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170725 | Decision Notice |PA17/05181 | Application for variation of conditions 8, 12 13 in respect of Decision Notice PA14/06591

Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email:  planning@cornwall.gov.uk
Tel:       0300 1234151
Web:    www.cornwall.gov.uk
    

Application number:  PA17/05181

Agent:
Mr T F Pickett
Penleigh
Penhallick
Coverack
Helston
Cornwall
TR12 6SG    

Applicant:
Mr M Bows
The White Hart Hotel
10 Foundry Square
Hayle
Cornwall
TR27 4HQ


Town And Country Planning Act 1990 (As Amended)
Town And Country Planning (Development Management Procedure) (England) Order 2015

Grant of Conditional 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 1 June 2017 and as shown on the plans attached to the original Decision Notice:

Description of Development:

    Application for variation of conditions 8, 12 and 13 in respect of Decision Notice PA14/06591 in order to allow a lawful commencement on site to take place

Location of Development:
    Midway Service Station
1 The Causeway
Hayle
Cornwall
TR27 6JF

Parish:    St. Erth


CONDITIONS:



 1    The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.
    
    Reason:  In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 2    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.

 3    All hard and soft landscape works detailed in the documents submitted to and approved by the local planning authority under the discharge of condition application PA13/09186  shall be carried out in full accordance with the approved details. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.
    
    Reason:  In the interests of visual and residential amenity and in accordance with policy 12 and 13 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 58 of the National Planning Policy Framework 2012.

 4    The development shall be completed in accordance with the details of external materials detailed in the documents submitted to and approved by the local planning authority under the discharge of condition application PA13/09186.
    
    Reason:   In the interests of visual amenity and in accordance with policy 12 and 13 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 58 of the National Planning Policy Framework 2012.

 5    The visitor centre, bird hide and viewing deck hereby permitted shall be open to the general public between the hours of 09:30 and 17:30 whenever the hotel is open for business and those areas shall be retained as a visitor centre, bird hide and public viewing area.
        
    Reason: To define the nature and extent of the permission.

 6    The development hereby permitted shall not be used or occupied until areas have been provided within the site for vehicles to be parked and to enable them to enter and leave the site in forward gear in accordance with details to be submitted to and approved in writing by the local planning authority before development begins. These areas shall not thereafter be obstructed or used for any purpose other than the parking and turning of vehicles.
        
    Reason: To ensure the provision of off-highway parking, in the interests of highway safety and in accordance with policy 27 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 32 of the National Planning Policy Framework 2012.

 7    The vehicular access shall be completed in accordance with the details shown on Drawing HK1242 AB03 Revision A dated 10.07.08.
    
    Reason: To ensure the formation of a safe access to the development, in the interests of highway safety and in accordance with policy 27 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 32 of the National Planning Policy Framework 2012.

 8    The details of the cycle storage facility submitted to and approved by the local planning authority under discharge of condition application PA13/09186 shall be implemented and the cycle storage facility shall be constructed in accordance with the approved details and provided prior to the first occupation of hotel and shall be retained thereafter.
    
    Reason: To ensure satisfactory facilities for the storage of cycles in accordance with policy 27 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 30 of the National Planning Policy Framework 2012.

 9    Before the development hereby permitted is occupied a Travel Plan shall be approved in writing by the Local Planning Authority in conjunction with the Local Highway Authority. The Travel Plan so approved shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.
        
    Reason: In order that the development promotes public transport, walking and cycling and limits the reliance on car based travel and in accordance with policy 27 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 30 of the National Planning Policy Framework 2012.

10    The bird hide shall be constructed in accordance with the details submitted under discharge of condition application PA13/09186 and as approved by the local planning authority and shall be provided before the hotel is first occupied and thereafter retained.
    
    Reason: In the interests of visual amenity and to define the nature and extent of the permission and in accordance with policy 12, 13 and 23 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraphs 58 and 118 of the National Planning Policy Framework 2012.

11    No development, other than the demolition of existing buildings and site clearance in preparation for the proposed works shall take place until details of the Ground and Surface Water Management Plan, which will cover the construction phase as well operation of the hotel, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.
        
    Reason: To protect adjacent controlled waters and to maximise opportunities for recycling/reuse of water and in accordance with policy 26 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraphs 120 and 121 of the National Planning Policy Framework 2012.

12    No development, other than the demolition of existing buildings and site clearance in preparation for the proposed works shall take place until an Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Ecological Management Plan shall detail measures to mitigate the impact of the development during construction and operation of the hotel on the adjacent SSSI and Nature Reserve such timing/phasing of construction, visual disturbance, lighting and operational noise. The Ecological Management Plan so approved shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.
        
    Reason: To protect the adjacent SSSI and Nature Reserve and in accordance with policy 23 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraphs 118 and 120 of the National Planning Policy Framework 2012.

13    No external lighting shall be installed at the site without the prior approval of the Local Planning Authority except for that specified in the Ecological Management Plan.
        
    Reason: To protect the adjacent SSSI and Nature Reserve and in accordance with policy 23 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraphs 118 and 125 of the National Planning Policy Framework 2012.

14    Before the development hereby permitted is occupied a Flood Plan shall be approved in writing by the Local Planning Authority. The Flood Plan, which will cover matters such as flood warning measures and evacuation procedures, shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.
        
    Reason: In order that staff, guests and visitors are made aware of the risks from flooding and appropriate measures put in place to mitigate the risk from flooding and in accordance with policy 26 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraph 103 of the National Plannign Policy Framework 2012.

15    No storage shall occur outside of the designated storage areas outlined in red on plan reference AL02 dated 30th July 2014.
    
    Reason: In the interests of visual amenity in accordance with policy 12 and 13 of the Cornwall Local Plan Strategic Policies 2010-2030 and paragraphs 17 and 58 of the National Planning Policy Framework 2012.

16    1. Contaminated Land - Risk Assessment
    
    No development, other than demolition of any buildings or structures, shall commence until an assessment of the risks posed by any contamination shall have been submitted to and approved in writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall include:
    
    a)    a survey of the extent, scale and nature of contamination;
    
    b)    the potential risks to:
    o    human health;
    o    property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;
    o    adjoining land;
    o    ground waters and surface waters;
    o    ecological systems; and
    o    archaeological sites and ancient monuments.
    
    Reason: To ensure that the health risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, 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 and Policy 16 of the Cornwall Local Plan Strategic Policies 2010 - 2030, Adopted November 2016. A pre-commencement condition is required in this case because it is essential to establish, before any works takes place, the nature and extent of any ground contamination in order to safeguard the health of workers taking part in the development of the site and to ensure the appropriate design and subsequent safe occupation of the development.

17    2. Contaminated Land - Remediation Scheme
    
    No development, other than demolition of any buildings or structures shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme shall have been submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use.
    
    Reason: To ensure that the health risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, 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 and Policy 16 of the Cornwall Local Plan Strategic Policies 2010 - 2030, Adopted November 2016. A pre-commencement condition is required in this case because it is essential to establish, before any works takes place, the nature and extent of any ground contamination in order to safeguard the health of workers taking part in the development of the site and to ensure the appropriate design and subsequent safe occupation of the development .

18    3. Contaminated Land - Verification Report following Remediation Scheme
    
    The approved remediation scheme referred to in condition No. 17 shall be carried out and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is occupied.
    
    Reason: To ensure that the health risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, 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 and Policy 16 of the Cornwall Local Plan Strategic Policies 2010 - 2030, Adopted November 2016.

19    4. Contaminated Land - Reporting of Unexpected Contamination
    
    Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported in writing immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued.
    
    Reason: To ensure that the health risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, 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 and Policy 16 of the Cornwall Local Plan Strategic Policies 2010 - 2030, Adopted November 2016.








PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Block Plan   received 01/06/17
Site/location Plan   received 01/06/17









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). 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 www.planningportal.co.uk/pcs  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.








Mr T F Pickett
Penleigh
Penhallick
Coverack
Helston
Cornwall
TR12 6SG    
Your ref:    

     My ref:    PA17/05181
     Date:    25 July 2017

Dear Sir/Madam

Application for variation of conditions 8, 12 and 13 in respect of Decision Notice PA14/06591 in order to allow a lawful commencement on site to take place
Midway Service Station 1 The Causeway Hayle Cornwall

With reference to this planning application, I enclose the Council’s decision notice granting permission..

If conditions have been included that must be complied with before the commencement of the development, e.g. “No development shall commence before …”, and this is not done, the development cannot be validly commenced even if it is within the time limit set by Condition.

If details are required I look forward to receiving them. Application forms can be found on http://www.planningportal.co.uk/uploads/appPDF/P0810Form027_england_en.p... . 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

Chloe Pitt

Senior Development Officer  
Planning and Sustainable Development Service
Tel:  01209 616995

COND    Planning and Sustainable Development Service
Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
planning@cornwall.gov.uk



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