Former Allotments, Liverpool Road, Burnley, Lancashire, BB12 6JE

the development of 18 Houses and 10 Duplex Apartments (All Matters Reserved)

Authority: Burnley Borough Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Dean S

Main issues, as the Inspector framed them

Whether or not the proposal is appropriate for the site and its surroundings
Whether or not it would make appropriate contributions towards affordable housing, highways mitigation, open space and secondary school capacity

What decided it

The failure to provide an executed section 106 obligation securing policy-compliant affordable housing and contributions towards highways mitigation, open space and secondary school capacity, which the Inspector found could not be secured by condition or at reserved matters stage and were fundamental to the acceptability of the proposal.

The Inspector found that whilst the proposal could be appropriate for the site and its surroundings, the development plan conflict and harm arising from the failure to make appropriate contributions was significant and there were no material considerations which outweighed that conflict or harm.

Plan policies cited: Policy SP5, Policy HS3, Policy HS4, Policy NE1, Policy HS2, Policy IC4

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.