Via http://docs.planning.cornwall.gov.uk/rpp/index.asp?caseref=PA14/02920

Delegated report - http://docs.planning.cornwall.gov.uk/rpp/showimage.asp?j=PA14/02920&inde...

OFFICER REPORT including Update note for Head of Planning and
Enterprise in respect of exercise of delegated authority.

Application Number: PA14/02920

Proposal: Outline application with some matters reserved for proposed
development of up to 15,539 sq.m. (gross) retail development (A1/A3),
associated infrastructure, access arrangements, servicing, parking and
landscaping.

Site Address: Hayle Rugby Club 10 Marsh Lane Hayle Cornwall TR27
5HX

Background

The application was formally considered by the SPC at their meeting held
on 19 November 2015. The full report can be found at:
https://democracy.cornwall.gov.uk/ieListDocuments.aspx?CId=618&MId=
6328&Ver=4

The minutes of the meeting record:-

RESOLVED that Application No. PA14/02920 be referred to the National
Planning Casework Unit (NPCU) for approval as it exceeded the threshold
that required referral for retail development under the Town and Country
Planning (Consultation)(England) Direction 2009, subject to:-

1. The completion of a Section 106 Agreement to secure measures to
secure town centre improvements and retail impact mitigation, travel
plan and SUDs.

2. The Section 106 Planning Obligation to be completed within 3 months
of the date of determination by the Strategic Planning Committee. If
the planning agreement was not completed by this date, authority be
delegated to the Head of Planning and Enterprise to refuse planning
permission on the grounds that the proposal had failed to secure the
necessary safeguards to ensure the provision of the necessary
mitigation and contributions within a time period deemed sufficient;
3. The conditions as set out in the report (and additional updated
conditions as set out below) or similar conditions, to be agreed with
the Head of Governance and Information in consultation with the
Chairman and Vice Chairman of the Strategic Planning Committee.

The full set of minutes can be found at:
https://democracy.cornwall.gov.uk/mgAi.aspx?ID=57001

The full set of minutes includes the additional and updated conditions

Matters arising since the SPC resolution on 19 November 2015

Progress with the Cornwall Local Plan

The Examination in to the CLP resumed in May 2016 and following the
hearings the Council has issued a Schedule of Post Hearing Changes to
the submitted version of the Cornwall Local Plan. These changes are
currently being consulted upon but limited to those changes not
previously consulted upon in January 2016The proposed changes to the
CLP are not considered to be significant in terms of their impact on the
proposed development. So there has been no substantive change to the
policy position as set out in the 19 November report.

Consequently the progress made with the Local Plan does not alter the
case for granting planning permission for the proposed development.

Matters required to be dealt with prior to exercise of the delegated
authority as set out in the Resolution of SPC of 19 November 2015.

Referral of the application to the National Planning Casework
Unit (NPCU) pursuant to paragraph 5(1) of the Town and
Country Planning (Consultation) (England) Direction 2009

The application was referred to the Secretary of State on 9 December
2015 and was not called in.

The Secretary of State’s letter reads as follows:

“I refer to your letter of 9 December 2015 referring to the Secretary of
State for Communities and Local Government ("The Secretary of State")
the above applications for planning permission for the above
development.

The Secretary of State has carefully considered the case against call-in
policy, as set out in the Written Ministerial Statement by Nick Boles on 26
October 2012. The policy makes it clear that the power to call in a case
will only be used very selectively.

The Government is committed to give more power to councils and
communities to make their own decisions on planning issues, and believes
planning decisions should be made at the local level wherever possible.

In deciding whether to call in the application, the Secretary of State has
considered his policy on calling in planning applications. This policy gives
examples of the types of issues which may lead him to conclude, in his
opinion that applications should be called in. The Secretary of State has
decided, having had regard to this policy, not to call in the application. He
is content that the application should be determined by the local planning
authority.

In considering whether to exercise the discretion to call in the application,
the Secretary of State has not considered the matter of whether the
application is EIA Development for the purposes of the Town and Country
Planning (Environmental Impact Assessment) Regulations 2011. The local
planning authority responsible for determining these applications remains
the relevant authority responsible for considering whether these
Regulations apply to these proposed developments and, if so, for ensuring
that the requirements of the Regulations are complied with.

The completion of a Section 106 Agreement:

A S106 Agreement which addresses the obligations set out in the
resolution of the Strategic Planning Committee meeting on 19th November
2015 copied above, has been completed, subject to dating following
completion of this report.

The s 106 Agreement secures the following:-

1. Hayle Town Centre Contribution of £500,000 towards the
provision of a Hayle town centre management programme
including the appointment of a Hayle town centre manager and
for events and projects that will promote the sustainability and
preserve the viability of the town;
2. Penzance Town Centre Contribution of £750,000 towards the
provision of a town centre management programme as set out
in Schedule 5 to the Agreement;
3. The appointment of a Travel Plan Co-ordinator and
implementation of a Travel Plan; and
4. The construction and maintenance of a SUDS (Sustainable
Urban Drainage System) to serve the Development.

Amendment of Conditions

Conditions 6, 12, 13, 15 and 16 require minor changes as follows:
Condition 6: A new application has been submitted by Cranfords and this
new reference has been inserted.

Condition 12: A plan reference has been inserted to clarify the condition.

Condition 13: The upper limit of the net retail sales area has been
increased from 268 sq m to 279 sq m to reflect the proposed plans

Condition 15: The unit has been made singular

Condition 16: The plan reference has been changed to the correct plan.

The revised conditions therefore read:

6. No part of the development hereby approved shall commence if any
part of the development for which planning permission was granted
pursuant to planning application reference no. PA16/03519 (Cranford
Land) has commenced, until the works to Loggans Road/Penmare
Terrace/Guildford Road and Carwin Rise junction ("the Carwin Rise
Double mini roundabout junction") as shown on Vectos drawing
number W120664/A/16 dated 29.09.15 are complete and open to
traffic.

Reason: In the interests of the safe and efficient operation of the
strategic road network in accordance with the aims and intentions of
paragraphs 32 and 35 of the National Planning Policy Framework
2012.

12. The net retail sales floor area of the permitted development shall not
exceed 10,211m². For avoidance of doubt net retail sales area
means all areas of the stores to which the public has access but
excludes the lobby area, tills, areas behind counters, restaurant
(where applicable) and toilets. The number of retail units and the
maximum Ground Floor Gross Internal Area of each retail unit shall
be as shown on drawing no 1879.001 Rev D dated 28.02.14 . There
shall be no subdivision or agglomeration of any unit(s).

Reason: To enable the Local Planning Authority to retain control over
other uses that might harm the vitality and viability of the town
centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth
or Truro in accordance with the aims at paragraph 23 of the National
Planning Policy Framework.

13. Units 1, 2, 8 and 9 within the development as shown on Drawing
1879.001 Rev D dated 28.02.14 shall be used for A3 use only and for
no other purpose within Class A of the Schedule to the Town and
Country Planning (Use Classes) Order 1987 (as amended), or in any
provision equivalent to that Class in any statutory instrument
revoking or re-enacting that Order with or without modification).
The net retail sales area of each unit shall be no less than 202 sq m
and no more than 279 sq m.

Reason: To enable the Local Planning Authority to retain control over
other uses that might harm the vitality and viability of the town
centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth
or Truro in accordance with the aims at paragraph 23 of the National
Planning Policy Framework.

15. Unit 4 within the development as shown on Drawing 1879.001 Rev D
dated 28.02.14 shall be used for A1 non-food use (within Class A1 of
the Schedule to the Town and Country Planning (Use Classes) Order
1987 (as amended), or in any provision equivalent to that Class in
any statutory instrument revoking or re-enacting that Order with or
without modification). The maximum gross internal floor area, which
shall include any mezzanine floor, shall not exceed 1154 sq m.

Reason: To enable the Local Planning Authority to retain control over
other uses that might harm the vitality and viability of the town
centres of Hayle, Penzance, Helston, Camborne, Redruth, Falmouth
or Truro in accordance with the aims at paragraph 23 of the National
Planning Policy Framework.

16. Unit 12 within the development as shown on Drawing 1879.001 Rev
D dated 28.02.14 shall be used for A1 non-food use (within Class A1
of the Schedule to the Town and Country Planning (Use Classes)
Order 1987 (as amended), or in any provision equivalent to that
Class in any statutory instrument revoking or re-enacting that Order
with or without modification) with ancillary restaurant use also
permitted provided that not less than 65% of the net retail sales
floor space in each Unit is to be used for the sale of Fashion Goods.
There is to be no sub division of the unit and the minimum net sales
area is to be no less than 3,500 sq m.

Reason: To enable the Local Planning Authority to retain control over
other uses that might harm the amenities of the area in accordance
with paragraph 123 of the National Planning Policy Framework 2012
and to ensure that permitted changes do not harm the vitality and
viability of the town centres of Hayle, Penzance, Helston, Camborne,
Redruth, Falmouth or Truro in accordance with the aims at paragraph
23 of the National Planning Policy Framework.

Conclusion

A reassessment of the application by members is not required and any
material considerations have been taken into account. There are no
material changes that are so significant that they require the application
to be reconsidered by members or that in my opinion would result in
members reaching a different decision.

The pre-requisites to the exercise of the delegated authority have been
completed and following acceptance of this report and counter signature
by the Head of Planning and Enterprise the s 106 Agreement can be
concluded and the planning permission issued.

P Bainbridge
Principal Development Officer
Strategic Development Management Team
July 2016
I have read and considered the contents of this report and agree with
the conclusions and subject to the completion of the S 106 Agreementexercise my delegated authority as set out in the resolution dated 19November 2015.Phil MasonHead of Planning Housing and RegenerationJuly 2016