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PA19/08062 | Non material amendment in relation to Construction of 270sqm of floorspace for A1 or A3 use and 3 residential apart

 

Non material amendment in relation to Construction of 270sqm of floorspace for A1 or A3 use and 3 residential apartments with variation of condition 4 and 6 to decision notice PA17/04182. - South Quay Access To South Quay Hayle Cornwall

Ref. No: PA19/08062 | Received date: Fri 13 Sep 2019 | Status: Approved unconditional | Case Type: Planning Application


South Quay, Hayle, Cornwall.
Application for a Non-Material Amendment to vary to conditions 4 and 6
attached to decision notice PA1 7/04182.
Construction of 270sqm of floorspace for A1 or A3 use and 3 residential
apartments.
The Gatehouse, Hayle Harbour, South Quay, Hayle Cornwall TR27 4EP


As discussed in our preapplication meeting there is currently a discrepancy in the
wording and requirements of some of the conditions contained within the two related
decision notices for the next phase of development at South Quay, namely
PA12/10064 and PA17/04182. This application seeks to resolve that discrepancy
and enable a more common and consistent approach.

In this respect:

Condition 4

Currently the wording of Condition 4 prevents development from commencing unt
certain drainage works have been undertaken. However, these works in themselves
considered commencement works. Below ground works need carefully installation to
avoid conflicts between different services and their delivery is normally coordinated
to minimise conflicts. However, the wording of the condition limits the works to purely
surface water drainage preventing coordination from occurring. It also prevents other
below ground works that are normally carried out either ahead of or In parallel with
below ground drainage works to be undertaken creating an illogical construction
sequence.

We do not consider this situation was the intention of the Condition 4 and may be a
drafting error. Consequently, it is proposed to vary Condition 4 to reflect the more

normal approach, reflected in the condition attached to decision notice PA12/10064
which covers the remainder of the site. This would change the wording from:

The development hereby permitted shall not commence until the installation of a
system for the disposal of surface water on site has been completed in accordance
with 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 in accordance with the
approved details.


To

The development hereby permitted shall not be occupied until the installation of a
system for the disposal of surface water on site has been completed in accordance
with defats which shall first have been submitted to and approved tn writing by the
Local Planning Authority. The details shall include a programme for maintaining the
system. The system shall be retained and maintained 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 8, 763 and 770 of the National Planning Policy Framework 2019


This wording still requires the drainage to be details of the design to be approved in
advance of installation but provides for a more logical construction sequence.

Condition 6

Condition 6 by its requirement to submit a Travel Plan before development can
commence on the Gatehouse block is at odds with the travel plan requirements for
the rest of the development on South Quay which is governed by the condition 18 of
notice PA12/10064.

This latter condition requires submission of travel plan information prior to the
occupation of the development phases which is a far more logical approach as it is
only prior to occupation that the details of the potential occupants, especially for the
retail uses, can be known.

Consequently, it is proposed that Condition 6 be modified to reflect this approach
and be redrafted from:

No development shall take place until a detailed Travel Plan has been submitted to
and approved in writing by the Local Planning Authority tn line with Cornwall Council
guidance: ‘Travel Plans - Advice for Developers in Cornwall’. No part of the new
development shall be occupied prior to implementation of those parts identified in the
Approved Travel Plan as capable of being implemented prior to occupation. Those
parts of the Approved Travel Plan that are identified therein as capable of
implementation after occupation shall be implemented in accordance with the

 

timetable contained therein and shall continue to be implemented in accordance with
the approved details as long as any pari of the development is occupied.


To

No occupation shall take place until a detailed Travel Plan has been submitted to
and approved in writing by the Local Planning Authority in line with Cornwall Council
guidance: ‘Travel Plans - Advice for Developers in Cornwall’. Where development is
constructed in stages the implementable parts of the Approved Travel Plan pertinent
lo that stage will have been completed and/or put into effect before that stage is
occupied and shall continue to be implemented in accordance with the approved
details as long as any part of the development is occupied. Where staged
construction is proposed a Construction Traffic Management Plan pertinent to the
Stages to be constructed will be submitted to and approved in writing by the Local
Planning Authority prior to the commencement of construction.

Reason: in order that the development promotes public transport, walking and
cycling, and limits the reliance on the private car during the construction phase and
after in accordance with the aims and intentions of paragraphs 35 and 36 of the
National Planning Policy Framework 2072 and policies 713, 74 and 2/7 of the Cornwall
Local Plan (2076).


We trust the amendments proposed above are an acceptable way of resolving the
current discrepancy.

Please contact me if you require any further information to support this application.