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160727 | PA14 02920-Outline Planning Permission-1665897

PA14_02920-Outline_Planning_Permission-1665897.rtf



Cornwall Council

Circuit House Pydar Street Truro Cornwall TR1 1EB

Email: planning@cornwall.gov.uk

Tel: 0300 1234151

Web: www.cornwall.gov.uk


 


Application number: PA14/02920


Agent: Amethyst

Mr Mark Scoot

Maypool House

Maypool

Brixham

TQ5 0ET


Applicant: Hayle Community Rugby Facilities Ltd

C/o Agent



Town And Country Planning Act 1990 (As Amended)

Town And Country Planning (Development Management Procedure) (England) Order 2015


Grant of Outline Planning Permission



CORNWALL COUNCIL, being the Local Planning Authority, HEREBY GRANTS CONDITIONAL PERMISSION, subject to the conditions set out on the attached schedule, for the development proposed in the following application received
on 28 March 2014 and accompanying plan(s):



Description of Development:


Outline application with some matters reserved for proposed development of up to 15,539 sq.m. (gross) retail development (A1/A3), associated infrastructure, access arrangements, servicing, parking and landscaping.


Location of Development:


Hayle Rugby Club

10 Marsh Lane

Hayle

Cornwall

TR27 5HX


Parish:

Hayle


CONDITIONS:



1 Details of the appearance, landscaping, layout and scale, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and in accordance with the requirements of Articles 1, 2 and 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.


2 An application for approval of reserved matters must be made no later than the expiration of 3 years from the date of this decision and the development hereby approved shall commence no later than 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and in accordance with the requirements of Articles 1, 2 and 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.


3 The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans Referred to in Consideration of this Application".

Reason: For the avoidance of doubt and in the interests of proper planning.


4 No development shall commence until the replacement rugby club has been completed and is available for use in accordance with planning permission PA10/08329. Written notice shall be given to the Local Planning Authority once the replacement facilities are available for use and before this development is commenced.

Reason: To ensure that there is no loss or break in the use of important community sports facilities in accordance with the aims and intentions of paragraph 74 of the National Planning Policy Framework 2012


5 No part of the development hereby approved shall be occupied or brought into use until the highway improvement works to the A30/Carwin Rise/Marsh Lane junction (the "Loggans Moor Roundabout") as shown on Hydrock drawing number 14165-T001 Revision D dated 07/01/2015, are complete and open to traffic.

Reason: In the interests of the safe and efficient operation of the strategic road network in accordance with the aims and intentions of paragraphs 32 and 35 of the National Planning Policy Framework 2012.


6 No part of the development hereby approved shall commence if any part of the development for which planning permission was granted pursuant to planning application reference no. PA16/03519 (Cranford Land) has commenced until the works to Loggans Road/Penmare Terrace/Guildford Road and Carwin Rise junction ("the Carwin Rise Double mini roundabout junction") as shown on Vectos drawing number W120664/A/16 dated 29.09.15 are complete and open to traffic.

Reason: In the interests of the safe and efficient operation of the strategic road network in accordance with the aims and intentions of paragraphs 32 and 35 of the National Planning Policy Framework 2012.


7 No development shall commence until detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the Highway Authority) relating to line, level and layout of the access road junction on Marsh Lane and its means of construction and surface water drainage and other minor works on the Local Highway network, including the provision of advanced variable message signs with up to date details of car park spaces. The approved works shall be laid out and constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highways Act 1980 prior to the first occupation of any part of the development.

Reason: In the interests of maintaining a safe and efficient highway network and in accordance with the aims and intentions of paragraphs 32 and 35 of the National Planning Policy Framework 2012. Details are required to ensure that required works are consistent with the other elements of the scheme such as drainage.


8 No development shall take place until a detailed Travel Plan has been submitted to and approved in writing by the Local Planning Authority in line with Cornwall Council guidance: 'Travel Plans - Advice for Developers in Cornwall'. No part of the new development shall be occupied prior to implementation of those parts identified in the Approved Travel Plan as capable of being implemented prior to occupation. Those parts of the Approved Travel Plan that are identified therein as capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented in accordance with the approved details as long as any part of the development is occupied.

Reason: In order that the development promotes sustainable transport modes in accordance with the aims and intentions of paragraphs 35 and 36 of the National Planning Policy Framework 2012. To ensure that the approved measures are implemented at the appropriate time to maximise the reduction on the reliance of the private car.


9 No development shall take place until a Construction Traffic Management Plan and programme of works has been submitted to and approved in writing by the Local Planning Authority. The approved Plan shall be adhered to throughout the construction period.

The Plan shall provide for:

i) construction vehicle details (number, size and type);

ii) vehicular routes and delivery hours;

iii) the parking of vehicles of site operatives and visitors

iv) loading and unloading of plant and materials

v) storage of plant and materials used in constructing of the development;

vi) wheel washing facilities and

vii) measures to control the emission of dust and dirt during construction.

Reason: In the interests of maintaining a safe and efficient highway network and in accordance with the aims and intentions of paragraphs 32 and 35 of the National Planning Policy Framework 2012. To ensure that all the impacts of the construction are appropriately mitigated.


10 Prior to the commencement of development the details of a scheme for the provision of sustainable surface water management shall be submitted to and approved in writing by the LPA. The details shall include:

o assessment of the potential for disposing of surface water by infiltration, including ground investigations

o details of the drainage during the construction phase

o a timetable of construction

o a construction quality control procedure

o details of the final drainage scheme

o Investigation of the off-site drainage connection along the western boundary to final point of discharge to a watercourse

o provision for overland flow routes

o a plan for the future maintenance and management of the system

Prior to operation of the site it shall be demonstrated to the satisfaction of the Local Planning Authority that relevant parts of the scheme have been completed in accordance with the details agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.

Reason: To prevent the increased risk of flooding and minimise the risk of pollution of surface water by ensuring the provision of a satisfactory means of surface water control and disposal during and after the construction of the development in accordance with the aims and intentions of the National Planning Policy Framework 2012 with specific reference to paragraphs 100 and 103.


11 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To protect controlled waters from land contamination and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the aims and intentions of the National Planning Policy Framework 2012 with specific reference to paragraphs 109 and 120.


12 The net retail sales floor area of the permitted development shall not exceed 10,211m². For avoidance of doubt net retail sales area means all areas of the stores to which the public has access but excludes the lobby area, tills, areas behind counters, restaurant (where applicable) and toilets. The number of retail units and the maximum Ground Floor Gross Internal Area of each retail unit shall be as shown on drawing no 1879.001 Rev D dated 28.02.14 . There shall be no subdivision or agglomeration of any unit(s).

Reason: To enable the Local Planning Authority to retain control over other uses that might harm the vitality and viability of the town centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth and Truro in accordance with the aims at paragraph 23 of the National Planning Policy Framework.


13 Units 1, 2, 8 and 9 within the development as shown on Drawing 1879.001 Rev D dated 28.02.14 shall be used for A3 use only and for no other purpose within Class A of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification). The net retail sales area of each unit shall be no less than 202 sq m and no more than 279 sq m.

Reason: To enable the Local Planning Authority to retain control over other uses that might harm the vitality and viability of the town centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth and Truro in accordance with the aims at paragraph 23 of the National Planning Policy Framework.


14 Units 3, 5, 6, 7, 10 and 11 within the development as shown on Drawing 1879.001 Rev D dated 28.02.14 shall be used for A1 non-food use within Class A1 (within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987) provided that not less than 65% of the net retail sales floor space in each Unit is to be used for the sale of Fashion Goods.

"Fashion Goods" to include (without limitation):

a. Ladies', gentlemen's and children's clothing/apparel/outfitting;

b. Shoes;

c. Sportswear/clothing and sports products;

d. Camping products and clothing;

e. Outdoor activity (including hiking and climbing) clothing and products;

f. Handbags and baggage;

g. Jewellery and accessories;

h. Leather goods;

i. Leisure wear;

j. Giftware;

k. Cosmetics;

l. Health & Beauty products;

m. Perfume;

n. Lingerie & nightwear;

o. Babywear and products;

Reason: To enable the Local Planning Authority to retain control over other uses that might harm the vitality and viability of the town centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth and Truro in accordance with the aims at paragraph 23 of the National Planning Policy Framework.


15 Unit 4 within the development as shown on Drawing 1879.001 Rev D dated 28.02.14 shall be used for A1 non-food use (within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification). The maximum gross internal floor area, which shall include any mezzanine floor, shall not exceed 1154 sq m.

Reason: To enable the Local Planning Authority to retain control over other uses that might harm the vitality and viability of the town centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth and Truro in accordance with the aims at paragraph 23 of the National Planning Policy Framework.


16 Unit 12 within the development as shown on Drawing 1879.001 Rev D dated 28.02.14 shall be used for A1 non-food use (within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification) with ancillary restaurant use also permitted provided that not less than 65% of the net retail sales floor space in each Unit is to be used for the sale of Fashion Goods. There is to be no sub division of the unit and the minimum net sales area is to be no less than 3,500 sq m.

"Fashion Goods" to include (without limitation):

a. Ladies', gentlemen's and children's clothing/apparel/outfitting;

b. Shoes;

c. Sportswear/clothing and sports products;

d. Camping products and clothing;

e. Outdoor activity (including hiking and climbing) clothing and products;

f. Handbags and baggage;

g. Jewellery and accessories;

h. Leather goods;

i. Leisure wear;

j. Giftware;

k. Cosmetics;

l. Health & Beauty products;

m. Perfume;

n. Lingerie & nightwear;

o. Babywear and products.

Reason: To enable the Local Planning Authority to retain control over other uses that might harm the amenities of the area in accordance with paragraph 123 of the National Planning Policy Framework 2012 and to ensure that permitted changes do not harm the vitality and viability of the town centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth and Truro in accordance with the aims at paragraph 23 of the National Planning Policy Framework.


17 A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions, and:

1. The programme and methodology of site investigation and recording,

2. The programme for post investigation assessment,

3. Provision to be made for analysis of the site investigation and recording,

4. Provision to be made for publication and dissemination of the analysis and records of the site investigation,

5. Provision to be made for archive deposition of the analysis and records of the site investigation,

6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation;

B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A);

C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive depsition has been secured.

D) The archaeological recording condition will normally only be discharged when all elements of the WSI including on site works, analysis, report, publication (where applicable) and archive work has been completed.

Reason: To ensure that adequate provision is made to record any features of archaeology that may be revealed during the course of preliminary investigations and survey work. This is in accordance with the requirements of NPPF Section 12, paragraph 141.


PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:


Proposed 14165-SKC001 received 15/07/15

Illustrative Purposes only 1879.001 D received 19/05/15

Proposed 14165-T002 A received 28/10/15

Proposed 14165-T001 C received 28/10/15

Site/location Plan SJS-MEM-RLP-001 A received 31/03/14

Existing 14/0292001 received 31/03/14

Illustrative Purposes only 1879.004 A received 31/03/14

Illustrative Purposes only 1879.003 A received 31/03/14


ANY ADDITIONAL INFORMATION:

 

This permission is granted following the Planning Obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) entered into between Cornwall Council and Hayle Rugby Football Club and dated the 27 of July 2016.


Condition 6, relating to the provision of the Carwin Rise junction, would only apply if and when development on the Cranford site is granted planning permission and is commenced before this development.


In dealing with this application, the local planning authority have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application, on this occasion this has included :


Discussions/negotiations ongoing with LPA throughout determination of planning application

Dedicated phone number of the case officer for the Applicant/Agent

Close liaison with the Town and Parish Councils in accordance with the protocol.



NOTES


Appeals to the Secretary of State

If the applicant is aggrieved by the decision of the local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then they may appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If you want to appeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the date of this notice in the case of householder appeals made in relation to applications submitted on or after 6 April 2009). www.planningportal.gov.uk/pcs Appeals must be made to the Planning Inspectorate using a form which can be obtained from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at A copy of the completed appeal form must also be submitted to the Council.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.


In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.


Purchase Notices

If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.


In these circumstances, the owner may serve a purchase notice on Cornwall Council. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.


If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice.








Amethyst

Mr Mark Scoot

Maypool House

Maypool

Brixham

TQ5 0ET



Your ref:


Hayle-Outline


My ref:

PA14/02920


Date:

27 July 2016


Dear Sir/Madam


Outline application with some matters reserved for proposed development of up to 15,539 sq.m. (gross) retail development (A1/A3), associated infrastructure, access arrangements, servicing, parking and landscaping.

Hayle Rugby Club 10 Marsh Lane Hayle Cornwall


With reference to this planning application, I enclose the Decision Notice granting permission.


This consent is subject to conditions that must be complied with. In particular, certain details must be approved by the Council before this development can start. If this is not done, the development cannot validly be commenced, even if it is within the time limit set by Condition 1.


If details are required I look forward to receiving them. Application forms can be found on http://www.planningportal.gov.uk/uploads/appPDF/P0810Form027_england_en.pdf . Your attention is drawn to the recent change of fees to discharge planning conditions under The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012:

£97 (per request) for applications not falling within fee categories 6 or 7 (non-householder applications)

£28 (per request) where the request relates to an application for works to an existing dwelling, or within the curtilage of such, falling within fee categories 6 or 7 (householder applications only)

No fee – for applications to discharge conditions relating to a Listed Building Consent.


You may wish to take the opportunity to submit details to discharge more than one condition per request.


Yours faithfully


Peter Bainbridge


Principal Development Officer

Planning and Enterprise Service

Tel: 01209 614070




COND

Planning and Enterprise Service

Cornwall Council

Circuit House Pydar Street Truro Cornwall TR1 1EB

planning@cornwall.gov.uk














YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.







DATED: 27 July 2016

Phil Mason

Head of Planning and Enterprise


IDOX/ACFULZ

 

 

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PA14_02920-Site_Access-3146261.14165 Detail
PA14_02920-Loggans_Roundabout_Works-2814638.14165 Detail

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