Refused PA14 - 00532 http://planning.cornwall.gov.uk/online-applications/applicationDetails.d...

DECISION NOTICE

	Name or Detail	Received Date
	Decision notice	23/12/2014

 

Reference:	PA14/00532
Alternative Reference:	N/A
Application Received:	20 Jan 2014
Address:	Hayle Shopping Park And Marsh Lane Nature Reserve Marsh Lane Hayle Cornwall TR27 5LX
Proposal:	Erection of retail development comprising Class A1 and Class A3 and/or A1 units, including all associated access, servicing and infrastructure works, car parking, public realm improvements and landscaping together with enhancement works including footpaths, car parking, bird hide and landscaping to the nature reserve and surrounding land and hydrological improvement works
Status:	Refusal
Appeal Status:
Appeal Decision:

 

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Cornwall Council

Circuit House Pydar Street Truro Cornwall TR1 1EB

Email: planning@cornwall.gov.uk
Tel:     0300 1234151
Web:  www.cornwall.gov.uk

Application number: PA14/00532
Agent:
Simply Planning Limited
25 Manchester Square
London
W1U 3PY

Applicant:
C/o Agent

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 20 January 2014 and accompanying plan(s), for the reasons set out on the attached schedule:

Description of Development:		Erection of retail development comprising Class A1 and Class A3 and/or A1 units, including all associated access, servicing and infrastructure works, car parking, public realm improvements and landscaping together with enhancement works including footpaths, car parking, bird hide and landscaping to the nature reserve and surrounding land and hydrological improvement works
Location of Development:		Hayle Shopping Park And Marsh Lane Nature Reserve Marsh Lane Hayle Cornwall TR27 5LX
Parish:		Hayle

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

DATED: 23 December 2014
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA14/00532

REASONS:

1. The proposed development would be in part sited within Flood Zone 2 and Flood Zone 3a. The National Planning Policy Framework requires that development should be directed away from areas at highest risk of flooding and where development is to be sited on land at risk of flooding that a sequential test is undertaken to identify whether other sites are available which are at a lower risk of flooding. There is a sequentially preferable site at the Hayle Football Rugby Club at Marsh Lane, Hayle which is at a lower risk of flooding and available for development and is of a size which could accommodate the proposed development. Therefore the proposal has failed the sequential test and the sustainability benefits of the proposed development are not considered to outweigh the flood risk thus the proposal is contrary to paragraphs 101, 102, and 103 of the National Planning Policy Framework.
   
   
2. 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. There is an available site which is previously developed land at the Hayle Rugby Football Club which is more closely integrated with the urban environment and is of a size which could accommodate the proposed development. The proposal is therefore contrary to paragraph 111 of the National Planning Policy Framework.
   
   
3. In the absence of a signed planning obligation relating to the provision of flood mitigation, habitat mitigation and compensation, highway and pedestrian access improvements and town centre management which are obligations required to make the planning application acceptable the proposal is contrary to Penwith Local Plan policies CC8, CC9, GD4(iii), TV17(iii), CS4(i,iii) and is contrary to paragraphs 26, 27, 32, 102, 103 and 118 of the National Planning Policy Framework.
   

DATED: 23 December 2014
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA14/00532

RELEVANT PLANNING POLICIES:

Penwith Local Plan (2004) policies:
GD1 Integration with surroundings
GD2 Development standards
GD4 Drainage, pollution, flooding
GD6 Advert signage
CC1 Protection of the countryside
CC2 Improved enjoyment and understanding of the countryside
CC8 County Wildlife Sites
CC9 Protected species
TV1 Location of development
TV16 Location of retail development-sequential test.
TV17 Location of retail development viability and vitality of town centres
E1 Employment
E5 Agricultural land
CS4 Flood risk
CS5 Groundwater
CS8 Watercourses

National Planning Policy Framework 2012:
Section 1 Economy
Section 2 Vitality of town centres
Section 4 Promoting sustainable transport.
Section 7 Requiring good design.
Section 8 Promoting healthy communities.
Section 10 Climate change, flooding and coastal change.
Section 11 Conserving and enhancing the natural environment.
Section 12 Conserving and enhancing the historic environment.

Planning Practice Guidance 2014.

Cornwall Local Plan - Strategic policies Proposed Submission document (March
2014):

1 Presumption in favour of sustainable development
2 Key targets and spatial strategy.
3 Role and function of places.
6 Shopping, services and community facilities.
8 Jobs and skills.
13 Design.
14 Development standards.

DATED: 23 December 2014
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA14/00532

17 Health and wellbeing.
22 Best use of land.
23 Natural environment.
24 Historic environment.
26 Flood risk.
27 Transport and accessibility.
28 Infrastructure.
PP2 Hayle and St. Ives Community Network Area.
World Heritage Site Management Plan:
P3 Protection of setting.
Cornwall Design Guide 2013

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Existing AP12022-P1 received 20/01/14
Existing AP12022-P2 received 20/01/14
Proposed AP12022-P9 received 20/01/14
Proposed AP12022-P10 received 20/01/14
Proposed AP12022-P11 received 20/01/14
Proposed AP12022-P12 received 20/01/14
Proposed AP12022-P13 received 20/01/14
Proposed AP12022-P14 received 20/01/14
Proposed AP12022-P15 received 20/01/14
Proposed AP12022-P16 received 20/01/14
Proposed AP12022-P17 received 20/01/14
Proposed AP12022-P18 received 20/01/14
Proposed AP12022-P19 received 20/01/14
Proposed AP12022-P20 received 20/01/14
Proposed LS-01 received 20/01/14
Proposed LS-02 received 20/01/14
Proposed LS-03 received 20/01/14

DATED: 23 December 2014
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 to the Planning Inspectorate using a form which can be obtained from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs A copy of the completed appeal form
must also be submitted to the Council.

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.