5.7.1 The timely provision of new and improved infrastructure is vital to secure growth within Burnley. The Local Plan needs to ensure that the infrastructure, community facilities and services that are required to support the development set out can be delivered and done so in a manner that ensures the quality of the environment is protected.
5.7.2 A core principle of the NPPF is to proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs and respond positively to wider opportunities for growth.
Travel and Transport
5.7.3 Transport provision and infrastructure across the borough is currently coordinated by Lancashire County Council as the local transport and highway authority. The County Council developed the Local Transport Plan (LTP)128 which the Local Plan must have regard to. As part of the LTP, the East Lancashire Highways and Transport Masterplan was adopted by the County Council in February 2014. The Masterplan sets out how the area’s roads, rail and cycle networks could be transformed in the future, by improving connections to neighbouring areas and travel opportunities within East Lancashire and its communities.
5.7.4 The East Lancashire Highways and Transport Masterplan identified a number of opportunities to enable East Lancashire as a whole to improve transport infrastructure and connectivity to the rest of Lancashire and adjoining city regions of Leeds and Manchester. The main opportunity identified in the Masterplan which directly relates to the borough is the development of the Hyndburn-Burnley-Pendle Growth Corridor strategy. This strategy has identified a number of proposals to provide additional capacity on the highway network and reduce congestion.
5.7.5 The following schemes identified in the Hyndburn-Burnley-Pendle Growth Corridor strategy and funded through the Lancashire Enterprise Partnership’s Growth Deal, Lancashire County Council and Burnley Borough Council are programmed for delivery by March 2018 and March 2021:
Sustainable Travel and Development
5.7.6 The transport requirements and impacts of new development are key planning issues which need to be fully assessed in order to ensure that development proposals are deliverable, safe, well connected and respect environmental quality and residential amenity. The NPPF supports the need to avoid adverse impacts through development and to mitigate them where they may occur. The Council has a duty to have regard to the objectives of preventing major accidents.
5.7.7 The planning and design process should ensure vehicular and pedestrian access to developments is safe and convenient, and that the needs of all users are taken into account. This should include provision of safe routes for walking, safe routes and facilities for cycling (including secure cycle parking), and where appropriate public transport links or measures such as sustainable travel vouchers in order to encourage sustainable forms of movement as an alternative to the private car.
Policy IC1: Sustainable Travel
1) Development schemes should, as appropriate to their nature and scale: Promoting Sustainable Travel
Safe and Convenient Access
Infrastructure
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Transport Assessments and Travel Plans
5.7.8 All development introduces a level of change to the surrounding environment and new development will need to be integrated into the local transport network so that the borough will be able to satisfactorily accommodate growth. In line with the development strategy set out in Policy SP4 and the requirements of Policy IC1, proposals which would generate a high number of trips or visits, or generate significant traffic movements on the local highway network should be located in sustainable locations which can be accessed through a variety of transport modes.
5.7.9 Paragraphs 32 and 36 of the NPPF state that all developments that generate significant amounts of transport movement should be supported by a Transport Assessment or Transport Statement and a Travel Plan. The requirements for these will be dependent on the size, nature, scale, location and potential impact of the development in question.
Transport Assessment: | A comprehensive process which sets out transport issues relating to a proposed development. |
Transport Statement: | A simplified version of a Transport Assessment |
Travel Plan: | A long term management strategy for a site/organisation which seeks to deliver sustainable transport through action such as promoting walking and cycling. |
5.7.10 The thresholds for the requirements for Transport Assessments/Statements and Travel Plans are set out in Appendix 8.
Policy IC2: 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:
Travel Plans 2) Development proposals above the thresholds set out in Appendix 8 should also be accompanied by either a Framework Travel Plan130 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
5.7.11 National policy makes clear that parking standards should be determined at the local level in response to local circumstances. The Council has established parking standards for the borough to ensure adequate parking is provided to serve developments, increase housing quality and choice whilst still encouraging more sustainable forms of transport and the efficient use of land. Specific standards are proposed for commercial and other developments, whilst minimums and maximums are proposed for residential developments.
5.7.12 The Council will support and promote the provision of charging points for ultra-low emission vehicles in accordance with Policy NE5: Environmental Protection and the requirements of Policy IC3 below as set out in Appendix 9.
Policy IC3: 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:
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:
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. |
Infrastructure and Planning Contributions
5.7.13 New development can place a strain on existing infrastructure, but it also has the potential to provide or help provide new infrastructure, or to improve existing infrastructure and services.
5.7.14 Infrastructure can be provided directly by developers; or planning contributions can be used to deliver on or off-site infrastructure to address or mitigate the impacts of developments. Where appropriate i.e. where it is necessary to make the development acceptable in planning terms, developers will be required to provide the necessary infrastructure or contribute to its provision through Section 106 contributions and/or the Community Infrastructure Levy (CIL) should the Council introduce it.
5.7.15 The known infrastructure requirements to support the specific allocations in the Plan are identified within the individual site allocation policies. Revised infrastructure requirements may result as the detail of schemes is developed and/or over time; and for windfall development proposals, the infrastructure requirements and any contributions required will need to be assessed as schemes are drawn up.
5.7.16 An Infrastructure Delivery Plan (IDP) has been prepared to support the Local Plan. The IDP reviews and evaluates the social, environmental and economic infrastructure that will be required to support the development and growth set out in the plan. This IDP is a ‘living document’ which will be updated from time to time.
5.7.17 A Development Contributions Supplementary Planning Document (SPD) will be prepared to explain how contributions from developments will be calculated.
Policy IC4: 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.132 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:
6) Appropriate matters to be funded by planning contributions include, but are not limited to:
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. |
Social and Community Infrastructure
5.7.18 The NPPF (paragraph 70) requires local planning authorities to ensure an integrated approach to considering the location of community facilities and services. Local planning authorities are required to work with other authorities and providers to assess the quality and capacity of infrastructure for health, social care and education and its ability to meet forecast demands.
5.7.19 Some social and community facilities are essential, whilst others play an important role in stimulating a sense of community and improving quality of life. For the purposes of the Local Plan, social and community uses are defined as public, private or community facilities including: community/meeting halls and rooms; health facilities; libraries; places of worship; bespoke premises for the voluntary sector; schools and other educational establishments; theatres, art galleries, museums, sport and leisure facilities; parks and other publicly accessible open spaces, public houses, cemeteries and youth facilities.
5.7.20 Where new social and community infrastructure is known to be required and there is sufficient certainty that it can be delivered over the Plan period, sites will be allocated so as to safeguard them for its provision. This is the case with an extension to Burnley and Padiham Cemeteries.
5.7.21 The Council also acknowledges that there are social and community uses which are considered valuable, such as post offices and pharmacies, where change to another use in the same ‘Use Class’ such as a shop does not require planning consent. The Council cannot therefore control these uses through its planning powers.
5.7.22 There are other cases where, despite a facility being important to the community, it can cease operating due to it being unprofitable or through a loss of public or charitable funding. Whilst the Council can require the re-provision of some lost facilities through development schemes, it can only prevent their permanent loss through changes of use where planning consent is required and in limited circumstances. Communities can seek to have such facilities listed as Assets of Community Value outside of the planning process.133
5.7.23 Where important social or community infrastructure for which there is a continued or likely future need would otherwise be lost through a development scheme, the Council will normally require an alternative comparable or improved provision on site or in the local area.
5.7.24 Specific national policy requirements exist in respect of the loss of playing fields and sports pitches.134 The Council jointly produced a Playing Pitch Strategy with Pendle and Rossendale Borough Councils to provide a strategic framework for the provision, management and development of playing pitches and ancillary facilities between 2016 and 2026.135 This strategy, will inform any specific requirements for improved or replacement provision. Similarly the Council’s Green Spaces Strategy 2015 will inform decisions on requirements for the retention, improvement or replacement of publicly accessible green space. (Certain open spaces are protected in situ from incompatible development under Policy NE2.)
5.7.25 Where new or improved social or community infrastructure is deemed necessary to support a development, and where this by reason of its nature or scale cannot be provided for on site or on other land controlled by the developer (e.g. it is a larger facility which serves a wider population), the Council will expect contributions to secure the provision or improvement of a facility off-site. Where the necessary infrastructure cannot be provided, planning applications will be refused.
Policy IC5: Protection and Provision of Social and Community Infrastructure
1) The Council will, where possible and appropriate:
Cemetery Extension Provision 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
5.7.26 The NPPF states that advanced, high quality communications infrastructure is essential for sustainable economic growth and that development of high speed broadband technology and other communications networks also plays a vital role in enhancing the provision of local community facilities and services. It states that in preparing Local Plans, local planning authorities should support the expansion of electronic communications networks, including telecommunications and high speed broadband.
5.7.27 It goes on to state that the aim should be to keep the numbers of radio and telecommunications masts and the sites for such installations to a minimum consistent with the efficient operation of the network. Existing masts, buildings and other structures should be used, unless the need for a new site has been justified. Where new sites are required, equipment should be sympathetically designed and camouflaged where appropriate.
5.7.28 The Council supports the provision of efficient and reliable telecommunication networks across the borough, including advanced fourth generation (4G) services. However, the provision of new infrastructure, including masts and road side cabinets and domestic apparatus such as satellite dishes, has the potential to contribute to street clutter and impact on visual amenity. New equipment should only be considered after exploring all opportunities for the use of existing infrastructure and where this is not possible, suitably siting apparatus and associated structures on existing sites, buildings, masts or other structures. All new or modified equipment should minimise size and scale and take opportunities for camouflage and should address other policies elsewhere in the Plan e.g. policies for the natural, built and historical environment.
5.7.29 Many small scale telecommunication developments do not require planning permission. Others, including smaller masts, are also permitted subject to ‘prior approval’ of their siting and appearance. In accordance with paragraph 45 of the NPPF, applications for telecommunications development (including for prior approval under Part 24 of the General Permitted Development Order) should be supported by the necessary evidence to justify the proposed development.
5.7.30 The NPPF states Local planning authorities must determine applications on planning grounds. They should not seek to prevent competition between different operators, question the need for the telecommunications system, or determine health safeguards if the proposal meets International Commission guidelines for public exposure.
Policy IC6: 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:
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. |
Taxi Booking Offices
5.7.31 Taxis and private hire vehicles have an important role to play, for example, for the completion of train journeys, late night travel and the transport of bulky purchases for those without access to a car. However, they can give rise to problems such as the over-concentration of taxi booking offices in some locations. Whilst taxi booking offices in central locations benefit from passing trade, particularly at night, they may attract little usage during the day and create dead frontages. In addition, they may give rise to parking problems.
5.7.32 Whilst there has been demand for a small number of new booking offices within the town centre, there has also been a new demand for edge and out of centre locations. Out of centre booking offices may have more space for parking and so may have a lesser impact on amenity, but if they are located on industrial estates they can take up valuable and limited space for key employment uses. They would not normally be suitable in residential areas.
5.7.33 New taxi booking offices should normally be located within Burnley Town Centre within its Secondary Shopping Frontage as defined on the Policies Map. If no appropriate sites can be found within the Secondary Shopping Frontage, other sites can be considered e.g. in the wider Town Centre of Burnley outwith the Primary Shopping Area or within Padiham Town Centre. Where this is the case, the applicant will be required to show why the site being proposed is suitable and how the development accords with other policies in the Plan.
5.7.34 The Council’s planning service works closely with its licensing service to ensure that suitable planning conditions are attached to planning permissions and monitoring of enforcement issues is tackled across departments.
5.7.35 Policy IC7 applies only to taxi booking offices of a Sui-Generis Use Class and not taxi booking call centres (B1a Use Class).
Policy IC7: 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:
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. |
128 A plan which set out the objectives and plans for developing transport in an area.
129 Microprocessor Optimised Vehicle Actuation (MOVA)
130 A Framework Travel Plan is submitted when the end occupiers of the development are unknown and is prepared in anticipation of a Full Travel Plan
131 https://www.gov.uk/government/publications/manual-for-streets https://www.gov.uk/government/publications/manual-for-streets-2
132 Under current legislation there are restrictions on the number of Section 106 contributions that can be pooled towards the cost of a piece of infrastructure
133 www.burnley.gov.uk/residents/planning/community-right-bid-assets-community-value
134 Planning Policy Statement – A Sporting Future for the Playing Fields of England. Sport England 2016 now replaced with ‘Playing Fields and Guidance’ March 2018
135 www.burnley.gov.uk/residents/parks-open-spaces/playing-pitch-strategy-2016-2026
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