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180219 | Approved with conditions | PA17/11083 | Demolish all existing buildings forecourt structures inc removal of underground

 

 

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ
Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email: planning@cornwall.gov.uk
Tel: 0300 1234151
Web: www.cornwall.gov.uk
Application number: PA17/11083
Agent:
Allan B Matthews ARIBA
Allan B Matthews ARIBA
37 Fore Street
Bovey Tracey
Newton Abbot
TQ13 9AD
Applicant:
Jim Lye
Shell Oil Products
Rouke House
The Causeway
Staines
TW18 3BU
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 21 November 2017 and accompanying plan(s):
Description of Development: Demolish all existing buildings and forecourt structures inc
removal of underground fuel tanks and infrastructure.
Construct new sales building, forecourt canopy (car &
hgv), fuel dispensers, fenced external bin store, ad blue
tank, external plant, forecourt pavings. Install
underground fuel tanks, new fuel pipework inc vent stack
and replacement external floodlighting.
Location of Development: Shell Oil Uk Ltd
Garage
15 Carwin Rise
Loggans
Hayle
Cornwall

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/11083
YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
IDOX/ACFULZ
TR27 5DG
Parish: Hayle
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/11083
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ

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 2. Contaminated Land - Remediation Scheme
No development 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 precommencement 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 .

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/11083
YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
IDOX/ACFULZ

4 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.

5 3. Contaminated Land - Verification Report following Remediation Scheme
The approved remediation scheme referred to in condition No. 3 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.

6 The development hereby permitted shall not commence until such time as a
scheme to install the underground fuel storage tanks has been submitted to and

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/11083
YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
IDOX/ACFULZ

approved in writing by the Local Planning Authority (LPA). The scheme shall
include the full structural details of the installation, including details of,
excavation. the tanks, the tank surround, associated pipework and monitoring
system. The scheme shall be fully implemented and subsequently maintained in
accordance with the scheme, or any changes subsequently agreed in writing by
the LPA
Reason: To ensure that the underground tanks do not harm the water
environment in accordance with para 109 of the NPPF and policy 23 of the
Cornwall Local Plan. A pre-commencement condition is required in order that the
development does not pollute protected groundwaters.

7 The development hereby permitted shall not commence until the installation of a
system for the disposal of surface water on the site has been completed in
accordance with the details which shall first have been submitted to and
approved in writing by the Local Planning Authority. The details shall include a
programme for maintaining the system. The system shall be retained and
maintained thereafter in accordance with the approved details.
Reason: To avoid flooding and in the interests of water quality and the residential
amenities of future occupiers, in accordance with the aims and intentions of
paragraphs 17, 103 and 109 of the National Planning Policy Framework 2012. A
pre-commencement condition is required in order to ensuree that flood-risk is
not exaserbated by the development.

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/11083
DATED: 19 February 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Site/location Plan 11083/01 received 23/11/17
Proposed PLG/07 received 23/11/17
Proposed PLG/06 received 23/11/17
Proposed PLG-05 2017A received 23/11/17
Proposed PLG/04 Rev B received 01/12/17

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.
If this approval is for the erection of new buildings please refer to the note below.
Registering addresses for new properties prior to commencement
You must apply officially to register the name of any new street or the address of any new
property through Cornwall Council’s Street Naming and Numbering process. You are
required to submit an application form, plan and appropriate fee all details of which can be
found on our website at www.cornwall.gov.uk/degault.aspx?page=10863. For any further
assistance please contact addressmanagement@cornwall.gov.uk or telephone
0300 1234 100.

COND
Planning and Sustainable Development Service
Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
planning@cornwall.gov.uk
Your ref: Shell Hayle
My ref: PA17/11083
Allan B Matthews ARIBA
Allan B Matthews ARIBA
37 Fore Street
Bovey Tracey
Newton Abbot
TQ13 9AD
Date: 19 February 2018
Dear Sir/Madam

Demolish all existing buildings and forecourt structures inc removal of

underground fuel tanks and infrastructure. Construct new sales building,

forecourt canopy (car & hgv), fuel dispensers, fenced external bin store, ad

blue tank, external plant, forecourt pavings. Install underground fuel tanks,

new fuel pipework inc vent stack and replacement external floodlighting.

Shell Oil Uk Ltd Garage 15 Carwin Rise Loggans

With reference to this planning application, I enclose the 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://ecab.planningportal.co.uk/uploads/appPDF/P0810Form027_england_en.pdf . Your
attention is drawn to the fees to discharge planning conditions under The Town and Country
Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England)
Regulations 2012:
£116 (per request) for applications not falling within fee categories 6 or 7 (nonhouseholder applications)
£34 (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)
You may wish to take the opportunity to submit details to discharge more than one
condition per request.
Yours faithfully
Phil Brookes
Senior Development Officer
Planning and Sustainable Development Service
Tel: 01209 614029

 

via http://planning.cornwall.gov.uk/online-applications/files/4F0EEF5380E465...

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