Agenda and minutes

Apologies for Absence given by Councillor Scott Brerton, Councillor Noordad Aziz was present as Substitute.

A Declaration of Interest was given by Councillor Kathleen Pratt for Item 3a.

The Minutes of the last Planning Meeting held on the 19^th of February 2025 were submitted for approval as a correct record.

Recommended – That the minutes be received and approved as a correct record.

 The Minutes of the Planning Committee held on the 19^th of February 2025 were submitted for approval as a correct record.

Resolved – That the minutes be received and approved as a correct record.

The Head of Planning and Transportation submitted reports setting out recommended action on the following Planning Applications.

Full: Proposed Lighting Installation to an Existing Hard-Surfaced Sports Court/Pitch

Recommended - That the application be granted subject to the following conditions:

Conditions/Reasons:

1.    The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2.    The development shall be carried out in accordance with the following documents:

(a)  The planning application forms and location plan received by Hyndburn Borough Council on 27^th November 2024.

(b)  Submitted drawings, namely: Drawing(s) number:

BS 24-250/01 (Existing Site Plan);

BS 24-250/02 (Existing Plan);

BS 24-250/03 (Proposed Plan); and,

BS 24-250/04 (Proposed Site Plan), received by Hyndburn Borough Council on 27^th November 2024;

Lighting Design Project Number LD4708; Dated 18.12.2024 (Bell Lighting Ltd), received by Hyndburn Borough Council on 30^th December 2024.

Reason: For the avoidance of doubt and to enable Hyndburn Borough Council to control the development and to minimise its impact in accordance with policies Env6 and Env7 of the Hyndburn Core Strategy, DM26 and DM29 of the Hyndburn Development Management Development Plan Document of Hyndburn Borough Council.

3.    Notwithstanding the generality of Condition 2, any external source of lighting shall be effectively screened from the view of a driver on the adjoining public highway at all times of operation, in order to avoid glare, dazzle or distraction to passing motorists.

Reason: In the interests of highway safety, in accordance with Policy DM32 of the Hyndburn Development Management Development Plan Document of Hyndburn Borough Council.

4.    Unless otherwise approved in writing by the Local Planning Authority the floodlighting hereby granted shall only be illuminated between dusk and 22:00 on Mondays to Fridays; and, dusk to 17:00 on Saturdays, Sundays, and Bank Holidays.

Reason: In the interest of residential amenity in accordance with the provisions of Hyndburn Core Strategy Policy Env7 and Development Management Development Plan Document Policy DM29.

5.    No development shall take place, until a construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. It shall provide for:

                     I.        The parking of vehicles of site operatives and visitors

                    II.        The loading and unloading of plant and materials

                  III.        Details of working hours

                  IV.        Routing of delivery vehicles to/from site

Reason: In the interests of highway safety, in accordance with Policy DM32 of the Hyndburn Development Management Development Plan Document.

Councillors Kathleen Pratt and Noordad Aziz stepped down from this item and moved to the public gallery.

Mr Adam Birkett Head of Planning and Transportation informed the committee that this item had been deferred from the previous 19^th of February meeting pending a site visit which took place on the 5^th of March.

Mr Birkett presented the report to the committee. The application presented a Proposed Lighting Installation to an Existing Hard-Surfaced Sports Court/Pitch located at the Hollins, Hollins Lane, Accrington, BB5 2QY. The application proposed 6, 10 metre high lighting columns, with 14 lights in total. The 4 corner columns will each have 2 lights at the top, and the 2 central columns will each have 3 lights at the top. The lighting design was included with the report.

11 Objections have been received by neighbours.

No objections had been received by Lancashire County Council Highways or Hyndburn Borough Councils Environmental Health Team or the Ecology Advisor.

The application was recommended for approval subject to the conditions laid out in the report by officers.

Members of the committee discussed the importance of sporting facilities for all ages in promoting healthier lifestyles and group activities.

Discussions took place regarding the time the lights would be in use in accordance with other local sites and the neighbours’ concerns. The committee debated on how much impact reducing the hours of operation by an hour would have and the resulting consequences for the funding.

Resolved – Members voted to follow the officer recommendation and grant approval to the project subject to conditions as presented in the report.

N.B – 1. Stephen Lambert – Spoke against the application.

·         Emphasised that the neighbouring residents were not against the application but wanted amendments making to the time the lights will be lit.

·         States they are not against the development of the pitch but the impact of the lighting proposed would be the equivalent of having 167 candles on his windowsill when the current view is complete darkness.

·         Proposed lights only be in use 3 nights a week.

·         Asked the committee to amend the time the lights are lit to 8pm rather than 10pm.

·         Stated that the sun only sets after 9pm 3 months of the year so the remaining 9 months the lights will be in use. Not just in winter.

          2. Councillor David Heap – Spoke as a representative of the local residents.

·         Informed the committee since his election on the 6^th of February numerous residents have raised concerns about the project.

·         Highlighted that he can see both sides of the argument for and against and proposed that a compromise be made on both sides.

·         Asked the committee to consider changing the recommendation to end the lights at 9pm instead of 10pm on weekdays.

          3. Carmel Trickett – Spoke in Favour of the application.

·         Informed the committee she is the COO of LET Education Trust.

·         The Hollins is the only large school in the area without a sports hall which negatively impacts  ...  view the full minutes text for item 386.

Full: Planning Obligation Modifications: S106 Agreement Dated 23 June 2009 for

Planning Application 11/09/0487 (Varied by Application 11/21/0487) Under S106A of

the Town and Country Planning Act.

Recommended - That delegated authority be given to the Chief Planning and Transportation Officer to modify the wording of the s.106 Agreement dated 23 June 2009 accordingly.

Mr Adam Birkett Head of Planning and Transportation presented the report to the committee.

The application proposed a modification to an existing Section 106 (‘S106’) legal agreement under Section 106A of the Town and Country Planning Act 1990.

The existing agreement was dated the 23^rd of June 2009 and was between Hyndburn Borough Council and Peel Investments (UK) Limited.

The current agreement restricts the range of goods able to be sold on the site and its purpose was to protect the vitality and viability of the adjacent town centres of Blackburn and Accrington.

The application looks to vary the conditions for Unit 3 following a request from the retailer Farmfoods Ltd.

Mr Birkett informed the committee that similar amendments have already been made to other units on the site over the years and an independent Retail Consultant informed that this amendment would still allow vitality of the nearby town centres.

Officers recommend that the item be approved with delegated authority given to the Chief Planning and Transportation Officer to modify the wording of the S.106 agreement dated 23^rd of June 2009 accordingly.

Members discussed how important it is to have units filled on the retail park and agreed that the site has changed over time to meet the demands of consumers.

Resolved – The committee voted to follow officer the recommendation and give delegated authority to the Chief Planning and Transportation Officer to modify the wording of the S.106 legal agreement.

N.B. 1. – Rachel White – Representative of the applicant.

·         Thanked Mr Birkett for the presentation and asked the committee to consider the similar amendments made to other units on the site.