Please note this has been run through an OCR - for the original please refer to http://planning.cornwall.gov.uk:8181/rpp/showimage.asp?j=PA10/08142&index=11488419&DB=8&DT=4

Grant of Planning Permission

CORNWALL COUNCIL, being the Local Planning Authority, HEREBY GRANTS CONDITIONAL PERMISSION, subject to the conditions set out on the attached schedule, for the development proposed in the following application received on 10 December 2010 and accompanying plan(s):

Description of Development:

Full planning permission for the erection of a foodstore (A1) with an A2 unit, 3 non-food units (A1), 2 small retail units for shop / restaurant purposes (A1 or A3); the creation of a new public realm including quayside promenade and public open space, associated infrastructure including the construction of a raised development platform and related flood prevention measures, new highway junction on Carnsew Road and improvements to the existing highway, car parking and servicing arrangements, and access to the residential development to the north of the quay. Outline planning permission for the erection of 30 residential units, the construction of a new restaurant (A3), associated infrastructure including estate roads, car parking and amenity spaces, the erection of a new pedestrian footbridge over Penpol Creek, and the creation of improved pedestrian access and landscaping proposals to enhance Isis Garden.

Location of Development: South Quay, Hayle, Cornwall

Parish: Hayle

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

DATED: 8 May 2012
IDOX/ACFULZ

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08142

CONDITIONS:

1. The elements of the development subject to 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. With regard to the outline elements of the application hereby permitted: Approval of the details of landscaping, layout, scale and appearance of any building or structure to be erected (hereinafter called `the Reserved Matters’) shall be obtained from the local planning authority in writing for each phase of development before any development of those elements for the relevant phase 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).
   
   
3. Application for approval of all the Reserved Matters shall be made to the local planning authority before the expiration of five 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).
   
   
4. The outline elements of the development hereby permitted shall be begun either before the expiration of five 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).
   
   
5. The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans Referred to in Consideration of this Application".
   
   Reason: For the avoidance of doubt and in the interests of proper planning.
   
   
6. No Development shall occur until a Phasing Plan has been submitted to and approved in writing by the local planning authority. The submitted phasing plan shall include:
   (i) the area of the phase;
   (ii) details of the development proposed within each phase;
   (iii) a delivery programme that also indicates any dependencies within a phase that will trigger the submission of details on the subsequent phase or phases or the need for further approvals from the Council or Agencies.
   The Development will be carried out in accordance with the approved Phasing Plan.
   
   Reason: To ensure coordinated and integrated land use planning.
   
   
7. No Development, including site preparation works or engineering operations for any phase of the development shall commence until a Construction Method Statement for that phase 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) areas for the loading and unloading of plant and materials
   (iii) secure 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 Each phase of development shall be constructed in accordance with the Construction Method Statement for that phase.
   
   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. No phase of development other than that required to be carried out as part of an approved scheme of remediation will commence until criteria 1 to 5 have been complied with for that phase. 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 for that phase 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 relevant part of 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 relevant part of 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 for the relevant phase other than that required to carry out remediation. 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 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 for the relevant part of the site 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.
   
   
9. No phase of the Development, including site preparation works or engineering operations shall commence on site, including ground preparation works until a Construction Environment Management Plan (CEMP) for that phase 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.
   
   
10. No phase of the Development, including site preparation works or engineering operations shall commence on site, including ground preparation works until a Site Waste Management Plan (SWMP) for that phase 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.
    
    
11. No phase of the development shall be commenced until details of a scheme for the provision of surface water management for that phase has been submitted to and approved in writing by the local planning authority. The details shall include:
    (i) Details of the drainage during the construction phase;
    (ii) Details of the final drainage scheme;
    (iii) Provision for the exceedance pathways and overland flow routes;
    (iv) A timetable for construction;
    (v) A construction quality control procedure;
    (vi) A plan for the future maintenance and management of the system and overland flow routes.
    Prior to occupation of the site of the relevant phase of development, the relevant parts of the scheme shall 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.
    
    
12. No phase of the development shall be commenced until full details of foul drainage, including details of grease and fat interceptors, for that phase shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to commencement of use of the relevant phase and maintained thereafter.
    
    Reason: To ensure the development is adequately served by foul drainage in accordance with saved Policy 3 of the Cornwall Structure Plan 2004.
    
    
13. No opening of the Supermarket for trade to the public shall take place until the landscaping and flood defence works at Isis Garden is completed in accordance with details which shall have been previously submitted to and approved in writing by the local planning authority.
    
    Reason: To ensure the delivery of attractive, convenient and safe routes and public realm which link the development to Foundry Square and to ensure that the existing level of flood protection is not reduced.
    
    
14. No construction of any phase of the development hereby permitted shall commence until there has been submitted to and approved in writing by the local planning authority (who shall consult with the Highways Agency acting on behalf of the Secretary of State for Transport) a construction traffic management plan for that phase. The plan shall include details of construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of Public Transport amongst contractors.
    
    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. To minimise the impact of construction on the safety and operation of the A30(T).
    
    
15. No opening for trade to the public of any of the retail uses hereby permitted shall take place until the highway improvements to Foundry Square roundabout and approach lanes shall have been implemented in accordance with a scheme which shall have been submitted to and approved in writing by the local planning authority.
    
    Reason: To ensure the mitigation of the impact of the increased vehicular traffic on the local road network which will occur due to the opening of the retail uses.
    
    
16. No phase of development shall commence until details of the parking and turning areas within South Quay and Foundry Yard for that phase, including details of the phased provision of these areas, shall be submitted to and approved in writing by the local planning authority and the development shall be implemented in accordance with the approved phasing details. The parking and turning 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.
    
    
17. No development shall commence 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 before the first occupation of any part of the development and retained as such thereafter.
    
    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.
    
    
18. No occupation of any part of the development within each phase shall take place until such time as a Phase Travel Plan has been submitted to and subsequently approved in writing by the local planning authority (who shall consult with the Highways Agency acting on behalf of the Secretary of State for Transport) for that phase. Each phase shall be constructed and operated in accordance with the relevant Phase Travel Plan
    
    The Phase Travel Plans will need to be prepared in line with prevailing policy and also include the measures set out within the approved Framework Travel Plan (August 2009), and shall therefore include as a minimum:
    (i) the appointment of a travel plan co-ordinator;
    (ii) the identification of targets for trip reduction and modal shift for that development area;
    (iii) the methods to be employed to meet these targets;
    (iv) the mechanisms for monitoring and review;
    (v) the mechanisms for reporting;
    (vi) the penalties to be applied, as identified in the approved Framework Travel Plan (August 2009), in the event that targets are not met;
    (vii) the mechanisms for mitigation;
    (viii) implementation of the Phase Travel Plan to an agreed timescale or timetable and its operation thereafter;
    (ix) mechanisms to secure variations to the Phase Travel Plan following monitoring and reviews.
    
    A review of the targets shall be undertaken within 3 months of the first occupation of the development within each phase and on an annual basis thereafter, at the time of submission of an Annual Travel Plan Report.
    
    Reason: To protect the operation of the A30 through the implementation of sustainable travel objectives for the site, and ensure that they are met and maintained.
    
    
19. Before any of the retail uses hereby approved first open for trade a Parking Management Strategy for the supermarket and retail units at Foundry Yard, including details of staff parking shall have been submitted to and approved in writing by the local planning authority. The approved Parking Management Strategy shall be implemented and maintained throughout the lifetime of the supermarket.
    
    Reason: To ensure that car parking shall be available for a suitable length of time to enable linked trips to Foundry Square to support the viability and vitality of the Foundry town centre and to encourage activity within the public realm on South Quay in accordance with the aims and objectives of paragraph 23 of the National Planning Policy Framework.
    
    
20. Before any of the retail uses hereby approved first opens for trade, an improved bus stop infrastructure, including the provision of real-time bus information, shall be provided in accordance with details which shall have previously been submitted to and agreed in writing by the local planning authority.
    
    Reason: To ensure that the development maximises opportunities for convenient access via alternatives to the private car in accordance with Cornwall Structure Plan policies 27 and 28.
    
    
21. No phase of development incorporating retail uses shall commence until details of the pedestrian routes from the supermarket hereby permitted via Isis Garden to Foundry Square and from the supermarket to Penpol Terrace shall be submitted to and approved in writing by the local planning authority and the pedestrian routes shall be delivered in accordance with the approved details before any retail use on South Quay or Foundry Yard first opens for trade.
    
    Reason: To ensure that the development creates safe and convenient pedestrian links between the site and Foundry Square and Penpol Terrace to ensure linked trips on foot between the site and the Foundry town centre to support vitality and viability in accordance with the aims and objectives of paragraphs 23 and 32 of the National Planning Policy Framework.
    
    
22. The supermarket car park shall be available to members of the public to leave their vehicle for a period of not less than 3 hours free of charge during the supermarket trading hours of 09:00 to 17:30.
    
    Reason: To encourage linked trips to businesses and services outside the site to support vitality and viability within Hayle in accordance with the aims and objectives of paragraph 23 of the National Planning Policy Framework.
    
    
23. No development for any phase shall commence until full details of the hard landscaping works, including phasing proposals for that phase, have been submitted to and approved in writing by the local planning authority and these works shall be implemented in accordance with the approved details and phasing unless otherwise agreed in writing by the local planning authority. 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 and finishes, minor artefacts and structures (e.g. furniture, public art, refuse or other storage units, proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.)
    
    Reason: In the interests of visual amenity and to protect the character and significance of heritage assets in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Policies 1 and 2 of the Cornwall Structure Plan 2004 and policy 7b of the World Heritage Site Management Plan.
    
    
24. No development for any phase shall commence until full details of soft landscape works, including a phasing plan and implementation plan for that phase have been submitted to and approved in writing by the local planning authority and these works shall be carried out in accordance with the approved details and phasing and implementation plans. The soft landscape details shall include planting plans; written specifications; schedules of plants noting species, plant sizes and proposed numbers and densities. All 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 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.
    
    
25. Before the first commencement of the uses for each phase of development hereby permitted details of the method of waste storage/disposal from the proposed uses for that phase shall be submitted to and approved in writing by the local planning authority. Any waste storage/disposal shall be carried out in accordance with the approved scheme.
    
    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.
    
    
26. Pursuant to Condition 5 above the Reserved Matters application(s) for any phase of development hereby granted outline consent shall include details of the method of waste storage/disposal from the proposed uses for that phase of development. Following the uses permitted for each phase being first commenced the said details as approved shall be implemented and retained thereafter.
    
    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.
    
    
27. Within 3 months of the commencement of each phase of development and with regard to those aspects of the development granted full planning consent details of the external materials to be used for that phase of development including details of the doors, windows, rain goods, walls, including retaining walls, and roofs of the buildings hereby permitted shall be submitted to and approved in writing by the local planning authority. The development shall be carried out and completed in accordance with the approved details and retained as such thereafter.
    
    Reason: In the interests of visual amenity and to protect the character and significance of heritage assets in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Policies 1 and 2 of the Cornwall Structure Plan 2004 and policy 7b of the World Heritage Site Management Plan.
    
    
28. Within three months of commencement of development each phase of development and with regard to those aspects of the development granted full planning consent a sample panel(s) of the external walling at least one metre square, showing either the render colour and finish, cladding or the proposed stone or brick coursing, method of pointing and colour of mortar, texture, and colour finish as appropriate for that phase shall be erected on the site and subsequently approved in writing by the local planning authority. The development hereby permitted (including the retaining walls) shall be constructed in the same way as the approved panel.
    
    Reason: In the interests of visual amenity and to protect the character and significance of heritage assets in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Policies 1 and 2 of the Cornwall Structure Plan 2004 and policy 7b of the World Heritage Site Management Plan.
    
    
29. Pursuant to Condition 5 above, no phase of development shall commence with regard to those aspects of the development granted Reserved Matters consent until a sample panel(s) of the external walling at least one metre square, showing either the render colour and finish, cladding or the proposed stone or brick coursing, method of pointing and colour of mortar, texture, and colour finish as appropriate for that phase has been erected on the site and subsequently approved in writing by the local planning authority. The development hereby permitted (including the retaining walls) shall be constructed in the same way as the approved panel.
    
    Reason: In the interests of visual amenity and to protect the character and significance of heritage assets in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Policies 1 and 2 of the Cornwall Structure Plan 2004 and policy 7b of the World Heritage Site Management Plan.
    
    
30. The net retail sales area of the permitted supermarket shall not exceed 2550 (two thousand five hundred and fifty) square metres, with no more than 20% (510 square metres) of the net sales area to be used for the sale of comparison goods. For avoidance of doubt net retail sales area means all areas of the store to which the public has access but excludes the lobby area, tills, areas behind counters, restaurant and toilets.
    
    Reason: In order to protect the vitality and viability of Hayle town centres in accordance with saved Policy 14 of the Cornwall Structure Plan 2004.
    
    
31. The three A1 Use Class retail units on Foundry Yard shall only sell non-food items.
    
    Reason: In order to protect the vitality and viability of Hayle town centres in accordance with saved Policy 14 of the Cornwall Structure Plan 2004.
    
    
32. The supermarket hereby approved shall be provided with both public entrances as shown on plan reference 1606/P/102 dated July 2011, and both entrances shall be fully available for use by customers visiting the approved supermarket at all times when the supermarket is open for trade, save for any closure of an entrance reasonably required for maintenance purposes and such required maintenance shall be carried out in a timely manner.
    
    Reason: To ensure the supermarket provides a legible and convenient link to Foundry Square to encourage linked trips which will support the viability and vitality of Foundry town centre and encourage access to the supermarket by means other than by the private car.
    
    
33. Before commencement of use of each of the retail or restaurant units hereby approved, the opening hours and delivery times of those retail or restaurant uses shall be submitted to and approved in writing by the local planning authority. The delivery times and opening hours shall thereafter accord with the agreed times.
    
    Reason: In the interests of residential amenity.
    
    
34. Pursuant to Condition 5 above, the Reserved Matters application for any phase of development for which outline planning consent has been granted shall include details of the proposed street, car park and public realm lighting for that phase including a strategy for the minimisation of light spill from the site for the areas of the site. The approved details shall be implemented before first occupation of the residential uses for that phase hereby permitted and thereafter retained in accordance with the approved details.
    
    Reason: To minimise light spill from the site which would otherwise harm the setting and character of the Hayle Conservation Area and the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 125 and 131 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and World Heritage Site Management Plan policy 8b.
    
    
35. Before any phase of development for which full planning consent has been granted commences details of the proposed street, car park and public realm lighting for the areas of the site for that phase, including a strategy for the minimisation of light spill from the site shall be submitted to and approved in writing by the local planning authority The approved details shall be implemented before first opening of the retail uses for that phase hereby approved to members of the public and retained in accordance with the approved details.
    
    Reason: To minimise light spill from the site which would otherwise harm the setting and character of the Hayle Conservation Area and the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 125 and 131 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and World Heritage Site Management Plan policy 8b.
    
    
36. Before any of the retail uses hereby approved within each phase opens for trade a Signage Strategy for that phase, including highway signage shall have been submitted to and agreed in writing by the local planning authority.
    
    Reason: To ensure that the signage minimises street clutter and respects the character of the World Heritage Site in accordance with the aims and objectives of paragraphs 67 and 131 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 8b.
    
    
37. Archaeological Mitigation
    A) No Development, including site preparation works or engineering operations for any phase shall take place/commence until a programme of archaeological work for that phase including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:
    1. The programme and methodology of site investigation and recording
    2. The programme for post investigation assessment
    3. Provision to be made for analysis of the site investigation and recording
    4. Provision to be made for publication and dissemination of the analysis and records of the site investigation
    5. Provision to be made for archive deposition of the analysis and records of the site investigation
    6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
    B) No Development, including site preparation works or engineering operations for that phase shall take place other than in accordance with the Written Scheme of Investigation approved under condition 38 (A).
    C) No phase shall be occupied until the site investigation and post investigation assessment for that phase has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 38 (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. 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.
    
    
38. No Development, including site preparation works or engineering operations for any phase shall commence within the site until the applicant has secured and implemented a programme of archaeological work for that phase in accordance with a written scheme of investigation to be first submitted (by the applicant) to and approved, in writing, by the local planning authority. The written scheme of investigation shall include the following details where relevant: The precise location, depths and construction methods of proposed new quay walls, car-park and access roads including associated servicing; detailed proposals will also be necessary for those parts of the housing and commercial scheme that affect stretches of buried quay wall on the west side of South Quay. Reason: In the interest of recording and protecting the historic environment in accordance the aims and objectives of paragraphs 128 and 141 of the National Planning Policy Framework and the saved Polices 1 and 2 of the Cornwall Structure Plan 2004.
    
    
39. No Development, including site preparation works or engineering operations for any phase shall commence until a construction engineering methodology statement relating to the viability of the protection of sub-surface designated heritage assets affected by that phase during the construction and operational phases of development shall be submitted to and approved in writing by the local planning authority. There shall be no deviation from the approved methodology statement unless full details of the proposed deviation have been previously submitted to and approved in writing by the local planning authority.
    
    Reason: To protect the fabric of sub-surface designated heritage assets from harm during the construction and operational phases of the development hereby approved in accordance with the aims and objectives of paragraph 128 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policies 4c and 7c.
    
    
40. No phase of development shall commence until a methodology statement for that phase, including a programme of works detailing the extent of the works for the repair and restoration of the quay walls within that phase (if any) has been submitted to and approved in writing by the local planning authority. The development for that phase shall be carried out and thereafter maintained in accordance with the approved details before any of the retail uses within that phase hereby permitted commence or residential dwellings are occupied.
    
    Reason: To ensure the conservation and repair of the historic fabric of these listed quays to ensure the protection of the character of the listed buildings and the authenticity and integrity of the World Heritage Site in accordance with the aims and objectives of paragraph 128 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 8a.
    
    
41. Before the supermarket hereby approved first opens for trade to members of the public, that part of the Carnsew Dock shown hatched black on attached Plan No. 1606/P/005 shall have been excavated, exposed and repaired in accordance with a methodology statement which shall also include methodology for maintenance and which shall have previously been submitted to and approved in writing by the local planning authority. There shall be no deviation from the approved methodology statement.
    
    Reason: To protect the character, fabric and setting of the listed quay walls and to protect the historic character and distinctiveness of the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 8b.
    
    
42. Before commencement of development, details of the materials, finish and method of construction, including details of the foundation and junction with listed quay walls, of the new quay wall at Carnsew channel and an appraisal of the method of removing this new quay wall shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved details.
    
    Reason: To protect the character, fabric and setting of the listed quay walls and to protect the historic character and distinctiveness of the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 58 and 131 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 8b.
    
    
43. Within 6 months of the date of commencement of development, unless this timescale is otherwise agreed in writing by the local planning authority, details of the methods for providing interpretation of the history of the site, heritage assets within the site and the sites relationship with the wider Conservation Area and World Heritage Site as well as a scheme of implementation shall be submitted to the local planning authority for approval in writing. In the event that the details required by this condition have not been submitted in writing to the Local Planning authority then all further development on site shall cease until the details have been submitted to and approved in writing by the local planning authority.
    
    Reason: To promote a better understanding of the values and significance of the heritage assets within the site and their contribution to the Outstanding Universal Values of the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 137 and 141 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 11b.
    
    
44. Within 6 months of supermarket first opening to the public for trade the approved interpretation scheme shall be fully implemented and thereafter maintained in accordance with the approved details. In the event that the interpretation scheme required by this condition has not been implemented within the said time limit then all further development on site shall cease until the scheme has been implemented.
    
    Reason: To ensure delivery of the scheme required to promote a better understanding of the values and significance of the heritage assets within the site and their contribution to the Outstanding Universal Values of the Cornwall and West Devon Mining Landscape World Heritage Site in accordance with the aims and objectives of paragraphs 137 and 141 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 11b.
    
    
45. Before commencement of construction of roads and public realm within the site details of vehicular access including a management plan for emergency vehicles, to the quayside during the operational phase of the development, details of trolleys for the use of boat users, trolley storage and other facilities for boat users together with a phased scheme for implementation shall have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented in accordance with the agreed scheme and thereafter retained.
    
    Reason: To ensure the ongoing access to the quayside for boat users in accordance with Cornwall Structure Plan policy 4 and in the interests of maintaining the character of the harbour in accordance with the aims and objectives of paragraphs 131 and 137 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and the World Heritage Site Management Plan policy 8b.
    
    
46. No development, including site preparation works or engineering operations for any phase shall commence until details of the transitional arrangements for the relocation of South Quay mooring users affected by that phase of development shall be submitted to and approved in writing by the local planning authority.
    
    Reason: To ensure the ongoing provision of mooring facilities in accordance with Cornwall Structure Plan policy 4.
    
    
47. No opening of the Supermarket for trade to the public shall take place until the Carnsew mitre gate sluice (Carnsew No 1 sluice and the Carnsew sluice tunnels (Carnsew No 2 -"Blackhouses Sluice") shall have been repaired and reinstated to a working and operational condition that has previously been agreed in writing with the local planning authority.
    
    Reason: To ensure the delivery of the reintroduction of sluicing within the harbour to provide public benefits which outweigh the harm to the significance of heritage assets and the harm to the Outstanding Universal Value of the World Heritage Site in accordance with the aims and objectives of paragraphs 131 and 137 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and World Heritage Site Management Plan policies 7c and 8d
    
    
48. Within six months of the Supermarket opening for trade to the public, a sluicing regime including details of the operation, maintenance and schedule of repairs of the sluice gate and sluice tunnel infrastructure shall have been submitted to and agreed in writing by the local planning authority. In the event that details of the operation, maintenance and schedule of repairs of the sluice gate and sluice tunnel infrastructure are not provided within 6 months of the Supermarket opening no further development shall take place on the site until the local planning authority receives such details.
    
    Reason: To ensure the delivery of the reintroduction of sluicing within the harbour to provide public benefits which outweigh the harm to the significance of heritage assets and the harm to the Outstanding Universal Value of the World Heritage Site in accordance with the aims and objectives of paragraphs 131 and 137 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and World Heritage Site Management Plan policies 7c and 8d.
    
    
49. No phase of development shall commence until a plan and public access scheme detailing the areas of the site within that phase, that are publicly accessible, including any public rights of way over privately controlled land shall be submitted to and approved in writing by the local planning authority. The publicly accessible areas and rights of way within that phase shall become accessible upon the first occupation of any building within that phase and remain open to members of the public in accordance with the approved scheme and subject to the following permitted closures
    (i) where the owner of the publicly accessible area requires closure or restriction of access for events on that area where temporary closure is required for any reason including the levying of a charge for attendance;
    (ii) where in the opinion of the owner of the publicly accessible area closure is necessary in the interests of public safety or is required for the purposes of essential maintenance, repair, cleansing, renewal or resurfacing works within the area in question or for any other reason or proper purpose;
    (iii) where in the opinion of the owner of the publicly accessible area such closure is necessary for the purposes of carrying out works for construction (including development or redevelopment or for the placing or replacing of underground services) on the application site or adjoining land;
    (iv) in the case of emergency where such closure is necessary in the interests of public safety or otherwise for reasons of public safety;
    (v) closure for a maximum of one day per year to assert rights or proprietorship preventing public rights from coming into being by means of prescription or other process of law; and
    (vi) where permitted or required by the Hayle Harbour Master pursuant to any Hayle Harbour Byelaw from time to time in force.
    ( vii) For any other reason which the approved details of the public access scheme may permit.
    
    Reason: To ensure an inclusive and permeable public realm which will encourage activity and vibrancy within the site to the benefit of the understanding of the World Heritage Site by visitors and to support the viability and vitality of the Foundry town centre in accordance with the aims and objectives of paragraphs 23, 32 and 75 of the National Planning Policy Framework and World Heritage Site Management Plan policy 11b.
    
    
50. Pursuant to condition 49 above, no phase of the Development shall commence until a Long Term Stewardship and Management Plan for the open space and public realm including details of any equipment and facilities within that phase has been submitted to and approved in writing by the local planning authority. The open space and public realm shall thereafter be managed in accordance with the approved Long Term Stewardship and Management Plan.
    
    Reason: To ensure the character and appearance of the World Heritage Site and Hayle Conservation Area are protected in accordance with the aims and objectives of paragraphs 131 and 137 of the National Planning Policy Framework, the saved Cornwall Structure Plan policy 2 and World Heritage Site Management Plan policy 8a.
    
51. Before any of the retail or restaurant uses commence a town centre health check for both the Copperhouse and Foundry town centres shall be carried out and further town centre health checks for the Copperhouse and Foundry town centres shall be completed on an annual basis for a period of 3 years beginning from one year from the opening of the supermarket hereby permitted and all resulting reports shall be submitted to the local planning authority.
    
    Reason: To monitor the impact of the development on the viability and vitality of the Copperhouse and Foundry town centres in accordance with aims and objectives of saved Policy 15 of the Cornwall Structure Plan.
    
52. No development shall be commenced until full details of a Local Employment Partnership including an implementation plan has been submitted to and approved in writing by the Local Planning Authority. The Local Employment Partnership shall be implemented and operated in accordance with the approved details.
    
    Reason: To secure sustainable local employment that will aid in the regeneration of the area in accordance with the aims and objectives of paragraphs 9, 10 and 18 of the National Planning Policy Framework and saved Policy 14 of the Cornwall Structure Plan.
    

DATED: 8 May 2012

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08142

REASON(S) FOR APPROVAL:

Regeneration of Hayle Harbour through a mixed use development is supported by proposal TV-D of the saved Penwith Local Plan. The proposals will regenerate a significant area of the harbour to the wider benefit of the social, environmental and economic situation of Hayle. The proposed supermarket will address an identified need to retain main food shopping trips within Hayle and to reduce the existing significant leakage of main food shopping trips to retail centres outside Hayle. The proposal therefore accords with the sustainable development aims and objectives of the National Planning Policy Framework in reducing the need to travel by private car, addressing accessibility, promoting sustainable economic development and delivering a high quality safe environment which links to the surrounding townscape

The proposed supermarket would be in the sequentially preferable edge of centre location given that the assessment of alternative sites has not found a suitable town centre site, the proposal thus accords with paragraph 24 of the National Planning Policy Framework. The proposed supermarket retail sales area and split between comparison and convenience goods will address the evidence based need for a supermarket in Hayle which is of a scale that will retain main food shopping trips within the town and promote choice and competition. The three retail units at Foundry Yard, the retail unit at the north boundary of the supermarket car park and the restaurant will add choice to the Foundry retail offer as well as acting as destinations drawing visitors to South Quay to other parts of the quay than the supermarket. The proposed retail offer will divert trade from other retail outlets in Hayle but not to an extent that will harm vitality and viability. The regeneration benefits and the retention of shopping trips within Hayle will increase footfall which in association with significant improvements to the public realm, including the provision of a footbridge, to improve access and permeability for pedestrians and cyclists will promote linked trips between the site and Foundry centre and the shops at Penpol Terrace. This will mitigate the impact of trade draw and support vitality and viability as well as competition and choice within Hayle. The proposals thus accord with paragraphs 24 and 26 of the National Planning Policy Framework, Regional Planning Guidance for the South West (RGP10) Policy EC6, saved Cornwall Structure Plan policies 11, 14, 16, and 25 and saved Penwith Local Plan policies TV16, TV17 and proposal TV-D.

The proposed residential units are supported in this location by Penwith Local Plan proposal TV-D and will be within easy walking distance of a wide range of services and shops as well as bus stops and the train station. The proposed dwellings are in a sustainable location and accord with the aims of paragraphs 49 and 50 of the National Planning Policy Framework, saved Cornwall Structure Plan policies 3 and 10 and saved Penwith Local Plan policies TV1 and H3.

The proposed layout of the site places the supermarket closest to Foundry Square where the supermarket can best support the retail centre. The centrally located car park and dwellings are visually linked through a common theme of an industrial character and use of a simple palette of materials. The proposal has regard to the industrial character of this part of the Hayle Conservation Area. Aspects such as the supermarket orientation towards the retail centre detract from the legibility and understanding of the historic linkages to Foundry Yard and Harvey's Foundry, however interpretation will mitigate this adverse impact and enable understanding of the site's past to a wider audience than is currently possible.

The proposals will harm the authenticity and integrity of the Cornwall and West Devon Mining Landscape World Heritage Site in terms of a reduction in the ability to understand the spatial arrangements of the harbour, especially with regard to the slipways and historic form of South Quay. Construction over infilled parts of Carnsew Channel will not permit the exposure of historic slipways and listed harbour walls thus the opportunity to improve the legibility of the site will not be available for the lifetime of those parts of the proposed development over the slipways and Channel. The buried archaeology and listed structures will be preserved as sub-surface heritage assets and interpretation will allow understanding of the historic site layout as relevant to the WHS. Overall the development will result in harm to the Outstanding Universal Values of the WHS thus does not accord with the WHS Management Plan policies 4c and 8b. However the significant public benefits arising from regeneration outweigh the harm to OUV. The heritage benefits of the reintroduction of sluicing and interpretation will in part mitigate the harm and will enable a greater understanding of the significance of the World Heritage Site and accords with the WHS Management Plan policy 7c in terms of retaining and re-using important components of the site. The proposal thus accords with the provisions of paragraph 133 of the National Planning Policy Framework.

The uplift in land level on the Grade II Listed South Quay will result in harm to the authenticity and integrity of the Listed Building and Port of Hayle core area of the WHS. However as there is in principle support for development on the site set out at Proposal TV-D of the Penwith Local Plan it must be acknowledged that to comply with the flood defence requirements of the National Planning Policy Framework, any development on the quays will require land uplift. The proposal thus accords with the exceptions expressed in paragraphs 93, 99, 132 and 133 of the National Planning Policy Framework in that the nature of the site precludes development unless some level of harm is accepted. The development of South Quay will encourage greater public access to the site and stimulate activity which will reflect the fact that the historic use of the site generated significant activity. This activity will enhance the character and authenticity of the site which is currently underused with low levels of activity. Interpretation and the improved public realm will encourage access to the whole site from where a greater understanding of the spatial arrangements of the harbour can be achieved than is currently possible. On balance it is considered that the harm to the authenticity and integrity of the site and hence the OUV of the WHS is outweighed by the significant public benefits of regeneration within the harbour. The option for an alternative heritage led scheme to come forward within the medium term as set out within paragraph 133 of the National Planning Policy Framework is unlikely to occur given the past failure to deliver development on the site at a time when policy constraint was less onerous and that the current property market and economic conditions do not make anything other then a supermarket led development viable in terms of delivering long held regeneration aspirations of the local community and Development Plan policy.

The proposals will result in an increase in vehicular trips for which improvements to the local highway network will mitigate to a level which will not result in significant harm to the safe and convenient use of the local highway network or the strategic road network. The proposal thus accords with the aims of paragraph 32 of the National Planning Policy Framework and saved Cornwall Structure Plan policies 27 and 28

The proposals accord with the sequential and exceptions tests of paragraph 103 of the National planning Policy Framework and its associated Technical Guidance document. The uplift in land will create a development platform which is not at risk of flooding for the lifetime of the development and the proposals will not result in increased flood risk off-site. The proposals contribute towards a wider flood prevention infrastructure and will facilitate strategic flood prevention measures for the wider urban area in the future. Surface water will be controlled to ensure that the receiving aquatic environment which is a County Wildlife Site which is linked to SSSIs does not become polluted to the detriment of water quality and the aquatic and littoral flora and fauna, The proposals thus accord with the aims of paragraph 109 of the National Planning Policy Framework, Regional Planning Guidance South West policies EN1 and RE2, saved Cornwall Structure Plan policies 2 and 3 and saved Penwith Local Plan policies CC7, CC8, GD4, CS4 and CS6.

The proposals, in other respects than surface drainage noted above, will not result in any significant harm to flora or fauna and planning conditions will ensure that the protected species are relocated. Mitigation measures will offset any harm to the site's ecology whilst planning conditions will ensure construction and operational stages protect biodiversity and habitats in general and especially the adjacent Sites of Special Scientific Interest, County Wildlife Site and nature reserves. The proposals thus accord with the aims and intentions of paragraph 109 of the National Planning Policy Framework, saved Cornwall Structure Plan policies 1 and 2 and saved Penwith Local Plan policies CC7, CC8 and CC9. The proposals are not considered to conflict with saved Cornwall Structure Plan policy 2 or saved Penwith Local Plan policy CC8 in terms of nature conservation or the aims of paragraph 109 of the National Planning Policy Framework or the advice within Circular 06/2005 (Biodiversity and Geological conservation - Statutory obligations and their impact within the planning system). Having regard to the Habitats Directive (92/43/EEC) and the Habitats Regulations 2010 it is considered that the proposals will have no significant impact on designated sites of ecological importance or protected species.

DATED: 8 May 2012

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION &  DECISION NO: PA10/08142

RELEVANT PLANNING POLICIES:

National Policy:

National Planning Policy Framework:
Section 1- Building a strong, competitive economy
Section 2 - Ensuring the vitality of town centres
Section 4 - Promoting sustainable transport
Section 7- Requiring good design
Section 10 - Meeting the challenge of climate change, flooding and coastal change
Section 11 - Conserving and enhancing the natural environment
Section 12 - Conserving and enhancing the historic environment

Regional Planning Guidance Note 10 policies:

VIS1- Promote sustainable development.
VIS2 - Principles for Future Development.
SS18 - Regeneration of main towns, conservation of environment in Cornwall.
SS21 - Development in Coastal Towns
EN1 - Landscape and Biodiversity.
EN3 - Historic Environment
EN4 - Quality in the Built Environment.
EC6 - Town Centres and Retailing.
HO5 - Use of previously developed land and buildings
TRAN 1 - Reducing the Need to Travel.
TRAN 10 - Walking, Cycling and Public Transport
RE2 - Flood Risk.

Saved Cornwall Structure Plan policies:
1 - Principles of Sustainable Development.
2 - Character areas, Design and Environmental Protection.
3 - Use of Resources.
4 - Marine Resources.
10 - Location of Housing Development.
11 - The Urban and Rural Economy.
14 - Town Centres and Retailing.
15 - Implementation, Monitoring and Review
16 - Overall Distribution of Development.
25 - Other Main Towns & Local Centres
27 - Transport Strategy.
28 - Accessibility.

Saved Penwith Local Plan policies:

ST1 - Plan Strategy.
GD1- Integration with surroundings.
GD2 - Design and layout of development.
GD4 - Prevention of pollution.
GD5 - Protection of character and amenity of an area from harmful highway works
CC1 - Protection of the character and appearance of the countryside and coast.
CC7 - Protection of Sites of Scientific Interest.
CC8 - Protection of designated wildlife sites.
CC9 - Protected Species
TV1 - Location of development
TV7 - Design of retail development
TV16 - Location of major retail development.
TV17 - Location of shopping facilities and protection of town centres.
TVD - Allocation of land at Hayle Harbour for mixed use redevelopment.
E1 - Sustainable Approach Employment
TP5 -Cycling routes
TP7 - Protection of Public rights of Way
TP8 - Protection of local character in road improvement schemes
TP12 - Car parking standards.
CS4 - Flood risk.
CS6 - Disposal of surface water.

DATED: 8 May 2012

Phil Mason Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08142

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Existing 1606/P/001 received 27/07/11
Existing 1606/P/002 received 27/07/11
Proposed 1606/P/101 received 27/07/11
Proposed 1606/P/102 received 29/07/11
Proposed 1606/P/103 received 27/07/11
Proposed 1606/P/104 received 27/07/11
Proposed 1606/P/105 received 29/07/11
Proposed 1606/P/106 received 29/07/11
Proposed 1606/P/107 received 29/07/11
Proposed 1606/P/108 received 29/07/11
Proposed 1606/P/109 received 29/07/11
Proposed 1606/P/110 received 29/07/11
Proposed 1606/P/111 received 27/07/11
Proposed 1606/P/112 received 27/07/11
Proposed 1606/P/113 A received 31/08/11
Proposed 1606/P/114 A received 31/08/11
Proposed 1606/P/115 A received 31/08/11
Proposed 1606/P/116 received 27/07/11
Proposed 1606/P/117 received 27/07/11
Proposed 1606/P/118 received 10/08/11

ANY ADDITIONAL INFORMATION:

• Conservation area consent will be required for demolition of walls around Isis Garden and the Foundry Yard.
  
  
• Listed building consents will be required detailing the extent of works to the opened-up sections of Carnsew Dock and sluicing channel, including methods of repair/stabilisation etc., and the engineering details of the proposed access road across the dock.
  
  
• Listed building consent is required for reinstatement and remedial works associated with the sluicing proposals at both the sluicing gates and channel, and the sluicing tunnels at the north end of Carnsew Quay.
  
  
• This permission is granted following the Planning Obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) entered into between Cornwall Council and ING Red UK (Hayle Harbour) Limited and dated the 8th day of May 2012.