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Decision: PA10/04297 - Cranford/Sainsburys Planning Refusal Reasons

Via PA10/04297 | Sainsburys second application to develop Marsh Lane


Cornwall Council
Council Offices St Clare Penzance TR18 3QW
Tel: Email: 01736 331166 planning.west1@cornwall.gov.uk

Web:

www.cornwall.gov.uk

Application number: PA10/04297 Agent: Mr Simon Coles WYG Planning and Design Hawkridge House Chelston Business Park Wellington TA21 8YA Applicant: Sainsburys Supermarkets Ltd And Cranford (Hayle) Ltd 33 Holborn London EC1N 2HT

Town And Country Planning Act 1990 (as amended) Town And Country Planning (Development Management Procedure) (England) Order 2010

Notice of Refusal of Planning Permission
CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES PERMISSION, for the development proposed in the following application received on 26 July 2010 and accompanying plan(s), for the reasons set out on the attached schedule:
Description of Development:

Construction of supermarket, petrol filling station, car parking, highway works, nature reserve and associated works (revised scheme of W1/09-1273) Land Between Loggans Moor Roundabout And Marsh Lane Industrial Estate Marsh Lane Hayle Cornwall

Location of Development:

Parish:

Hayle

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

DATED: 17 March 2011
IDOX/REFULZ

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/04297

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 store's 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 sited 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.



DATED: 17 March 2011
IDOX/REFULZ

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/04297

RELEVANT PLANNING POLICIES: Regional Planning Guidance Note 10 policies: VIS1 - Promote sustainable development. VIS2 - Principles for Future Development. SS18 - Regeneration of main towns, conservation of environment in Cornwall. SS21 - Development in Coastal towns. EN1 - Landscape and Biodiversity. EN3 - Historic Environment. EN4 - Quality in the Built Environment. EC6 - Town Centres and Retailing. Tran 1 - Reducing the Need to Travel. RE2 - Flood Risk. Saved Cornwall Structure Plan policies: 1 - Principles of Sustainable Development. 2 - Character areas, Design and Environmental Protection. 3 - Use of Resources. 11 - The Urban and Rural Economy. 14 - Town Centres and Retailing. 16 - Overall Distribution of Development. 25 - Other Main Towns and Local Centres. 27 - Transport Strategy. 28 - Accessibility. Saved Penwith Local Plan policies: ST1 - Plan Strategy. GD1 - Integration with surroundings. GD2 - Design and layout of development. GD4 - Prevention of pollution. GD5 - Protection of character and amenity of an area from harmful highway works. CC1 - Protection of the character and appearance of the countryside and coast. CC8 - Protection of designated wildlife sites. CC9 - Protected species. CC12 - Protection of hedgerows and Cornish Hedges. TV1 - Location of development. TV16 - Location of major retail development. TV17 - Location of shopping facilities and protection of town centres. TV-D - Allocation of land at Hayle Harbour for mixed use redevelopment.

DATED: 17 March 2011
IDOX/REFULZ

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/04297

E1 - Sustainable location of employment generating development. TP5 - Cycling routes. TP8 - Protection of local character in road improvement schemes. TP12 - Car parking standards. CS4 - Flood risk. CS6 - Disposal of surface water. National Policy and Guidance. Planning Planning Planning Planning Planning Planning Policy Policy Policy Policy Policy Policy Statement 1 - Delivering Sustainable Development. Statement 4 - Planning for Sustainable Economic Growth. Statement 9 - Biodiversity and Geological Conservation. Statement 23 - Planning and Pollution Control. Statement 25 - Development and Flood Risk. Guidance 13 - Transport (updated January 2011).

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION: Site/location Plan 31133 P(0)01 B received 26/06/10 Site/location Plan 31133 P(0)02 received 26/06/10 Proposed 2457/22 F received 26/06/10 Proposed 31133 P(0)03 A received 26/06/10 Proposed 31133 P(0)04 received 26/06/10 Proposed 31133 P(0)05 received 26/06/10 Proposed 40085LP(90)109 received 26/06/10 Proposed 40085LP(90)108 B received 26/06/10 Proposed 40085LP(90)107 received 26/06/10 Proposed 40085LP(90)106 A received 26/06/10 Proposed 40085LP(90)102 received 26/06/10 Proposed 40085LP(90)103 received 26/06/10 Proposed 40085LP(90)104 received 26/06/10 Proposed 40085LP(90)101 received 26/06/10

DATED: 17 March 2011
IDOX/REFULZ

Phil Mason Head of Planning and Regeneration

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 using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs. 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.

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tags for Decision: PA10/04297 - Cranford/Sainsburys Planning Refusal Reasons