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PA18/04577 | Approved with conditions

Application for approval of reserved matters (access, appearance, landscaping, layout and scale) pursuant to outline permission PA13/01370 for 143 residential units, 2,014sqm of retail (Class A1-A5), Community (Class D1) and leisure (Class D2) floorspace, 595sqm of business (Class B1) floorspace and 343sqm of floorspace for industrial and fish storage (Class B2 and B8), including access, parking and public open space. - Hayle Harbour North Quay Hayle Cornwall TR27 4BL

Ref. No: PA18/04577 | Received date: Tue 15 May 2018 | Status: Approved with conditions | Case Type: Planning Application


CONDITION:
1 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.
2 No development, other than demolition of any buildings or structures, shall
commence on the north side of North Quay Road 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 Risk 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 2019 with specific reference
to paragraphs 170, 178 and 180 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.
3 Following the carrying out of the Risk Assessment, above, should land be found
to be affected by contamination and pose risks identified as being unacceptable,

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/04577
DATED: 25 July 2019
Louise Wood - Service Director Planning and
Sustainable Development
ACRMZ
no development shall take place until such time as a detailed remediation
scheme has 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 so as 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 2019 with specific reference
to paragraphs 170, 178 and 180 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.
4 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 2019 with specific reference
to paragraphs 170, 178 and 180 and Policy 16 of the Cornwall Local Plan
Strategic Policies 2010 - 2030, Adopted November 2016.
5 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.

 

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/04577
DATED: 25 July 2019
Louise Wood - Service Director Planning and
Sustainable Development
ACRMZ
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 2019 with specific reference
to paragraphs 170, 178 and 180 and Policy 16 of the Cornwall Local Plan
Strategic Policies 2010 - 2030, Adopted November 2016.

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/04577
DATED: 25 July 2019
Louise Wood - Service Director Planning and
Sustainable Development
ACRMZ
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Site/location Plan 1820_P_001 P2 received 15/05/18
Block Plan 1820_P_003 P5 received 18/07/19
Existing 1820_P_005 P2 received 15/05/19
Block Plan 1820_P_011 P5 received 18/07/19
Block Plan 1820_P_012 P4 received 18/07/19
Parking Layout 1820_P_13 P4 received 18/07/19
Parking Layout 1820_P_14 P3 received 30/01/19
Block Plan 1820_P_15 P4 received 18/07/19
Proposed 1820_P_20 P3 received 30/01/19
Block Plan 1820_P_100 P4 received 26/03/19
Proposed 1820_P_101 P3 received 30/01/19
Proposed 1820_P_102 P3 received 30/01/19
Proposed 1820_P_103 P3 received 30/01/19
Proposed 1820_P_104 P3 received 30/01/19
Proposed 1820_P_105 P3 received 30/01/19
Proposed 1820_P_106 P3 received 30/01/19
Proposed 1820_P_107 P3 received 30/01/19
Proposed 1820_P_108 P3 received 30/01/19
Proposed 1820_P_109 P3 received 30/01/19
Proposed 1820_P_110 P3 received 30/01/19
Proposed 1820_P_111 P3 received 30/01/19
Proposed 1820_P_112 P3 received 30/01/19
Block Plan 1820_P_120 P5 received 26/03/19
Proposed 1820_P_121 P3 received 30/01/19
Proposed 1820_P_122 P3 received 30/01/19
Proposed 1820_P_123 P3 received 30/01/19
Proposed 1820_P_124 P3 received 30/01/19
Proposed 1820_P_125 P3 received 30/01/19
Proposed 1820_P_126 P3 received 30/01/19
Proposed 1820_P_127 P3 received 30/01/19
Proposed 1820_P_128 P3 received 30/01/19
Proposed 1820_P_130 P3 received 30/01/19
Proposed 1820_P_131 P3 received 30/01/19
Proposed 1820_P_132 P3 received 30/01/19
Proposed 1820_P_133 P4 received 30/01/19
Proposed 1820_P_134 P3 received 30/01/19
Block Plan 1820_P_140 P3 received 30/01/19
Proposed 1820_P_141 P3 received 30/01/19
Proposed 1820_P_142 P3 received 30/01/19
Proposed 1820_P_143 P3 received 30/01/19
Proposed 1820_P_144 P3 received 30/01/19
Proposed 1820_P_145 P3 received 30/01/19
Proposed 1820_P_146 P3 received 30/01/19
Proposed 1820_P_150 P3 received 30/01/19
Proposed 1820_P_151 P3 received 30/01/19

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/04577
DATED: 25 July 2019
Louise Wood - Service Director Planning and
Sustainable Development
ACRMZ
Proposed 1820_P_152 P3 received 30/01/19
Proposed 1820_P_156 P3 received 30/01/19
Block Plan 1820_P_160 P4 received 18/07/19
Proposed 1820_P_161 P3 received 30/01/19
Proposed 1820_P_162 P3 received 30/01/19
Proposed 1820_P_163 P3 received 30/01/19
Proposed 1820_P_164 P3 received 30/01/19
Proposed 1820_P_165 P3 received 30/01/19
Proposed 1820_P_166 P3 received 30/01/19
Proposed 1820_P_170 P3 received 30/01/19
Proposed 1820_P_171 P4 received 30/01/19
Proposed 1820_P_172 P4 received 30/01/19
Proposed 1820_P_173 P3 received 30/01/19
Proposed 1820_P_174 P3 received 30/01/19
Proposed 1820_P_175 P3 received 30/01/19
Proposed 1820_P_176 P1 received 30/01/19
Block Plan 1820_P_180 P4 received 18/07/19
Proposed 1820_P_181 P3 received 30/01/19
Proposed 1820_P_182 P3 received 30/01/19
Proposed 1820_P_183 P3 received 30/01/19
Proposed 1820_P_184 P3 received 30/01/19
Proposed 1820_P_185 P3 received 30/01/19
Proposed 1820_P_186 P3 received 30/01/19
Proposed 1820_P_190 P3 received 30/01/19
Proposed 1820_P_191 P3 received 30/01/19
Proposed 1820_P_192 P3 received 30/01/19
Proposed 1820_P_193 P3 received 30/01/19
Proposed 1820_P_194 P3 received 30/01/19
Proposed 1820_P_197 P3 received 30/01/19
Block Plan 1820_P_200 P4 received 24/05/19
Proposed 1820_P_201 P4 received 24/05/19
Proposed 1820_P_202 P5 received 24/05/19
Proposed 1820_P_203 P5 received 24/05/19
Proposed 1820_P_204 P5 received 24/05/19
Proposed 1820_P_205 P4 received 24/05/19
Proposed 1820_P_206 P4 received 24/05/19
Proposed 1820_P_207 P4 received 24/05/19
Proposed 1820_P_208 P4 received 24/05/19
Proposed 1820_P_210 P4 received 24/05/19
Proposed 1820_P_211 P5 received 24/05/19
Proposed 1820_P_212 P5 received 24/05/19
Proposed 1820_P_213 P4 received 30/01/19
Proposed 1820_P_214 P3 received 11/06/18
Proposed 1820_P_215 P4 received 24/05/19
Block Plan 1820_P_220 P3 received 30/01/19
Proposed 1820_P_221 P4 received 30/01/19
Proposed 1820_P_226 P3 received 30/01/19

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/04577
DATED: 25 July 2019
Louise Wood - Service Director Planning and
Sustainable Development
ACRMZ
Proposed 1820_P_222 P4 received 30/01/19
Proposed 1820_P_223 P4 received 30/01/19
Proposed 1820_P_224 P4 received 30/01/19
Proposed 1820_P_230 P4 received 30/01/19
Proposed 1820_P_231 P3 received 30/01/19
Proposed 1820_P_232 P3 received 30/01/19
Proposed 1820_P_236 P3 received 30/01/19
Block Plan 1820_P_240 P3 received 30/01/19
Proposed 1820_P_241 P3 received 30/01/19
Proposed 1820_P_242 P3 received 30/01/19
Proposed 1820_P_243 P3 received 30/01/19
Proposed 1820_P_244 P3 received 30/01/19
Proposed 1820_P_245 P3 received 30/01/19
Proposed 1820_P_246 P3 received 30/01/19
Proposed 1820_P_250 P3 received 30/01/19
Proposed 1820_P_251 P3 received 30/01/19
Proposed 1820_P_252 P3 received 30/01/19
Proposed 1820_P_261 P2 received 15/05/18
Proposed 1820_P_271 P2 received 15/05/18
Proposed 1820_P_254 P3 received 30/01/19
Block Plan 1820_P_260 P2 received 15/05/18
Proposed 1820_P_262 P2 received 15/05/18
Proposed 1820_P_270 P2 received 15/05/18

 

ANY ADDITIONAL INFORMATION:
• Prior to the commencement of the development of blocks C, D and E and to the
laying out of North Quay Square as hereby approved, the applicant in liaison with
the Council and relevant stakeholders should consider the suggestions of the
Cornwall Design Review Panel in its report of the meeting on 5th June 2019
concerning the form and massing of blocks C, D and E; the siting of block C; the
amount and configuration of surface car parking adjacent to block C; a direct
pedestrian link from North Quay Square via Block D to Hilltop; and the landscape
treatments of North Quay Square and North Quay Road to the south of Block D.
• Submission of subsequent reserved matter applications for later phases and in
particular for the Yard and Hilltop Development Areas shall demonstrate that the
submission has had regard to both the comments of ICOMOS and to the design
and layout of this phase of the development. This is to ensure that the visual
permeability and the approved sight lines through and over the scheme are
maintained as shown on drawings 1820/P/018 rev P1 and 1820/P/053 Rev P4.
• Rights of Way
Advice Note to ensure that the applicant is aware of their legal obligations in
relation to users of the public footpath. These obligations will include some or all
of the following:
o No building materials must be stored on the right of way
o Vehicle movements must be arranged so as not to interfere with the public
use of the way
o The applicant should ensure they have private access rights to drive on
PROW
o The safety of members of the public using the right of way must be ensured
at all times
o No additional barriers (e.g. gates) are to be placed across the right of way
o There must be no reduction of the available width of the right of way for
use by members of the public
o No damage or alteration must be caused to the surface of the right of way
o Wildlife mitigation fencing must not be placed across the right of way.
If the Council's advice is not heeded Cornwall Council as highway authority may
take such action as the authority considers to be appropriate, including direct
enforcement action under a legal notice and prosecution. The Council has a
statutory duty to ensure Public Rights of Way (PROW) are open and available
members of the public at all times and that they are not unduly inconvenienced in
their use of PROW where development work has taken place.

via http://planning.cornwall.gov.uk/online-applications/files/3948FDA7BC52B6...