Comment submitted date: Wed 22 Apr 2020

Dear Mr Bainbridge
In response to the Hayle Town Council objection of 21st April 2020 please see our comments below:
In relation to planning policy we have undertaken extensive dialogue with Hayle Town Council and provided advice from a former senior legal counsel to Cornwall Council which demonstrated that the scheme is policy compliant.
We believe Cornwall Senior Management has written to HTC to support this advice and the advice of yourself.
We understand HTC has taken no advice in relation to any of their comments.
May we also take this opportunity to remind Hayle Town Council that the scheme has only received objections from one member of the Public.
We would like to advise Hayle Town Council that we have placed a separate document relating to Network Rail on the portal. The proposals have been modified to meet network rails requirements including the imposition of an easement for maintenance purposes.
Hayle Town Council makes 4 further comments, which have been answered previously.
1. The Development conforms to CLP 12-16 Noise and Air Quality. The design of the buildings will conform to the noise level recommended in the noise report. The development is not within an Air Quality Management Area (AQMA) or an Air Quality Area or Concern (AQAC).
2. Comments re Archaeological recording. We can confirm again to the Town Council that an archaeological assessment has been undertaken and a report has been submitted. The Council Archaeologist has been consulted and requested an archaeological recording condition.
3. The impact on the setting of the Scheduled Monument was considered and assessed within the submitted HIA. Historic England has been consulted by the Local Planning Authority and they considered the scheduled monument in their written response, they did not raise concerns and their concluding recommendation supported the development on heritage grounds.
4. In relation to Affordable Housing - An independent expert review was undertaken of the proposal which determined the level of contribution.
We would ask that Hayle Town Council allows due process to take place and recognise that we are not challenging the Hayle Neighbourhood plan as a piece of work. The Town Council should further recognise that in this instance the application is in conformity with wider land use policy, the consideration of which does not undermine the ongoing use of the Neighbourhood Plan as the public objector has alleged.
We would ask Hayle Town Council to reconsider their position in light of the clear factual information, as normal standing orders have been suspended and Councillors can be minded to change their views, if they so wish, when information which was relied upon is found to be incorrect.
We further respectfully ask that the Town Council accept and rely on recognised experts and factual information in this matter, and to reconsider and withdraw their objection.

Dear Mr Bainbridge,

The Network Rail objection relates to previous plans and subsequently the scheme has been redesigned for them to improve access. Therefore if Network Rail is not able to verify immediately, that their objection is no longer relevant; an option to secure access for Network Rail by way of an easement will be agreed.

Access

A 4 metre wide footpath and landscaping strip has been provided parallel with the viaduct, which provides access for maintenance purposes in excess of Network Rail's requested requirements (3 metres requested).

The gardens to two properties (in blocks 1 and 5) abut the viaduct piers. This does not preclude maintenance

Easement

Future access for maintenance purposes to these gardens will be provided to Network Rail by the imposition of an easement, which is standard industry standard practise to allow development to progress.