From: Bainbridge Peter
Sent: 04 July 2017 12:11
To: 'Roger Birtles'
Subject: RE: Land at Marsh Lane, Hayle

Dear Roger

Thanks for your email.

I would agree with your interpretation and that the hoardings would not require planning permission from the Council. However as you ’’ ll no doubt appreciate this is my view and is not binding on the Council. If you require the definitive view of the Council you would have to apply for a Certificate of Lawfulness.

Dear Peter,

When we spoke on Friday of last week, I mentioned to you that my clients now wish to hoard this site prior to the commencement of any construction works. In my opinion the erection of a hoarding around the site would not require planning consent. This is because:-

§ Erection of a hoarding (without any advertisement on it) would fall to be permitted development under Class A of Part 4 of the General Permitted Development Order.

There is obviously a consent in place for operational development (which is now free from the JR period) and that part of the Order allows ‘‘ buildings, moveable structures, works, plant or machinery ’’ required temporarily while operations taken place. It is under this provision, I believe, that hoardings for construction sites are normally erected.

If, of course, the hoarding were to include an advert it would require advertising consent. That is not the intention in this instance.

Therefore, I think the position is that we can erect a hoarding but if we were to want an advert on it, it would need advertising consent. I think from our conversation you were of a similar view that we could hoard the site without requiring planning consent and perhaps, if you agree with my view in this email, you would be kind enough just to drop me an email back confirming as much.

Many thanks,

Roger Birtles

Director

15 Buckingham Gate, London, SW1E 6LB

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