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Planning permission refused 12:7:1 | PA15/04394 Hayle Shopping Park And Marsh Lane Nature Reserve Marsh Lane Hayle Cornwall

Planning permission refused 12:7:1 | PA15/04394 Hayle Shopping Park And Marsh Lane Nature Reserve Marsh Lane Hayle Cornwall TR27 5LX Cranford (Hayle) LLP

Reference PA15/04394
Alternative Reference N/A
Application Received Mon 11 May 2015
Application Validated Mon 11 May 2015
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.
Status Decided
Decision Refusal one reason
Decision Issued Date Mon 30 Nov 2015
Appeal Status Unknown
Appeal Decision Not Applicable

There is 1 case associated with this application.

 

  • Total Consulted: 173
  • Comments Received: 106
  • Objections: 97
  • Supporting: 7

 

DECISION NOTICE

 Name or DetailReceived Date
Decision Notice30/11/2015

 



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: PA15/04394

 

Agent:
Simply Planning Limited
25 Manchester Square
London
W1U 3PY

Applicant:
C/o Agent
Town And Country Planning Act 1990 (as amended)
Town And Country Planning (Development Management Procedure) (England)
Order 2015
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 11 May 2015 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.

Location of Development: Hayle Shopping Park And Marsh Lane Nature Reserve
Marsh Lane
Hayle
Cornwall
TR27 5LX
Parish: Hayle
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/04394
DATED: 30 November 2015
Phil Mason
Head of Planning and Enterprise
R1FULZ

REASON:
The proposed development, in the light of other recent approvals, even with the
proposed retail restrictions and proposed mitigation is likely to have a cumulative
significant adverse impact upon the health of and investment within
Penzance/Hayle/Camborne/Falmouth and Truro Town Centre(s), contrary to Policies TV-
17 of the Penwith Local Plan 2004 and Paragraphs 26 and 27 of the National Planning
Policy Framework.

RELEVANT PLANNING POLICIES:
Under section 38(6) of the Planning and Compulsory Purchase Act 2004 decisions on
applications for planning permission and appeals must be taken in accordance with the
development plan, unless there are material considerations that indicate otherwise.
The National Planning Policy Framework stresses the importance of having a planning
system that is genuinely plan-led. Where a proposal accords with an up-to-date
development plan it should be approved without delay, as required by the presumption
in favour of sustainable development at paragraph 14 of the National Planning Policy
Framework. Where the development plan is absent, silent or the relevant policies are
out of date, paragraph 14 of the National Planning Policy Framework requires the
application to be determined in accordance with the presumption in favour of sustainable
development unless otherwise specified.

In Cornwall the development plan comprises the 'saved' policies from the adopted Local
Plans which include minerals and waste Local Plans, and the Balancing Housing Markets
Development Plan Document in the former Carrick area.

The policies in the emerging Cornwall Local Plan are not yet part of the development
plan and have limited weight because of the stage that the Local Plan has reached in the
adoption process but the policy and explanatory text does give a clear indication of the
Council's direction of travel. This Local Plan has been developed from an up to date
evidence base. The decision was taken to submit the Cornwall Local Plan to the
Secretary of State for examination by the Council on 16 December 2014. The Cornwall
Local Plan was submitted in February 2015 and the first stage of the Examination has
taken place in May 2015. The first stage of the Examination addressed legal compliance
and key strategic issues, including the level of housing growth and affordable housing
targets.

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/04394
DATED: 30 November 2015
Phil Mason
Head of Planning and Regeneration
IDOX/R1FULZ
The weight that can be attributed to the Plan and its policies will develop as the
Inspector's assessment of the document progresses. The Inspector has now released his
preliminary findings on the first stage of the Examination. The Inspector has set out his
initial assessment, recommendations for changes and request for further work to be
undertaken to make the Plan sound. This additional work will involve a suspension of the
examination for a period of months before it reopens (early 2016). However in the
meantime the Inspector's findings are material to future decisions. The Inspector in his
preliminary findings does provide clear recommendations in a limited number of areas.
The Inspector's recommendations on these issues differ from the Local Plan policies as
they stand. These recommendations along with the further work suggested will be
considered by the Council for further consultation before being considered by the
Inspector in the re-opened Examination. If the Council's proposed changes are
consistent with the Inspector's recommendations they would attract significant weight.
In the interim period the Inspector's comments and recommendations are a material
consideration to be addressed when considering the emerging policy framework in
decision making.
In terms of the weight that can be given to the original Submission Document of the
Cornwall Local Plan (and including the Schedule of Focussed Changes consulted upon in
September 2014) this remains limited until assessed at the Examination.
The retail policies were assessed at the Examination. The Inspector sought the inclusion
of the updated figures on retail capacity .These show reduced capacity going forward
and the Inspector highlighted the need for policies to ensure they were consistent with
the sequential approach in terms of wording. Proposed changes have been made and
published on the Examination web site to reflect these issues and subject to those
changes the retail policies should be given significant weight.
Penwith Local Plan 2004 (Saved Policies), and in particular:
GD1 - Integration with surroundings
GD2 - Development standards
GD4 - Drainage, pollution, flooding
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
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/04394
DATED: 30 November 2015
Phil Mason
Head of Planning and Regeneration
IDOX/R1FULZ
CS8 - Watercourses
Due to the age of the Penwith Local Plan the weight that can be attached to the policies
will depend to the degree they conflict and/or comply with the NPPF. The policies relating
to general design, location of development, ecology, employment and drainage all reflect
the NPPF and so can carry weight.
National Planning Policy Framework 2012, and in particular:
Presumption in favour of sustainable development, para 14
Core planning principles, para 17
Section 1 - Building a strong, competitive economy, paras 18 and 19
Section 2 - Vitality of town centres, paras 24, 26 and 27
Section 4 - Promoting sustainable transport, paras 32, 34, 35, 36 and 37
Section 7 - Requiring good design, paras 56, 57, 58, 60, 61, 64 and 66
Section 8 - Promoting healthy communities, para 69, 70 and 75
Section 10 - Climate change, flooding and coastal change, paras 96, 99, 100, 101 and
103
Section 11 - Conserving and enhancing the natural environment, paras 109, 111, 112,
118, 120 121, 123 and 125
Section 12 - Conserving and enhancing the historic environment, paras 128, 129, 131,
132, 133, 134, 135, 137 and 138
Planning conditions and obligations, paras 203-206
National Planning Policy Guidance March 2014
Cornwall Local Plan Strategic Policies 2010-2030 - Proposed submission document
(March 2014) and Schedule of Focussed Changes (September 2014) and in particular:
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.
17 - Health and wellbeing.
22 - Best use of land.
22A - Protection of the countryside
23 - Natural environment.
24 - Historic environment.
26 - Flood risk.
27 - Transport and accessibility.
28 - Infrastructure.
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/04394
DATED: 30 November 2015
Phil Mason
Head of Planning and Regeneration
IDOX/R1FULZ
PP2 - Hayle and St. Ives Community Network Area.
World Heritage Site Management Plan:
P3 - Protection of setting.
Cornwall Design Guide 2013
Hayle Neighbourhood Plan:
The Hayle Neighbourhood Plan is at an early stage in its evolution. It has reached the
'Area Designation' stage which means a Notice has been issued to confirm the
Neighbourhood Plan Area under the Regulations. At this stage all that is known is the
intention of a community to prepare a plan; there is little content to take into
consideration and, of relevance to the planning application process, detailed proposals
have not been widely consulted on and endorsed by the community. Very limited if any
weight can be given at this stage.
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/04394
DATED: 30 November 2015
Phil Mason
Head of Planning and Enterprise
R1FULZ
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Existing AP12022-P1 A received 11/05/15
Existing AP12022-P2 A received 11/05/15
Site/location Plan AP12022-P9 A received 11/05/15
Block Plan AP12022-P10 A received 11/05/15
Block Plan AP12022-P11 A received 11/05/15
Proposed AP12022-P13 A received 11/05/15Proposed AP12022-P14 A received 11/05/15Proposed AP12022-P15 A received 11/05/15Proposed AP12022-P16 A received 11/05/15Proposed AP12022-P17 A received 11/05/15Proposed AP12022-P18 A received 11/05/15Proposed AP12022-P19 A received 11/05/15Illustrative Purposes only AP12022-P20 A received 11/05/15Landscaping LS-01 A received 11/05/15Landscaping LS-02 A received 11/05/15Landscaping LS-03 A received 11/05/15ANY ADDITIONAL INFORMATION:The Local Planning Authority has acted positively and proactively in determining thisapplication by identifying matters of concern with this proposal. Members of the planningcommittee are not bound to accept the advice of officers. As officers advice has not beenfollowed, reasonable planning grounds have been given for taking a contrary decisionwhich is clearly set out in the reason for refusal. The issues are so fundamental that it isnot possible to negotiate a satisfactory way forward due to the harm that has beenclearly identified within the reason for refusal.NOTESAppeals to the Secretary of StateIf the applicant is aggrieved by the decision of the local planning authority to refuse permission forthe proposed development or to grant it subject to conditions, then they may appeal to theSecretary of State under section 78 of the Town and Country Planning Act 1990. If you want toappeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the dateof this notice in the case of householder appeals made in relation to applications submitted on orafter 6 April 2009). Appeals must be made to the Planning Inspectorate using a form which can beobtained 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 formmust also be submitted to the Council.The Secretary of State can allow a longer period for giving notice of an appeal, but he will notnormally be prepared to use this power unless there are special circumstances which excuse thedelay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems tohim that the local planning authority could not have granted planning permission for the proposeddevelopment or could not have granted it without the conditions they imposed, having regard tothe statutory requirements, to the provisions of any development order and to any directions givenunder a development order.In practice, the Secretary of State does not refuse to consider appeals solely because the localplanning authority based their decision on a direction given by him.Purchase NoticesIf either the local planning authority or the Secretary of State refuses permission to develop land orgrants it subject to conditions, the owner may claim that he can neither put the land to areasonably beneficial use in its existing state nor render the land capable of a reasonably beneficialuse 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 noticewill require the Council to purchase his interest in the land in accordance with the provisions ofPart 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 landand development as is already the subject of an enforcement notice, if you want to appeal againstyour local planning authority’s decision on your application, then you must do so within 28 days ofthe date of this notice. If an enforcement notice is served relating to the same or substantially thesame land and development as in your application and if you want to appeal against your localplanning authority’s decision on your application, then you must do so within 28 days of the date ofservice of the enforcement notice.

 

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