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PA20/03108 | Comments: Drainage, Parking, A1 use| Proposed change of use from industrial building to builders merchant

Proposed change of use from industrial building (B2) to builders merchant (sui generis). - Land SE Of Unit 24 Marsh Lane Industrial Estate Hayle TR27 5JR

Ref. No: PA20/03108 | Received date: Wed 08 Apr 2020 | Status: Approved with conditions | Case Type: Planning Application


Mrs Rebecca Brading M S and D Ltd



Hayle Town Council (5 May 2020) "No objection."

Highway Development Management - West (26 June 2020) "I am aware that the existing route through the estate can be constrained due to inconsiderate on-street parking however that is not a substantive reason to object to the principle of access to the site.

  We do not have any current parking standards for A1 use class, however the last guidance document on parking standards identified 1 space per 25sqm GFA for non-food retail.
  For a floor space of 300sqm I would expect to see 12 customer parking spaces. The D&A statement identifies 600sqm available for parking which is more than sufficient to accommodate at least 12 spaces.”


Dear Mr Carlyon,



YOUR REF: PA20/03108

We act for several businesses (“our Clients”) of Marsh Lane Industrial Estate and are instructed to
submit an objection on their behalf to the above-referenced proposed development. Names and
addresses of these businesses are provided at the end of this letter (“List of Objectors”).

Given that the application site is at a higher topographical level, our clients are concerned about
surface water run-off from the proposed development; no details regarding this have been
submitted with the planning application. In addition, no detailed parking or proposed turning area
arrangements have been submitted and our clients are concerned that a Builders Merchant will
attract a high volume of traffic. Notwithstanding this, upon review of the application, a further and
significant matter of concern for consideration is the principle of an Al Use Class in this location,
which forms part of an allocated employment site for Use Classes B1, B2 and B8 only.

Our clients understand that there is a fallback position for the applicant, by virtue of the extant
permission which is currently under construction. However, it does not mean to say that the use
proposed is appropriate, or compatible with the adjoining uses, or compliant with the policies
contained within the Development Plan. The following sets out the concerns of our clients in more



The application site forms part of the Critical Drainage Area (“CDA”) for Hayle. Towns located within
these areas are recognised by the Environment Agency as having critical drainage problems. In a
CDA it is expected that new development reduces flood risks, rather than having just a neutral

The CDA guidance sets out that all new developments must play their part in reducing current
rainfall runoff rates. This requirement also applies to brownfield sites that must match the same
Standards. The surface water drainage hierarchy should be followed by using infiltration as far as is
practicable. Furthermore, all off-site surface water discharges from developments should mimic
greenfield performance up to a maximum 1 in 10-year discharge rate.

Policy 26(2.c) ‘Flood risk management and coastal change’ of the Cornwall Local Plan sets out that
developments should be sited and designed of a type that enables, or replicates, natural ground
and surface water flows and decreases surface water runoff, particularly in Critical Drainage Areas,
through sustainable urban drainage systems (SUDS), utilising green infrastructure where possible
and as guided by local standards, including Cornwall drainage guidance.

The site is located within the CDA but no details of such a system for the disposal of surface water
have been detailed with this application. It is apparent that, as part of the consultation process on
the previous application (planning reference PA19/06344), the Cornwall Council Lead Local Flood
Authority requested percolation tests; this information was seemingly not provided, or, at least, is
not available on the Online Planning Register.

Condition 3 imposed by the above referenced planning permission states:

             Prior to the first occupation of the development hereby permitted, the installation of a
system for the disposal of surface water on the site shall be 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 thereafter in accordance with the approved details.

             Reason: To avoid flooding and in the interests of water quality, and in accordance with the
aims and intentions of Policy 26 of the Cornwall Local Plan Strategic Policies 2010 - 2030 and
paragraph 163 of the National Planning Policy Framework 2019.

The trigger point for this condition is the occupation of the unit, but, given the site’s location at a
higher topographical level, we strongly suggest that this aspect should be robustly considered and
implemented prior to any further development progresses on site to mitigate and prevent any
serious surface water run-off impacts upon the wider industrial estate.

In addition, the effect on surface water run-off to the properties below, in particular Unit 24, is
unknown. Unit 24 sits significantly lower than the application site and the latter is retained land.
There are concerns that, should the surface water issue not be resolved, the impacts on the


retaining structure could be catastrophic. This matter is exacerbated due to the lack of information
in respect of the proposed surface treatment to the land to the north of the building. Given that the
use proposed is a builders merchant, it is not unreasonable to assume that this area would be hard
surfaced, but no information on this is provided.

We ask that the Local Planning Authority request the information on how surface water disposal
will be dealt with as part of the current application, in addition to consulting the Cornwall Council
Lead Local Flood Authority.


Policy 13(3) ‘Development Standards’ of the Cornwall Local Plan makes it clear that all new
development must provide an appropriate level of off-street parking and cycle parking, taking into
account the accessibility of the location in terms of public transport and proximity to facilities and

Notwithstanding this, the proposal put forward does not provide any information in terms of
parking arrangements, turning areas, or the actual number of parking spaces proposed, providing
only an indicative outline area of the parking area.

It is without question that an Al Use Class will create more traffic movement when compared with
the permitted B2 Use Class, and thereby increase the level of parking required for both customers
and staff. Sizeable lorries will also need to access the site, facilitating the movement of bulk building
materials to and from the Builders Merchants, and will require turning areas within the site
boundary. It is also highly likely that the frequency of movement of both deliveries and customers
will be significantly higher than the permitted use and our clients advise us that there are already
issues relating to on-highway parking through the Estate, which would increase risks associated
with vehicle movements to and from the site.

By virtue of the limited information, our clients are concerned that poor parking provision will could
have a detrimental impact on the existing parking provision for the other units on the Industrial
Estate, which is already in short supply, and could result in our clients’ parking spaces being used
by customers of the Builders Merchant. We request that additional details are sought, and that the
applicant has correct engagement with the Highways Development Team at the Local Planning

Proposed Builders Merchant (A1 Use)

Policy 3(1) ‘Role and function of places’ of the Cornwall Local Plan 2010-2030 sets out that delivery
of housing, community, cultural, leisure, retail, utility and employment provision will be managed
through the Site Allocations Development Plan Document, or Neighbourhood Plans, and contained
within the list is Hayle and the application site.

Policy 5(4) ‘Business and Tourism’ of the Cornwall Local Plan sets out that Site Allocations
Development Plan Document and Neighbourhood Plans should identify new land, and safeguard


appropriate existing land, necessary for the delivery of the economic strategies for Cornwall. Such
allocations should be based on an assessment that considers the ability of the quantity, nature and
quality of existing space and any commitments to meet the space requirements set out in Policy 2a
and the needs of sectors.

The Cornwall Site Allocations Development Plan Document (Allocations Development Plan
Document) was formally adopted on 26 November 2019. The Allocations Development Plan
Document also looks at the wider strategy for the towns including economic growth and the
delivery of infrastructure that will support both the existing and future residents.


The proposed site is located to the south east
of the Industrial Estate and lies within the red
outline (shown in the adjoining extract), that
forms part of the employment site allocation
for Hayle, as detailed within the Allocations
Development Plan Document. The site is
covered by ‘Policy H-E1 Marsh Lane Industrial
Estate’ where the policy makes it abundantly
clear that any new development within the
site should be for Use Classes B1, B2 or B8.

The A1 Use Class proposed is not a use that is
considered acceptable for Marsh Lane
Industrial Estate and is therefore a departure
from the Allocations Development Plan
Document and the Cornwall Local Plan.


The status of the Allocations Development Plan Document has clearly been disregarded and the
application fails to provide any overriding planning reasons as to why the Al Builders Merchant
should be supported, given the clear departure from the identified uses. Within the Supporting
Statement and Planning Assessment, under the header ‘Character of Marsh Lane Industrial Estate’
it is stated that other uses that do not fall into the Use Classes B1, B2, and B8 have been granted
planning permission. We note that these historical permissions relating to the D2 Use Class were
all granted planning permission prior to the adoption of the Allocations Development Plan
Document, which now forms a material consideration to the assessment of planning applications
within the Marsh Lane Industrial Estate site.


In summary, the proposed Builders Merchant (A1 Use Class) is not a listed Use Class within the
Allocations Development Plan Document. Moreover, the proposal fails to recognise that the site is
subject to an allocation which explicitly excludes the Al Use Class proposed, with no overriding


reasons, or justification to demonstrate why a departure from Policy H-E1 of the Allocations
Development Plan Document and Policy 3 and 5 of the Cornwall Local Plan should be supported.
Accordingly, it is respectfully requested that the Local Planning Authority refuse the application on
the grounds presented.

If the application is not refused, at the very minimum we suggest that additional information
regarding drainage solutions and highways should be sought with associated necessary consultation
with internal consultees.

We would be grateful if the Council could confirm safe receipt of this representation and that it has
been added to the online planning register.

We are happy to elaborate on any of the above points and / or provide more information if

Yours sincerely,

Chloe Pitt MRTPI
Planning Manager

Enc. __ List of Objectors





 Ben Williams Furniture  Ben Williams
 Unit 24
 Jeremy Wicks
 Aspire SW
 Matthew Laity & Robert Johns
 HSC Mobility
 Lee French
 West Country Blinds
 David Tague
 Gramscatho Buildings
 Stephanie Billinger

Laurence Associates

Comment submitted date: Wed 27 May 2020

Please see related documents tab for comments

Matt And Rob Laity And Johns

Comment submitted date: Fri 22 May 2020

Good afternoon
> We have been trying to comment on a planning application online but the website is saying service unavailable. We would like to leave a neutral comment highlighting the following concerns.
> We are writing to you to raise concerns over the the proposed planning application PA20/03108 to change the use from industrial building (B2) to builders merchant (A1).
> Whilst we have no objection to the proposed business being there we do feel the need to highlight some areas of concern.
> This is a small industrial estate and already struggles with the lack of parking and adequate space for large delivery lorries to turn and manoeuvre.
> In recent years we have already seen the introduction of businesses with inferior parking for their needs. This has resulted in cars parking on pavements, on corners and blocking entrances.
> The proposed planning application has no existing or proposed parking and we feel the industrial estate will struggle to cope with the additional vehicles coming to and from the location. Based on the application the staff parking alone could require upto 10 spaces, plus additional for customers.
> We don't have a problem with the proposed business or people, but merely the concern over the traffic flow and adequate parking that we feel need to be clarified?

Miss Stephanie Billinger

Comment submitted date: Mon 18 May 2020

Dear Sir/Madam,
With regard to the proposed change of use the original application was for a store not retail premise therefore a much reduced volume of traffic would have taken place. Original application P.A 19/06344 made no allowances for dedicated staff,customer and articulated lorry deliveries. The application propose to employ 11 people . Where is the staff parking indicated on the plan? There is no turning circle for articulated vehicles.
Marsh Lane Ind. Est. currently suffers from a large number of vehicles parked on the access road throughout the estate. The hammer head or turning circle is continually blocked by vehicles preventing access to 1,2,3 and 4 Gramscatho Buildings. Disabled NHS service users have to navigate articulated vehicles parked or waiting to unload at the hammer head which is also at the entrance to the proposed site. This problem will only increase in the future. A continuous stream of traffic will be travelling the whole length of Marsh Lane Ind. Est. to access the site which is located at the end of a cul-de-sac.
No SUDS has been implemented in respect of flooding downstream. Only recently we have seen severe flooding in Hayle due to high rain fall and tides. Marsh Lane by it's very name indicates that it lies within a low lying wet area.
Original planning for Marsh Lane did not allow for retail to this extent and this should be taken into account when considering this proposed change of use.
For these reasons I object to the proposed planning application.

Yours Sincerely Stephanie Billinger.

Mr jeremy wicks

Comment submitted date: Mon 18 May 2020

With regard to the application for change of use from builders store to builders merchant I have the following concerns.
As an owner of a property adjacent to the applicants site I have concerns about the HGV access and customer parking. Whilst I support any new business in the area it must not come at a cost to the existing businesses ability to trade and access their properties and the safety of the general public.
The original planning application for a builders store PA19/06344 showed a block plan with an area for turning parking. This may well have been suitable for a builders store but certainly not for a builders merchants. The new application uses the same block plan with no additional information about the HGV turning area or how the HGV vehicles will enter and leave the site. There are no designated parking areas for customers or staff. The estate in normal working hours has no street parking due to the amount of existing cars that park on the estate.
I would expect a detailed design and access statement with plan to be submitted before a decision was made on this application.


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