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110209 | ING | PA10/08142 Conclusions and Recommendations | Agenda Reports Pack (Public) 09/02/2011

Extract from Agenda Reports Pack (Public) 09/02/2011, 09:30 (Planning Officers Report to Strategic Planning Meeting of Cornwall Council Wednesday 9th February 2011)

 

12. Conclusion:

12.1 Sequentially there can be little doubt that South Quay is the most appropriate location for a supermarket given its position and potential links to Hayle town centre. Thus, in terms of the retail benefits to the town as a whole the development presents a major opportunity. Whilst it is acknowledged that whilst the proposal is located in a very sensitive location not least with regard to heritage, it must be appreciated that the site does have an extant planning permission for development which inevitably has the potential to significantly change South Quay. In this respect the principle of redevelopment and many of its associated facets has in effect already been accepted.

12.2 From a highway view point the advice clearly indicates that the proposed development will have potentially less impact than the extant permission which is an important consideration when considering the concerns express regarding highway capacity.

12.3 In terms of the regeneration of Hayle it is considered that the proposed development has considerable merit, and whilst there are still a number of issues to be resolved it is considered appropriate that the committee considers this application along with the other proposed supermarket proposals at this stage. Clearly the heritage issues are sensitive given the designations of the site, however a number of parties have indicated that there are still areas where negotiation may help to resolve/ minimise the scope for conflict. Given that the decision requires a balancing of the issues identified it is recommended that further work be carried to try and reduce the evident heritage concerns, and therefore tip the balance more strongly in favour of approval.

13. Recommendation:

13.1 That the matter is delegated to the Head of Planning and Regeneration to approve the proposal subject to:

13.2 The satisfactory completion of negotiations to include additional conditions where appropriate, in respect of the following details:-

• Design. • Delivery of the cinema. • Matters arising from Environmental Statement update • Conclusion of all Heads of Terms for the Section106 Agreement.

13.3 If in light of securing the revisions detailed above an objection is maintained by English Heritage the decision be referred to the Secretary of State (advising that the Council are minded to approve the application) and if not "called in" by the Secretary of State, the development will be approved subject to the completion of a Section 106 Agreement to secure amongst other things

• The funding of appropriate foul drainage works to serve the development. • The funding of highways improvement works to mitigate traffic increased arising from the development. • Transfer of the Pattern Shed and Cart Shed land • Delivery of repairs to South Quay walls.

13.4 The following conditions, or similar conditions and appropriate additional conditions arising from further negotiations, to be agreed with the Head of Legal Service in consultation with the Chairman and Vice Chairman of the Strategic Planning Committee.

14. Conditions:

1. The element of the development the subject of the full application hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The works hereby authorised shall be begun not later than three years from the date of this consent.
Reason: In accordance with the requirements of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

3. Approval of the details of landscaping, layout, scale and appearance (hereinafter called ‘the reserved matters’) shall be obtained from the Local Planning Authority in writing before any development is commenced and shall be carried out as approved.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and in accordance with the requirements of Articles 1 and 3 of the Town and Country Planning (General Development Procedure) Order 1995 (as amended).

4. Application for approval of all the reserved matters shall be made to Cornwall the Local Planning Authority before the expiration of three years from the date of this permission.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and in accordance with the requirements of Articles 1 and 3 of the Town and Country Planning (General Development Procedure) Order 1995 (as amended).

5. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and in accordance with the requirements of Articles 1 and 3 of the Town and Country Planning (General Development Procedure) Order 1995 (as amended).

6. The development hereby permitted shall be undertaken in accordance with the drawings hereby approved, namely drawing (to be inserted on conclusion of negotiations).
Reason: To ensure that the development is undertaken in accordance with the approved details in the interests of good planning. 7. No development shall commence, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors (ii) loading and unloading of plant and materials (iii) storage of plant and materials used in constructing the development (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate (v) wheel washing facilities (vi) measures to control the emission of dust and dirt during construction (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works (viii) hours of working (ix) site compound details The development shall be constructed in accordance with the Construction Method Statement.
Reason: To ensure that the development is undertaken in a manner which reduces any potential adverse impact upon residential amenities currently enjoyed by existing residents in the locality in accordance with saved Policy 3 of the Cornwall Structure Plan 2004.

8. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until criteria 1 to 5 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until criteria 5 has been complied with in relation to that contamination.

Criteria 1: Preliminary risk assessment/desk study A preliminary risk assessment/desk study identifying: (i) All previous uses (ii) Potential contaminants associated with those uses (iii) A conceptual model of the site indicating sources, pathways and receptors (iv) Potentially unacceptable risks arising from contamination at the site must be undertaken by competent persons and a written report of the findings produced. The written report is subject to the approval, in writing, of the Local Planning Authority.

Criteria 2: Site characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval, in writing, of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval, in writing, of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health; property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; adjoining land; groundwaters and surface waters; ecological systems; archaeological sites and ancient monuments. (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Criteria 3: Submission of remediation scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be submitted to and approved in writing, by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Criteria 4: Implementation of approved remediation scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Criteria 5: Reporting of unexpected contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of criteria 2, and where remediation is necessary, a remediation scheme must be prepared in accordance with the requirements of criteria 3, which is subject to the approval, in writing, of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with criteria 4.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the aims and intentions of saved Policy 3 of the Cornwall Structure Plan 2004 and in accordance with the guidance contained in PPS23 entitled Planning and Pollution Control published November 2004.

9. Before commencement of any works on site, including ground preparation works a Construction Environment Management Plan (CEMP) shall have been submitted to and approved in writing by the local planning authority and the approved development shall be carried out in accordance with the approved CEMP.
Reason: To ensure proper management of the environmental impacts of the approved development during all construction phases. Before commencement of any works on site, including ground preparation works a Site Waste Management Plan (SWMP) shall have been submitted to and approved in writing by the local planning authority and the approved development shall be carried out in accordance with the approved SWMP.
Reason: To ensure proper management of the environmental impacts of the approved development during all construction phases.

10. No development approved by this permission shall be commenced until details of a scheme for the provision of surface water management has been submitted to and approved in writing by the Local Planning Authority. The details shall include: Details of the drainage during the construction phase; Details of the final drainage scheme; Provision for the exceedance pathways and overland flow routes; A timetable for construction; A construction quality control procedure; A plan for the future maintenance and management of the system and overland flow routes. Prior to occupation of the site, the relevant parts of the scheme have been completed in accordance with the details and timetable agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless as otherwise approved in writing by the Local Panning Authority.
Reason: To avoid flooding and ensure that the development is drained in a manner which is compatible with best practice and the need to address climate change and in accordance with the aims and intentions of saved Policies 1 and 3 of the Cornwall Structure Plan 2004

11. Prior to the commencement of development, full details of foul drainage, including details of grease and fat interceptors, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to commencement of use and maintained thereafter, unless permission for a variation is first obtained in writing from the Local Planning Authority.
Reason: To ensure the development is adequately served by foul drainage in accordance with saved Policy 3 of the Cornwall Structure Plan 2004.

12. Before first commencement of any of the uses hereby permitted a scheme to prevent an increase in risk of flooding within Foundry Square due to the removal of part of the boundary wall between Isis Gardens and the B3301 to provide a pedestrian link to Foundry Square shall be submitted to and agreed in writing by the local planning authority and the pedestrian link shall have been created in accordance with the approved scheme before first commencement of any of the uses hereby permitted.
Reason: To prevent an increase in off-site flood risk and to ensure the delivery of the pedestrian link to Foundry Square in accordance with the approved scheme which is in part made acceptable by the improved pedestrian linkage to Foundry Square.

13. Before any of the development hereby permitted is brought into use, parking and turning areas shall be laid out and constructed in accordance with approved drawing no. (to be inserted on conclusion of negotiations) ;l and the said areas shall not thereafter be obstructed or used for any other purpose unless permission for a variation is first obtained in writing from the Local Planning Authority.
Reason: To ensure adequate parking and turning facilities off the adjoining highway and in accordance with policies saved policy 28 of the Cornwall Structure Plan 2004.

14. No development shall take place until detailed plans have been submitted to and approved in writing by the Local Planning Authority relating to line, level and layout of off-site highway works to service the site, the proposed road junction and associated means of construction and surface water drainage. The approved access road junction shall be laid out and constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highways Act 1980 prior to the first occupation of any part of the development and retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of maintaining a safe and efficient highway network and in accordance with saved Policy 28 of the Cornwall Structure Plan 2004.

15. No development shall commence until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved in the first planting season following the first use of the retail building, or the completion of the development hereby approved, whichever is the sooner. The hard landscaping details shall include proposed finished ground levels or contours; means of enclosure; car parking layout; other vehicle and pedestrian access and circulation areas; and hard surfacing materials, minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.) The soft landscape works details shall include planting plans; written specifications; schedules of plants noting species, plant sizes and proposed numbers/ densities where appropriate; implementation plan. All hard and soft landscape works shall be carried out in full accordance with the approved details. Any trees or plants which within a period of five years from the completion of the development which die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of visual and residential amenity and in accordance with the aims and intentions of saved Policies 1 and 2 of the Cornwall Structure Plan 2004

16. There shall be no outside storage of goods, equipment or any other articles on the site otherwise than in defined screened areas. Details of the location and screening of these areas shall be submitted to and approved in writing by the Local Planning Authority before the development hereby permitted is commenced and they shall be completed in accordance with the approved details before the development is first brought into use. Thereafter there shall be no change in the location and/or screening of these areas without the prior written approval of the Local Planning Authority.
Reason: In the interests of visual amenity and in accordance with saved Policies 1 and 2 of the Cornwall Structure Plan 2004.

17. No development shall commence until details of the materials to be used in the construction of the external surfaces of the doors, walls, including retaining walls, and roof of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity and in accordance with the aims and intentions of saved Policies 1 and 2 of the Cornwall Structure Plan 2004.

18. No development shall commence until a sample panel(s) of the external walling at least one metre square, showing the proposed coursing, method of pointing and colour of mortar, texture, and colour finish as appropriate been erected on the site and subsequently approved in writing by the Local Planning Authority, and the natural stone walls of the development hereby permitted (including the retaining wall) shall be constructed in the same way as the approved panel.
Reason: In the interests of visual amenity and in accordance with the aims and intentions of Policies 1 and 2 of Cornwall Structure Plan 2004.

19. The retail units hereby permitted shall only operate as single units with no vertical or horizontal sub division.
Reason: In order to protect the vitality and viability of Hayle town centre in accordance with saved Policy 14 of the Cornwall Structure Plan 2004.

20. The net retail sales area of the permitted supermarket shall not exceed 2550 square metres, with no more than 35% (892 square metres) of the net sales area to be used for the sale of comparison goods.
Reason: In order to protect the vitality and viability of Hayle town centre in accordance with saved Policy 14 of the Cornwall Structure Plan 2004.

21. Prior to installation, full details of any proposed external lighting shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented in accordance with the approved details before the use commences and retained thereafter unless varied by prior written approval of the Local Planning Authority.
Reason: In the interests of protecting occupiers of residential properties in the area from excessive light pollution and in accordance with saved Policy 3 of the Cornwall Structure Plan 2004.

22. Before commencement of any works on site, including ground preparation works a Construction Traffic Management Plan (CTMP) shall have been submitted to and approved in writing by the local planning authority and the approved development shall be carried out in accordance with the approved CTMP.
Reason: To ensure proper management of the environmental impacts of the approved development during all construction phases and to minimise any adverse impacts on the safe and efficient use of the local and strategic highway networks.

23. The development shall be implemented in accordance with the submitted Green Travel plan. The Green Travel Plan shall be reviewed and updated and sent to the Local Planning Authority on an annual basis. If the Local Planning Authority give notice in writing within 2 weeks of receipt of the updated travel plan that it is not approved, then the development shall continue to be implemented in accordance with the last approved version of the Green Travel Plan until such time as a new updated version is accepted by the Local Planning Authority. Reason: (i) to ensure that traffic generation is minimised and reduced over time in the interests of general amenity and sustainability; (ii) to safeguard the free flow and safety of traffic and pedestrians using the adjoining highways. 24. Before the development hereby permitted is commenced details of the method of waste storage/disposal from the proposed use shall be submitted to and approved in writing by the Local Planning Authority. Following the development being brought into use the said details as approved shall be implemented and retained thereafter unless varied by prior written approval of the Local Planning Authority.
Reason: In the interest of the visual amenities of the area and to avoid the adverse effects of odour upon occupiers of adjacent land in accordance with saved Policy 3 of the Cornwall Structure Plan 2004.

25. No development shall take place within the site until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation to be submitted by the applicant and approved in writing by the Local Planning Authority.
Reason: In the interest of recording and protecting the historic environment in accordance with saved Polices 1 and 2 of the Cornwall Structure Plan 2004.

Background Papers: 1. GVA Grimley Report 2. List of Definitions

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