3a & 3b or 2.

Gypsy and Traveller Site Occupancy Condition

1) Planning permissions for allocated or appropriate 'windfall' sites, where these are granted specifically for Gypsy and Traveller use, will be subject to conditions restricting occupancy to: a) Gypsies and Travellers who practice a travelling lifestyle; and b) Gypsies and Travellers who can demonstrate a local connection.

Housing Requirement 2012-2032

1) Over the 20 year period from 2012 to 2032 provision will be made to deliver a minimum of 3,880 net additional dwellings, equating to an indicative average of 194 dwellings per annum. a) Net additional dwelling requirement 2012-2032 3,880 b) Completions: 1 April 2012 to 31 March 2017 (872) c) Demolitions: 1 April 2012 to 31 March 2017 (199) d) Net Additional Dwellings provided: 1 April 2012 to 31 March 2017 [b) minus c)] 673 e) Re-occupation of empty homes 1 April 2012 to 31 March 2017 148 f) Commitments: i) Of which number of remaining units on sites under construction as at 31 March 2017 678 ii) Of which developable sites with planning permission under the 0.4 ha allocation thresholds as at 31 March 2017 114 iii) Other Commitments 51 g) Allowance for brownfield Windfalls on sites under 0.4 ha from 1 April 2019 to 31 March 2032 338 h) Re-occupation of empty homes 80 i) Residual Requirement to be met by site allocations 1,798 2) The housing requirement will be provided for in line with the overall Development Strategy identified in Policy SP4.

Infrastructure and Planning Contributions

1) Development will be required to provide or contribute towards the provision of the infrastructure needed to support it. 2) The Council will seek planning contributions where development creates a requirement for additional or improved services and infrastructure and/or to address the off-site impact of development so as to satisfy other policy requirements. Planning contributions may be sought to fund a single item of infrastructure or to fund part of an infrastructure item or service. 3) Where new infrastructure is needed to support development, the infrastructure must be operational no later than the appropriate phase of development for which it is needed. 4) Contributions may be sought for the initial provision and/or ongoing running and maintenance costs of services and facilities. 5) Contributions will be negotiated on a site-by-site basis and will only be sought where these are: a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development. 6) Appropriate matters to be funded by planning contributions include, but are not limited to: • Affordable housing • Public realm improvements and creation, including public art • Improvements to Heritage Assets • Flood defence and alleviation schemes, including SuDS • Biodiversity enhancements • Open space, including green infrastructure and allotments • Transport improvements, including walking and cycling facilities • Police infrastructure • Education provision • Utilities • Waste management • Health infrastructure • Sport, leisure, recreational, cultural and other social and community facilities 7) Where contributions are requested or unilaterally proposed and the viability of development proposals is in question, applicants should provide viability evidence through an 'open book' approach to allow for the proper review of evidence submitted and for reasons of transparency.

Protection and Provision of Social and Community Infrastructure

1) The Council will, where possible and appropriate: a) Safeguard existing social and community infrastructure, subject to a continued need or likely future need or demand for the facility in question; and require alternative comparable or improved provision where a development scheme would result in the loss of important social and community infrastructure; b) Require the provision of new social and community infrastructure where a development would increase demand for it beyond its current capacity or generate a newly arising need; c) In circumstances where new social or community infrastructure is required, ensure that this is provided close to the need arising, or where it is a larger facility which serves a wider population, in locations with good accessibility by walking, cycling and public transport; d) Require high quality and inclusive design of social or community infrastructure; and e) Promote the co-location and multi-functionality of social or community infrastructure. 2) The sites identified on the Policies Map are allocated and safeguarded for the extension of Burnley and Padiham cemeteries and their ancillary uses.

Telecommunications

1) Proposals for telecommunications apparatus and equipment which either requires planning permission or prior approval, including masts, boxes, satellite dishes and underground cables and services, will only be permitted where they meet the other relevant policies of the plan, and in the case of overground equipment: a) They are located on an existing site, building, mast or other structure; or b) Where a new site is required, evidence is submitted which demonstrates that the applicant has explored the possibility of erecting apparatus and associated structures on existing sites, buildings, masts or other structures. 2) Where justified under 1 a) or b) above, the siting and appearance of the proposed apparatus and associated structures should minimise its impact on the visual amenity, character or appearance of the landscape/townscape and apparatus and equipment should be camouflaged where appropriate; and 3) All masts and additions must demonstrate through self-certification the meeting of International Commission on Non-Ionising Radiation Protection (ICNIRP) standards.

Achieving Sustainable Development

1) When considering development proposals, Burnley Borough Council will take a positive approach that reflects the presumption in favour of sustainable development set out in the National Planning Policy Framework. It will work proactively with applicants and to find solutions which mean that proposals can be approved wherever possible to secure development that improves the economic, social and environmental conditions of the Borough. 2) Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in any neighbourhood development plans) will be approved without delay, unless material considerations indicate otherwise. 3) Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision, the Council will grant permission unless material considerations indicate otherwise - taking into account whether: a) any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or b) specific policies in the National Planning Policy Framework indicate that development should be restricted.

Development Strategy

1) Development will be focused on Burnley and Padiham with development of an appropriate scale also supported in the following main and small villages: Settlement Hierarchy: Tier Category Settlement 1 Principal Town Burnley Role & Function: Principal service centre for the Borough and home to the majority of the borough's population and a town of a sub-regional importance for retail, leisure and public administration and services with excellent public and private transport links. Development Scale Housing: Large scale, major and a variety of smaller sites to deliver a comprehensive range of choice of types and tenures. Employment: Large scale, medium and a variety of smaller sites to deliver a comprehensive range of units for new and existing businesses and employment opportunities for new and existing residents. Retail: Sub regional centre for retailing and the principal retail destination for the borough. Town centre with defined Town Centre boundary and defined Primary Shopping Area and Primary and Secondary Frontages where new development will be concentrated including through a new allocation and by virtue of its size. 2 Key Service Centre Padiham Role & Function: A key service centre and public transport hub for the surrounding villages and rural areas and home to a significant proportion of the borough's population. Development Scale Housing: Large scale, major and a variety of smaller sites to deliver a comprehensive range of choice of types and tenures. Employment: Large scale, medium and a variety of smaller sites to deliver a comprehensive range of units for new and existing businesses and employment opportunities for new and existing residents. Retail: Town centre with defined Town Centre boundary with a supporting role to Burnley in the retail hierarchy where by virtue of its smaller size, more modest development would be focussed. 3 Main Village Hapton Worsthorne Role & Function: Predominantly residential areas but with some local employment sites, which provide a limited but reasonable range of services to the local community and local businesses and have good public and private transport links to larger towns. Development Scale Housing: Medium and small scale sites to deliver quality and choice and modern adaptable stock for existing and new residents and to deliver aspirational housing and support and enhance existing service provision. Employment: Small scale schemes to provide opportunities for new and existing businesses and employment opportunities for new and existing residents. Retail: No defined centre – local shops to serve local community 4 Small Village Clow Bridge Mereclough Lane Bottom Hurstwood Overtown Holme Chapel Walk Mill Role & Function: Predominantly residential areas but with some small scale local/rural employment sites, which provide a basic range of services to the local community and local businesses and have reasonable public and private transport links to larger towns and villages. Development Scale Housing: Small scale schemes to deliver quality and choice and modern adaptable stock for existing and new residents and support and enhance existing service provision. Employment: Limited small scale schemes to provide opportunities for new and existing rural businesses or rural diversification and employment opportunities for new and existing residents. Retail: No defined centre – local shops or facilities selling basic convenience goods to serve local community. 2) In addition to those sites specifically allocated for development in policies elsewhere in this Plan, new development will be supported within the Development Boundaries as defined on the Policies Map where it is of an appropriate type and scale bearing in mind the role of the settlement in the hierarchy and where it satisfies the following overarching criteria and other relevant policies of this Plan: a) It makes efficient use of land and buildings; b) It is well located in relation to services and infrastructure and is, or can be made, accessible by public transport, walking or cycling; and c) It does not have an unacceptably detrimental impact on residential amenity or other existing land users. 3) In considering the acceptability of development proposals on unallocated sites within these Development Boundaries, consideration will also be given to: a) Whether schemes appropriately re-use existing buildings and infrastructure; or b) Whether schemes make use of previously-developed land that is not of recognised high biodiversity value. 4) The open countryside is defined as land beyond any Development Boundary. In the open countryside development will be strictly controlled. 5) Development proposals should not lead to the coalescence of settlements.

Retail Hierarchy

1) New retail development should be of an appropriate scale according to its location within the retail hierarchy: Town Centres: Burnley Padiham District Centres: Briercliffe Road Colne Road Accrington Road Coal Clough Lane Harle Syke Pike Hill Rosegrove Lyndhurst Road

Development within Burnley and Padiham Town Centres

1) The Council will seek to maintain and enhance the retail and service function of Burnley and Padiham Town Centres, the boundaries of which are defined on the Policies Map. Main Town Centre Uses which accord with other relevant policies elsewhere in the Plan will be supported in the following locations: a) Proposals for retail development (A1 Use Class) will be supported within the Primary Shopping Area for Burnley or within the Town Centre of Padiham. b) Proposals for comparison retailing (A1 Use Class) should normally be located within the Primary Shopping Area of Burnley or within the Town Centre of Padiham. c) Proposals for convenience retailing (A1 Use Class) will be supported within the Town Centres of Burnley and Padiham. d) Subject to the limits set out in Policy TC3, proposals for other retail uses (A2-A5) and other main town centre uses will be supported within the Town Centres of Burnley and Padiham. 2) Proposals for comparison retailing (A1 Use Class) that that do not comply with 1) b) due to a lack of suitable sites are required to be located in accordance with the following sequential test: Burnley: a) Edge of Centre locations (300m of the Primary Shopping Area); other Town Centre locations; edge of centre locations (300m of the Town Centre Boundary); out of Centre. Padiham: b) Edge of Centre locations (300m of the Town Centre Boundary); out of Centre. 3) Proposals for convenience and other retailing (A1 to A5 Use class) and other main town centre uses are required to be located in Town Centres. Where suitable sites are not available, these are required to be located in accordance with the following sequential test: Edge of Centre locations (300m of the Town Centre boundary); out of Centre. 4) When considering the sequential tests above, preference will be given to accessible sites that are well connected to the Primary Shopping Area /Town Centres. Applicants will be expected to demonstrate flexibility on issues such as format and scale. 5) Proposals for main town centre uses which do not comply with 1) a) to d) above, or are not specifically allocated for town centre uses, should be supported by an Impact Assessment addressing the following: a) The impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal; and b) The impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider area, up to five years from the time the application is made. For major schemes where the full impact will not be realised in five years, the impact should also be assessed up to ten years from the time the application is made. 6) The requirement for an Impact Assessment will apply to proposals of the following size/type: Retail: i) Burnley – 1,000 sq.m gross and above ii) Padiham – 500 sq.m gross and above Other Main Town Centre Uses: iii) 2,500 sq.m and above 7) Where an application fails to satisfy the sequential test or is likely to have significant adverse impact on one or more of the above factors set out in 5 a) and b), it will be refused. 8) Proposals for residential development, including new build, conversion or change of use on appropriate sites within the Town Centres will be considered favourably subject to meeting the other policy requirements of the Plan where: a) Within Burnley Primary Shopping Area and within Padiham Town Centre these are located on upper floors; b) In Burnley Town Centre outwith the Primary Shopping Area, they do not lead to a concentration of residential uses which undermines the overall mix of main town centres uses. c) The development does not prejudice the lawful operating conditions or viability of adjacent land uses.

Burnley Town Centre - Primary and Secondary Frontages

1) The Primary and Secondary Frontages within Burnley Town Centre are defined on the Policies Map. Primary Frontages 2) Proposals for changes of use, including through redevelopment, from retail (Class A1) to other uses at ground floor level will only be permitted where the proposal would not result in a concentration of non-A1 uses which would cumulatively (including any unimplemented planning permissions) amount to more than 20% of the length of the Primary Frontage within any one of the defined sections. Secondary Frontages 3) Proposals for changes of use, including through redevelopment, from retail [Class A1] to other uses at ground floor level will only be permitted where the proposal would not result in a concentration of non-A1 uses which would cumulatively (including any unimplemented planning permissions) amount to more than 40% of the length of the Secondary Frontage within any one of the defined sections.

Development Opportunities in Burnley Town Centre

1) Development opportunities within Burnley Town Centre have been identified. These are shown on the Policies Map. Within these sites planning permission will be granted for a range of town centre uses, either as stand-alone uses or as a mix of uses, as indicated below: Site Ref. | Site Name | Area (ha) | Acceptable Uses TC4/1 | Former Pioneer, Curzon Street | 1.65 | Mixed use development comprising or including A1 uses together with other A2, A3, A4, B1a, C1 or D2 uses. C3 and A5 uses would only be acceptable as an ancillary part of a mixed use scheme. TC4/2 & EMP1/8 | Thompson Centre | 0.68 | This site is located within Burnley Town Centre and would be suitable for a mix of B1(a), A2 and A3 uses. The site will be protected for B1(a), A2 and A3 uses (at ground floor) under Policy EMP2. See EMP1 for policy requirements.

Uses within the Weavers' Triangle

1) The Council will work to secure a vibrant and sustainable mix of uses within the Weavers' Triangle as defined on the Policies Map. 2) A mix of uses including residential and town centre uses (as defined in the NPPF) will be supported subject to applications for main town centre uses being accompanied by a planning statement setting out why the proposals should be seen as an exception to the sequential approach set out in Policy TC2 by virtue of: a) Their close association with the heritage of the Weavers' Triangle; or b) Their contribution to securing the viable future of a heritage asset. 3) Development must be of a type and scale that would not undermine the overall town centre first approach and in particular, the Primary Shopping Area. Proposals for retail development above the thresholds set out in Policy TC2 (6) will require an Impact Assessment as set out in Policy TC2 (5). 4) In all cases proposals will be expected to be consistent with relevant design and heritage policies.

District Centres

1) Within and adjacent to the District Centres as defined on the Policies Map, development for appropriate commercial and community uses will be considered acceptable in principle providing that it satisfies other policies elsewhere in the Plan, and: a) It is of an appropriate scale in relation to the centre; and c) It does not unreasonably harm the amenities of local or adjoining residents or users. 2) Development which involves the loss of existing commercial and community uses in District Centres will only be supported where: a) Redevelopment does not prejudice the lawful operating conditions or viability of adjacent land uses; and either: i) It would resolve an existing conflict with adjoining residents or users; or ii) It is demonstrated through comprehensive marketing of the premises/land for at least 12 months that the continued use of the premises/land for commercial use is not viable.

Hot Food Takeaways

Location 1) Proposals for hot food takeaways will only be permitted in the following areas: a) Within the areas of Secondary Frontage of Burnley Primary Shopping Area; b) Within Padiham Town Centre; or c) Within in a defined District Centre. 2) Outside of these areas hot food takeaways will normally only be permitted where the property does not physically adjoin residential properties or other sensitive uses outside of the applicant's control. 3) Proposals for hot food takeaways will only be permitted in the locations set out above where they satisfy other relevant policies of the Plan and the following criteria: Clustering a) The proposal will not create an unacceptable concentration of similar uses in Burnley Secondary Frontage or Padiham Town Centre; Amenity b) The proposal will not cause detriment to the free flow of traffic or residential amenity; Accessibility and Parking c) The location of the proposal is accessible by walking, cycling and public transport; d) They provide or are served by adequate parking spaces; Extraction of Odours e) They provide for appropriate extraction systems to effectively disperse odours. Such systems must: i) have minimal impact on visual amenity, including location and external finish; ii) be acoustically attenuated; and iii) not have an unacceptable impact on the amenity of neighbouring occupiers; Waste f) Their waste provision is appropriate to the scale and type of premises; and g) They provide appropriately sited bins for customers to use. Hours of opening h) When determining the appropriate hours of opening, regard will be had to: i) the likely impacts on residential amenity; ii) the existence of an established late night economy in the area; and iii) the character and function of the immediate area, including existing levels of background activity and noise. 4) Where appropriate, restrictions will be placed on opening hours through the use of planning conditions.

Former Pioneer, Curzon Street

Uses 1) A minimum of 1,500 sq.m (net) of A1 comparison floorspace must be included within the mix of uses. Quality and Design 2) The site is located on a Key Gateway into Burnley Town Centre. Development will be expected to reinforce the site's Key Gateway role. An opportunity exists to create a new townscape and a positive and appropriate relationship with surrounding buildings and spaces. A substantial building of high quality is envisaged to the north west corner of the site (a minimum of 3 storeys) addressing Active Way, with specific attention also given to the frontages to Active Way and Curzon Street to ensure an attractive and permeable edge to the town centre. 3) Key buildings should use a palette of materials which includes high quality locally distinctive materials in accordance with Policy SP5. High quality suitable and complementary contemporary materials and designs may also be acceptable. 4) The site is within an area at risk of flooding, the majority of it lying within Flood Zone 2. The layout and design of any development should take account of the recommendations of the Council's Strategic Flood Risk Assessment. Any development will need to be accompanied by a site specific Flood Risk Assessment in accordance with Policy CC4 and seek opportunities to reduce the overall level of flood risk in the area through the layout and form of the development and through the provision of an appropriate sustainable drainage scheme. 5) The site has local archaeological significance. A formal programme of archaeological investigation is required including trial trenching and recording of surviving elements on site. Further investigation or recording works may be necessary dependent upon the results of the trial works. Public Realm 6) Proposals should contribute to an improved public realm consistent with the Burnley Town Centre Public Realm Strategy SPD with clear, safe and convenient pedestrian linkages to the existing Primary Shopping Area. Bank House Street is setted and this surface could be incorporated into the new public realm scheme and the scheme should incorporate the River Brun as a feature. To reduce flood risk, improve the quality of the River Brun and enhance the amenity value it brings to the town centre public realm, the opening up of the culverted section of the river within the site should be explored, taking account of the Council's Strategic Flood Risk Assessment. Supporting Information 1) The River Brun crosses the site both as an open watercourse and in culvert. Proposals will need to take account of the easement requirements of the Environment Agency to provide unobstructed access to the open water course for inspection and maintenance.

Sustainable Travel

1) Development schemes should, as appropriate to their nature and scale: Promoting Sustainable Travel a) Be located in areas well-served by walking, cycling and public transport. Where this is not achievable and where schemes are otherwise acceptable, they will be expected to provide or contribute to providing such linkages before occupation of the site, or at an appropriate trigger point to be agreed, by assessing existing and predicted flows to and from the site and providing improvements that will encourage sustainable travel trips; b) Maximise opportunities for the use of sustainable modes of travel by adopting the following user hierarchy: i) pedestrians ii) cyclists iii) public transport iv) private vehicles; Safe and Convenient Access c) Provide for safe pedestrian, cycle and vehicular access to, from and within the development, including adequate visibility splays; d) Ensure convenient and inclusive accessibility to all sections of the community to, from and within developments for pedestrians, cyclists and public transport users; e) Ensure adequate access for emergency, service and refuse collection vehicles; f) For non-residential developments, secure adequate delivery, servicing and drop off facilities; g) Maintain the safe and efficient flow of traffic on the surrounding highway network; h) Ensure existing public rights of way are retained and where appropriate improved or rerouted; and Infrastructure i) Provide or contribute towards the provision or improvement of on or off-site infrastructure to ensure the development will not materially add to highway safety concerns or reduce the efficiency of the highway network.

Managing Transport and Travel Impacts

Transport Assessments and Transport Statements 1) Development proposals above the thresholds in Appendix 8 should be accompanied by a Transport Assessment or Statement indicating: a) The impact of the development on highway safety, air quality and noise; b) How this impact will be satisfactorily mitigated; and c) How the hierarchy of users (as set out in Policy IC1) have been taken into account and how links have been utilised to encourage connectivity within, from and to the site. Travel Plans 2) Development proposals above the thresholds set out in Appendix 8 should also be accompanied by either a Framework Travel Plan or a Full Travel Plan which encourages the use of public transport, cycling and walking. 3) The Council may also require a Transport Assessment and a Full Travel Plan for new developments that do not meet the thresholds set out in Appendix 8, where the Council considers that a development is likely to have a significant negative impact on the operation of transport infrastructure; or a cumulative impact from a number of developments in the vicinity, is expected.

Car Parking Standards

1) Adequate car parking should be provided for developments as appropriate to their nature and scale. When applying parking standards, the Council will consider the overall merits of the proposal and the following matters/objectives: a) The need to encourage the use of alternative means of travel to the private car; b) The availability of existing public parking provision or on-street parking nearby; c) Whether any under-provision might cause or exacerbate congestion, highway safety issues or on-street parking problems; and d) The need to provide increased housing quality and choice. Residential Development Standards 2) For residential schemes, development will be expected to provide a minimum number of parking spaces per new dwelling depending on their type and location. These minimum standards are set out in Appendix 9. Parking provision should not normally exceed the maximums set out. 3) Adequate provision for cycle parking will also be expected. Non-residential Standards 4) For commercial and other developments, car parking provision should be adequate to serve the needs of the development but should normally be in accordance with the standards set out in Appendix 9. In areas suffering from significant on-street parking problems, greater provision will be sought, or alternative measures to address potential issues will be required. 5) A minimum number of mobility parking spaces will also be expected as out in Appendix 9. 6) Provision for convenient and secure cycle and motorcycle parking will also be required in line with standards set out in Appendix 9. Design 7) In operating these parking standards, the following considerations will also apply: a) Off and on-street parking provision should be carefully designed, safe and appropriate for the streetscene. Car parking provision that would have a significant adverse impact upon the character of an area will be resisted; b) The Council will expect developers to have regard to the Manual for Streets when considering parking design; and all parking spaces, including garages, should be of an adequate size; and c) Layouts and designs should wherever practicable accommodate the need of disabled road users. ULEV Charging Points 8) Charging points for ultra-low emission vehicles should be provided in accordance with the standards set out in Appendix 9 where practical.