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Approved with conditions | PA17/00288 | Application for removal of condition 2 in respect of Decision Notice PA15/01953 - 12 Bac

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 9 March 2017
Phil Mason
Service Director Planning and
Sustainable Development
IDOX/ACFDZ
Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email: planning@cornwall.gov.uk
Tel: 0300 1234151
Web: www.cornwall.gov.uk
Application number: PA17/00288

Agent:
M And A Associates M And A Associates
20 Pilgrims Way
Fraddam
Hayle
TR27 6EJ

Applicant:
Messrs Davies And Palmer
7 Henver Gradens
Reawla
Hayle
Cornwall
TR27 5LN


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 12 January 2017 and as shown on the plans attached to the original Decision Notice:
Description of Development: Application for variation of condition 2 (plans) in respect
of Decision Notice PA15/01953
Location of Development: 12 Back Lane
Angarrack
Cornwall
Parish: Hayle
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA17/00288
DATED: 9 March 2017
Phil Mason
Service Director Planning and
Sustainable Development
IDOX/ACFDZ


CONDITIONS:
1 The development hereby permitted shall be begun before the expiration of 3
years from the date of the permission allowed at appeal
(ref:APP/D0840/W/15/3121461) that being 9th February 2016
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 Prior to the first occupation of the development hereby approved parking and
turning areas shall be provided in accordance with the detailed scheme
submitted to and approved in writing by the local planning authority under
planning approval reference PA17/01125. The parking and turning areas shall not
thereafter be obstructed or used for any other purpose.
Reason : To provide adequate parking in accordance with policies 13 and 27 of
the Cornwall Local Plan and with paragraph 32 of the NPPF.

4 No land below 16.3m AOD to the south-west of the approved dwellings shall be
raised and the site landscaping scheme shall be carried out in accordance with
the details submitted and approved under planning approval reference
PA17/01125) and shall not thereafter be altered or removed, other than by
necessary maintenance.
Reason : In accordance with policy 12 of the Cornwall Local Plan and with
paragraph 17 of the NPPF.

5 Prior to the first occupation of the development hereby approved a plan
indicating the positions, design, materials, height and type of boundary
treatment to be erected shall be submitted to and approved in writing by the
local planning authority. Boundary features in the rear garden within 10m of the
south west boundary of the plot shall be of open design to allow free passage of
flood waters. The boundary treatment shall be completed before the buildings
are occupied. Development shall be carried out in accordance with the approved
details and shall not thereafter be altered or removed, other than by necessary
replacement.
Reason: In accordance with policy 12 of the Cornwall Local Plan and paragraph
17 of the NPPF.

6 Before the development hereby approved is commenced, details of a scheme for
the management of the site's surface water shall be submitted to an approved in
writing by the local planning authority. The details shall include as a minimum:
(i) Details of the final drainage scheme, including pathways and flow routes for
excess surface water during extreme weather;
(ii) A construction quality control procedure;
(iii) A plan for the future maintenance of the system and of any overland flow
routes.
The scheme shall be completed in accordance with the agreed details prior to
first occupation. The scheme shall thereafter be maintained in accordance with
the approved details.
Reason: In accordance with policy 26 of the Cornwall Local Plan and with
paragraphs 100 and 103 of the NPPF.


7 The development hereby approved shall be carried out in accordance with the
Construction Method Statement that has been submitted to and approved in
writing by the local planning authority under planning approval reference
PA17/01125. The approved statement shall be adhered to throughout the
construction period.
Reason: In accordance with policies 13 and 27 of the Cornwall Local Plan and
with paragraph 32 of the NPPF


PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Proposed 553/1 received 12/01/17
Proposed 553/2 received 12/01/17


ANY ADDITIONAL INFORMATION:
The access to the site is off a designate public right of way. The applicatnt is
advised that in accordance with the Highways Act 1980:
*No building materials must be stored on the right of way
*Vehicle movements must be arranged so as not to interfere with the public use
of the way
*The applicant should ensure they have private access rights to drive motor
vehicles on Public Footpaths, Public Bridleways and Restricted Byways where there
is presently no recorded public vehicular right of way
*The safety of members of the public using the right of way must be ensured at
all times
*No additional barriers (e.g. gates) are to be placed across the right of way
*There must be no reduction of the available width of the right of way for use by
members of the public
* No damage or alteration must be caused to the surface of the right of way
*Wildlife mitigation fencing must not be placed across the right of way.

If the Council's policies and guidelines are not heeded we will take such action as
may be necessary including direct enforcement action and prosecution. The
Council has a statutory duty to ensure Public Rights of Way (PROW) are open at
all times and members of the public are not inconvenienced in their use of PROW
where development work has taken place.

It is noted that access to the site during construction works and after the
completion of the permitted development is by means of a Public Path (Footpath,
Bridleway or Restricted Byway). The applicant must ensure that they have a right
to drive a private motor propelled vehicle (MPV) over any path, track or way that
supports a Public Path. A person that drives an MPV along a path, track or way
that supports a Public Path without lawful authority may commit an offence under
the Road Traffic Act 1984 Section 31. Lawful authority can only be granted by the
owner of the land. In addition it is not uncommon for occupiers of properties
where access is by means of a path, track or way that supports a Public Path to
desire to improve the surface of that way so as to facilitate use by Motor Vehicles.
Such works may not require to be authorized by the grant of planning consent,
but occupiers will also need to ensure that they have the consent of the owner of
the land for the works. Occupiers are also required to obtain the consent of the
Council as highway authority for any work that they undertake which affects the
surface of the path, track or way. This include work that disturbs the existing
surface as well as work to improve a path, track or way by means of placing new
material on top of the existing surface.


Cornwall Council as highway authority reminds the applicant that Planning
Consent for the development hereby permitted has been granted on the basis of
the submitted plans that are referred to above in this Notice. It is considered that
these submitted drawings indicate that the construction of the permitted
development should not have any injurious impact upon the adjacent right of way
provided that the permitted development is carried out as shown in the approved
drawings. If subsequent inspections of the development site reveal that
construction has been carried out that is not in accordance to the approved
drawings and that such works have caused a diminution in the width or extent of
the adjacent highway then the authority has powers under the Highways Act 1980
to secure the removal of obstructions and to restore the full extent and surface of
the highway.


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.
M And A Associates
20 Pilgrims Way
Fraddam
Hayle
TR27 6EJ
Your ref:
My ref: PA17/00288
Date: 9 March 2017
Dear Sir/Madam
Application for variation of condition 2 (plans) in respect of Decision Notice
PA15/01953
12 Back Lane Angarrack Cornwall


With reference to this planning application, I enclose the Council’s decision letter confirming
that the amendments proposed have been determined to be non material.

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 (nonhouseholder 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
Phil Brookes
Senior Development Officer
Planning and Sustainable Development Service
Tel: 01209 614029
COND
Planning and Sustainable Development Service
Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
planning@cornwall.gov.uk

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