Agenda and minutes

Venue: Council Chamber, County Hall, Truro, TR1 3AY. View directions

Contact: Michelle Davey, Senior Democratic Services Officer, 01209 614385 

Note: This meeting has been moved from Thursday 3 to Wednesday 9 February in response to the large number of public representations received following the public meeting on 19 January. 

Items
No. Item

SP/126

Emergency Evacuation and Domestic Procedures

Minutes:

The Senior Democratic Services Officer advised of the emergency evacuation and domestic procedures.

SP/127

Declarations of Interest

Minutes:

In accordance with the Council’s Code of Conduct, Councillor Pascoe declared a personal interest in Agenda No. 5.2 (W1/10-0413-P Actoris Ltd: Jewson Site, Carnsew Road, Hayle) as there was a possibility that he may sell land to the applicant in the future, but not in the vicinity of the application under consideration.

 

SP/128

Minutes of the Meeting held on 24 January 2011

To follow

Minutes:

It was moved by Councillor May, seconded by Councillor Wood, and

 

RESOLVED that the minutes of the meeting of the Strategic Planning Committee held on 24 January 2011 are correctly recorded and that they be signed by the Chairman.

 

SP/129

Applications for Consideration

Members are encouraged, in the interests of time efficiency at the meeting, to contact the case officer prior to the meeting should they have any questions or comments on any of the following applications.

 

Minutes:

Matthew Morris, Retail Consultant, GVA, attended the meeting and outlined the context of the applications under consideration in terms of the retail policy and in particular, the Cornwall Retail Study, November 2010, and the Penwith Retail Study, 2007.  He advised that the ING application was the most preferable sequentially, but that the Morrison’s application was also classified as an edge of centre site.  The remaining two supermarket applications were classified as out of centre sites.  The following applications were then considered by the Committee.

 

SP/130

PA10/08142 ING Red UK (Hayle Harbour) Ltd: South Quay, Hayle pdf icon PDF 730 KB

Full planning permission for the erection of a foodstore (A1) with an A2 unit, cinema (D2), three non-food retail units, two small retail units for shop/restaurant purposes (A1 or A3), the creation of a new public realm including quayside promenade and public open space, associated infrastructure including the construction of a raised development platform and related flood prevention measures, new highway junction on Carnsew Road and improvements to the existing highway, car parking and servicing arrangements, and access to the residential development to the north of the quay

 

Outline planning permission for the erection of 30 residential units, the construction of a new restaurant (A3), associated infrastructure including estate roads, car parking and amenity spaces, the erection of a new pedestrian footbridge over Penpol Creek, and the creation of improved pedestrian access and landscaping proposals to enhance Isis Garden

 

CASE OFFICER: Jeremy Content on 01736 336785 or email jeremy.content@cornwall.gov.uk

 

Please follow the link below for the background papers to this report which included the GVA Retail Advice:

 

Background Papers

Minutes:

The Assistant Head of Planning and Regeneration (Central) advised that Members had visited the site and had been given presentations and a technical briefing on the application prior to the meeting, and he outlined the application and the addenda which had previously been circulated to Members and were tabled at the meeting.  The addenda referred to responses from the applicant to the questions raised at the public meeting on 19 January 2011; details of the Section 106 Obligation; amendments to conditions; public opinion surveys; additional correspondence from agents regarding moorings; and responses from statutory consultees Commission for Architecture in the Built Environment (CABE), English Heritage and the Highways Agency.  He recommended that if Members were minded to approve the application, that it be deferred for further amendments to the design and layout, taking into account the comments from CABE; further information regarding the delivery of a cinema and footbridge; further information on the impact on fishing; and conclusion of the agreement of the Section 106 Heads of Term.

 

In response to questions on the officer’s presentation, Members were advised the following:

 

(i)  The inclusion of a footbridge was essential to the development to ensure linked shopping trips and would be part of the condition or legal agreement, although this would require an Order which would take time to arrange.

(ii)  Longer-stay parking would be important in order to ensure the spin-off benefits to the town and for the enjoyment of the heritage site and use of the cinema and this could be further negotiated with the applicant.  However, it was also important to ensure that it did not simply become a free car park.

(iii)  Concerns had been expressed by English Heritage regarding the possible effect on the Outstanding Universal Values of the World Heritage Site, however, this needed to be weighed against a number of issues.  If after further negotiation, English Heritage maintained its objection, then the application would need to be referred to the Secretary of State for the final decision.

(iv)  Negotiations to date regarding an education contribution had been based on current advice.  However, if there was a new benchmark, then this would need to be renegotiated with the applicant.

(v)  The amount of water that was likely to be displaced by the construction of the development was expected to be minimal and the Environment Agency was fully involved and was looking at recommendations to ensure that there would be no flooding caused.

(vi)  It was estimated that the Cooperative store in the town centre would lose in the region of £2m of its annual turnover if the application were to be approved.

(vii)  Less parking had been required of ING’s application than the remaining applications as South Quay was reasonably accessible on foot, whereas out of town centres were more car reliant and therefore required more parking spaces.  The 276 spaces proposed were within the maximum standards set by policy.

(viii)  The current application carried less flood risk than the existing permission as there were  ...  view the full minutes text for item SP/130

SP/131

W1/10-0413-P Actoris Ltd: Jewson Site, Carnsew Road, Hayle pdf icon PDF 601 KB

Demolition of existing building and construction of retail foodstore, formation of car parking, pedestrian links and vehicular access from Carnsew Road to service the car park, service yard area, and works to and within the listed building

 

CASE OFFICER: Jeremy Content on 01736 336785 or email jeremy.content@cornwall.gov.uk

 

Please follow the link below for the background papers to this report which included the GVA Retail Advice:

 

Background Papers

Minutes:

The Assistant Head of Planning and Regeneration (Central) outlined the application and the addenda which had previously been circulated to Members and were tabled at the meeting.  The addenda referred to 218 representations that had been received; details of the Section 106 Obligation; additional information from the agent regarding the proposed access; and the response from the Highways Agency.  He recommended that the application be refused for the reasons set out in the report.

 

In response to questions on the officer’s presentation, Members were advised the following:

 

(i)  There was not a great deal of difference in the distances from the town centre between the ING and Morrison’s applications, however, the issue was one of connectivity.

(ii)  The implications on traffic of the application had to take into account the existing permission for a development on South Quay and it was considered that the road could not cope with a supermarket at Jewson’s in addition to a development on South Quay.

(iii)  The Jewson’s site currently contained very modern unsightly buildings and the proposal for a quality design building would be considered an improvement to what was already in existence.

(iv)  The site already had an economic use for employment and facilities that benefitted the town, and although there was some benefit in redeveloping the Jewson’s site, the potential impact on the development of South Quay was an important consideration, as it would raise questions as to how attractive South Quay may be to other developers and would leave South Quay without the option for a supermarket and therefore at the mercy of the market.

Councillor Jayne Ninnes, Hayle Town Council, attended the meeting, was permitted to speak, and spoke against the application.  She answered a question from a Member for clarification.

 

Geraint John, agent for the applicant, attended the meeting, was permitted to speak, and spoke in support of the application.  He answered a number of questions from Members for clarification.

 

Bob Mims, supporter, attended the meeting, was permitted to speak, and spoke in support of the application.

 

Councillor John Coombe, Local Member, attended the meeting, was permitted to speak, and made the following comments:

 

(i)  The site would fit well into its surroundings.

(ii)  The concerns regarding a pedestrian link to the town centre were weak and it would not be viable for the applicant to deliver an alternative access.

(iii)  The applicant had not shown that the proposed traffic flow would work in practice.

(iv)  The applicant would not be in a position to repair the harbour walls.

Councillor John Pollard, Local Member, attended the meeting, was permitted to speak, and made the following comments:

 

(i)  He supported refusal of the application and, although an advantage of the building was that it was industrial and would fit well into the site, it could not be fully integrated into Foundry Square, as there was a psychological barrier that people would not cross.

(ii)  Negotiations with ING regarding the provision of pedestrian access to the site had  ...  view the full minutes text for item SP/131

SP/132

PA10/06932 Asda Stores Ltd: Hayle Rugby Club, Marsh Lane, Hayle pdf icon PDF 577 KB

Demolition of existing buildings and erection of eight industrial units (B1 business) and one retail foodstore, petrol filling station, with associated car parking, access and landscaping

 

CASE OFFICER: Jeremy Content on 01736 336785 or email jeremy.content@cornwall.gov.uk

 

Please follow the link below for the background papers to this report which included the GVA Retail Advice:

 

Background Papers

Minutes:

The meeting was reconvened at 3.30 p.m. and the Assistant Head of Planning and Regeneration (Central) outlined the application and the addenda which had previously been circulated to Members and were tabled at the meeting.  The addenda referred to responses to the questions raised at the public meeting of 19 January 2011; 267 representations that had been received; details of the Section 106 Obligation; additional correspondence from the agents; and comments from Cornwall Highways.  He recommended that the application be refused for the reasons set out in the report.

 

In response to questions on the officer’s presentation, Members were advised the following:

 

(i)  The focus of the retail impact study had been on Hayle and the smaller villages towards Camborne-Pool-Redruth and Penzance had not been looked at, however, one of the reasons for recommending refusal was the potential to encourage longer shopping trips due to its closeness to the A30.  The trade diversion from Camborne and Penzance town centres had also been looked at, but no significant adverse impact had been found.

(ii)  The amount of shoppers from Hayle driving out of town to visit supermarkets was estimated at 80% for the weekly shop and around 50% for top-ups, however, the reduction in outward traffic would equally apply to all four applications.

(iii)  The effect on tourism was included in the assessments as out of town supermarkets could stop people going into town centres.

(iv)  The figures for the comparison trade diversion from Hayle town centre differed between the four supermarkets as they each sold different ranges of goods, however, the Asda application was at the top of that range and included a petrol filling station.

 

Owen Philp, objector, attended the meeting, was permitted to speak, and spoke against the application.

 

Councillor Jayne Ninnes, Hayle Town Council, attended the meeting, was permitted to speak, and spoke in support of the application.

 

Steve West, Hayle Rugby Football Club, attended the meeting, was permitted to speak, and spoke in support of the application.

 

Kelwyn Oldrey, Hayle Residents’ Association, attended the meeting, was permitted to speak, and spoke in support of the application.  He answered a question from a Member for clarification.

 

Councillor John Pollard, Local Member, attended the meeting, was permitted to speak, and made the following comments:

 

(i)  The application stood in its own right and would expand on an already successful retail park which could cope with the increased capacity, and provide additional parking and alternative shopping which would attract more trade from other towns.

(ii)  The retail park had proven to have a major beneficial effect on Hayle and allowing the addition of the Asda store could only be a positive move.

(iii)  The highways issues needed to be resolved, but the roundabout was not fit for purpose in any case.

(iv)  He expressed concerns regarding the inclusion of a petrol filling station and 24-hour shopping, but felt that the application provided community benefits in terms of the relocation of the rugby club and the  ...  view the full minutes text for item SP/132

SP/133

PA10/08329 Hayle Rugby Football Club and Walker Developments Ltd: Land to the East of Travelodge, Carwin Rise, Hayle pdf icon PDF 494 KB

New sports ground to accommodate the relocation of Hayle Rugby Football Club, comprising two senior rugby pitches with ancillary floodlighting and ball stop netting, clubhouse with external spectator stand, associated works and landscaping  and area for potential Phase 2 development to provide additional training zone

 

CASE OFFICER: Jeremy Content on 01736 336785 or email jeremy.content@cornwall.gov.uk

Minutes:

The meeting was reconvened at 5.05 p.m. and the Chairman advised that following the decision to defer determination of Application No. PA10/06932 (Asda Stores Ltd: Hayle Rugby Club, Marsh Lane, Hayle), the application was withdrawn from the agenda.

 

SP/134

PA10/04297 Sainsbury's Supermarkets and Cranford Hayle Ltd: Land at Marsh Lane, Hayle pdf icon PDF 600 KB

Construction of supermarket, petrol filling station, car parking, highway works, nature reserve and associated works

 

CASE OFFICER: Jeremy Content on 01736 336785 or email jeremy.content@cornwall.gov.uk

 

Please follow the link below for the background papers to this report which included the GVA Retail Advice:

 

Background Papers

Minutes:

The Assistant Head of Planning and Regeneration (Central) outlined the application and the addenda which had previously been circulated to Members and were tabled at the meeting.  The addenda referred to the 84 letters of representation that had been received, details of the Section 106 Obligation, responses to the bat survey which raised no concerns; and additional correspondence from the agents in relation to additional proposals regarding flooding.  He recommended that the application be refused for the reasons set out in the report.

 

In response to questions on the officer’s presentation, Members were advised the following:

 

(i)  The retail sequential test and the Environment Agency’s sequential test on flood grounds were entirely different issues, but both were material considerations with a potential to lead to a refusal of an application.

(ii)  The railway line was an old incline no longer in use and was outside the application site.

 

Councillor Jayne Ninnes, Hayle Town Council, attended the meeting, was permitted to speak, and spoke against the application.

 

Bruno Moore, for the applicant, attended the meeting, was permitted to speak, and spoke in support of the application.  He answered a number of questions from Members for clarification.

 

Councillor John Coombe, Local Member, attended the meeting, was permitted to speak, and made the following comments:

 

(i)  The application was on a greenfield site encroaching on Angarrack and Hayle.

(ii)  It was also marshland and was causing great concern due to recent flooding in the area, despite the proposed mitigation measures.

(iii)  He expressed concerns regarding the proposal for a footpath to Angarrack and the highways objection.

(iv)  It would not benefit the town centre.

 

Councillor John Pollard, Local Member, attended the meeting, was permitted to speak, and advised that he supported refusal of the application as it was on the wrong site.

 

A full and detailed debate ensued, the main points of which were noted as follows:

 

(i)  It was commented that the proposals were incredibly anti-pedestrian and that the reasons for refusal should reflect that more strongly.

(ii)  It was suggested that it would be unfair not to defer the application in line with the previous decision, however, it was commented that there were good grounds for refusal of the application whereas the previous application had huge community benefits and the potential to overcome the issues of concern.

(iii)  Members were advised that each application must be considered on its own merits and that there were three preferential sites to the application in question and a number of other reasons for refusal.

 

Arising from consideration of the report and the debate, it was moved by Councillor Biggs, and seconded by Councillor Wood, that the application be deferred to allow consideration of the applications for the three preferred sites, prior to consideration of the application.

 

On a vote of 6-8, the motion was lost.

 

It was further moved by Councillor Wallis, seconded by Councillor Mann, and, on a vote of 10-3 with 1 abstention, it was

 

RESOLVED that planning permission be  ...  view the full minutes text for item SP/134