Extract from Agenda Reports Pack (Public) 09/02/2011, 09:30 (Planning Officers Report to Strategic Planning Meeting of Cornwall Council Wednesday 9th February 2011)

STRATEGIC PLANNING COMMITTEE 9 FEBRUARY 2011
Application number: PA10/04297
Site address: Land at Marsh Lane, Hayle
Proposal:
Construction of supermarket, petrol filling station, car
parking, highway works, nature reserve and associated works
Parish: Hayle
Applicant: Sainsbury’s Supermarkets and Cranford Hayle Ltd
Target date for
decision:
25 October 2010
Reason for application
being called to
Committee:
Major application. Scale of site area exceeds commercial
development threshold of 10,000 square metres or two
hectares.
Departure: No
Electoral Division Hayle South
Electoral Divisional
Member
Councillor John Coombe
Recommendation Refusal

12. Conclusion

12.1 The proposed location is considered to fail the sequential test for new retail uses
especially as there are alternative edge of centre sites potentially available. The
scale of the supermarket is such that it is assessed as being likely to significantly
harm the vitality and viability of Hayle’s town centres. There are also concerns
raised regarding the increased traffic and the implications of this on the free flow
and safety of traffic using the highway network. These issues together with the
concerns expressed regarding flood risk and biodiversity as fully detailed in the
refusal reasons set out below weigh heavily against the proposed development to
an extent where it is considered to represent a significant conflict with planning
policy. Thus, in the absence of any significant material considerations which
would weigh in favour of the development, refusal is recommended.

Recommendation:

Refusal for the following reasons

1. The proposal is in an out of centre site as defined by Planning Policy Statement 4
– Planning for Sustainable Economic Growth (PPS4). There are sequentially
preferable sites in edge of centre locations which are potentially viable, suitable
and available for development of a supermarket. The proposal thus fails to
comply with the requirements of the sequential approach set out in PPS4 policy
EC15 and should be refused in accordance with policy EC17.1 (a) of PPS4. The
proposal also is contrary to Regional Planning Guidance South West policy EC6
which requires a sequential approach to location of retail development, Cornwall
Structure Plan policy 11 which prioritises regeneration of urban areas and town
centres and policy 14 which gives priority to the improvement and enhancement
of town centres and requires retail development to be in or adjoining town
centres where they can help sustain the centre’s viability and vitality, contribute
to the town centre environment in an accessible location. The proposal is
contrary to Penwith Local Plan policy TV16 which requires major retail
development in town centres or edge of centre sites where no town centre sites
exist. Policy TV16 does not permit out of centre development until all town
centre and edge of centre sites have been demonstrated to be unsuitable.

2. The scale of the proposed supermarket in terms of net floor trading area will
result in a significant diversion of trade from the Foundry and Copperhouse town
centres of Hayle with a consequential significant adverse impact on the viability
and vitality of the town centres. The advantage to local consumers of increased
choice and competition is not considered to outweigh the harmful impact of the
proposal on town centre vitality and viability. The proposed location is distant
from the town centres and will not encourage linked trips, especially those trips
made on foot or cycle when compared to edge of centre sites as such the
proposal will fail to support the existing town centres. Furthermore the proposed
location will encourage linked trips to the West Cornwall Retail Park further
discouraging linked trips with the town centres. The proposal should be refused
in accordance with policy EC17.1 (b) of Planning Policy Statement 4. The
proposal is contrary to Regional Planning Guidance policy EC6, Cornwall
Structure Plan policy 14 and Penwith Local Plan policies TV16 and TV17 which
protect the viability and vitality of Town Centres.

3. Whilst the proposal will result in a reduction in the length of trips made by Hayle
residents to undertake their main food shopping, the applicant has failed to
demonstrate that the proposal will not generate lengthy additional trips drawn
from new trade outside the primary catchment area. The stores location adjacent
to the West Cornwall Retail Park will increase the attractiveness of the site as a
retail destination in its own right that will increase the use of the local and
strategic road network to the detriment of the operation of those networks and
increase the use of private car borne transport contrary to the sustainability aims
set out in the Key Principle (ii) of Planning Policy Statement 1 – Delivering
Sustainable Development.

4. The proposed site fails the sequential test set out in Planning Policy Statement
25 – Development and Flood Risk which directs development towards areas of
least flood risk. The applicant has failed to demonstrate that the identified
alternative sites that present a lesser flood risk and are not suitable, available or
viable. The proposal thus fails to accord with the advice within Planning Policy
Statement 25 and is contrary to Regional Planning Guidance – South West policy
RE2, Cornwall Structure Plan policy 3 and Penwith Local plan policy CS4.

5. The proposal would be site within a County Wildlife Site and would have a
significant harmful impact on biodiversity conservation interests within the site.
The proposal thus conflicts with Planning Policy Statement 9 which seeks to
preserve biodiversity. The applicant has not robustly demonstrated that there are
no other sites of lesser biodiversity interest where location of a supermarket
would have less harm. As such the proposed compensation and mitigation
measures do not make the proposal acceptable. The proposal is thus contrary to
regional Planning Guidance – South West policy EN1 and Cornwall Structure Plan
policy 1 and 2 as well as conflicting with Penwith Local Plan policy CC8.

6. The proposal has failed to demonstrate that the supermarket development will
not harm the safe and efficient operation of the Strategic Road Network. Nor has
it been demonstrated that there would be no harmful effect on the capacity of
the double mini roundabout at Carwin Rise to the west of the Loggans Moor A30
roundabout. As such the proposal has not been robustly shown to maintain or
enhance the existing level of local and strategic road network highway safety for
all users or capacity to efficiently provide for the movement of vehicles. The
proposal is therefore contrary to Regional Planning Guidance policy VIS2,
Cornwall Structure Plan policies 27 and 28 and Penwith Local Plan policy GD2(v)
and advice within Planning Policy Guidance Note 13.

7. The proposal would result in the development of greenfield land on the edge of
the urban environment and constitutes an extension of the built form into the
countryside. The applicant has not robustly demonstrated that there are no
previously developed alternative sites in town available which would meet the
need for a supermarket. The proposal is thus contrary to Regional Planning
Guidance – South West policy Vis 2, Cornwall Structure Plan policy 3 and Penwith
Local Plan policy TV1 and fails to have sufficient regard to addressing Proposal
TV-D