Refused: PA13/06605 | Erection of 2 industrial units | Grist Lane Hayle TR27 5HZ | Planning Application
REFUSED
Erection of 2 industrial units - Grist Lane Hayle TR27 5HZ
Ref. No: PA13/06605 | Received date: Mon 22 Jul 2013 | Status: Refusal | Case Type: Application
Via http://planning.cornwall.gov.uk/online-applications/applicationDetails.d...
Reference: PA13/06605 Alternative Reference: PP-02783792 Application Received: 22 Jul 2013 Address: Grist Lane Hayle TR27 5HZ Proposal: Erection of 2 industrial units Status: Refusal Appeal Status: Appeal Decision:
Application Validated Date: | 05 Sep 2013 |
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Actual Committee Date: |
Latest Neighbour Consultation Date: | 09 Sep 2013 |
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Neighbour Consultation Expiry Date: | 30 Sep 2013 |
Standard Consultation Date: | 10 Sep 2013 |
Standard Consultation Expiry Date: | 01 Oct 2013 |
Last Advertised In Press Date: | 19 Sep 2013 |
Latest Advertisement Expiry Date: | 10 Oct 2013 |
Last Site Notice Posted Date: | 12 Sep 2013 |
Latest Site Notice Expiry Date: | 03 Oct 2013 |
Decision Issued Date: | 31 Oct 2013 |
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Determination Deadline: | 31 Oct 2013 |
Applicant Mr Gary Orr
2 Heather Close
Penzance
TR18 3JY
Pre-application Advice PA/13/01136
Details of pre-application advice received:
see letter dated 29th May 2013 ref as above
Are you supplying additional information on submitted plan(s)/drawing(s)/design and access statement? Yes No
If Yes, please state references for the plan(s)/drawing(s)/design and access statement:
PL/300/121,122,123,124,125
Text version of Decision Notice - proper notice at http://planning.cornwall.gov.uk:8181/rpp/showimage.asp?j=PA13/06605&inde...
Cornwall Council
Circuit House Pydar Street Truro Cornwall TR1 1EB
Email: planning@cornwall.gov.uk
Tel: 0300 1234151
Web: www.cornwall.gov.uk
Application number: PA13/06605
Agent: | Applicant: | |
ADA Architects |
Mr G Orr 2 Heather Close Penzance TR18 3JY |
Town And Country Planning Act 1990 (as amended)
Town And Country Planning (Development Management Procedure) (England)
Order 2010
Notice of Refusal of Planning Permission
CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES PERMISSION, for the development proposed in the following application received
on 22 July 2013 and accompanying plan(s), for the reasons set out on the attached schedule:
Description of Development: Erection of 2 industrial units
Location of Development: Grist Lane
Hayle
TR27 5HZ
Parish: Hayle
YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
Phil Mason
DATED: 31 October 2013 Head of Planning, Housing and
Regeneration
IDOX/REFULZ
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA13/06605
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA13/06605
REASONS:
- The site is designated under policy TV-2 of the Penwith Local Plan (2004) as an Open Area Related to Settlements which forms an important and necessary break in the development between the business park and Angarrack village and enables the village to retain its separate identity. There is no evidence to show any specific demand or need for the proposed development and it is thus considered that the proposal fails to accord with policy 5 of the Cornwall Local Plan Strategic Policies 2010-2030 Pre-submission document March 2013 which indicates that employment proposals should be well integrated with existing development and where such sites are in rural locations, there should be an overriding need for its location. The proposal also conflicts with paragraphs 9 and 17 of the National Planning Policy Framework which indicate that new development should contribute to conserving and enhancing the natural environment, paragraph 19 of the National Planning Policy Framework which indicates that planning should support sustainable economic development and paragraph 111 of that document which indicates that authorities should prioritise Brownfield sites for new development.
- The site lies in a Critical Drainage Catchment where ground conditions are such that it is unlikely that infiltration to soakaways would be viable. Consequently the applicant proposes that surface water is to be discharged to the public sewer at a rate attenuated to Greenfield runoff rates. However, South West Water have advised that they will not allow new surface water drainage connections to their sewer and as such it is not considered that it has been adequately demonstrated that the development will not lead to increased flood-risk elsewhere. The proposal thus conflicts with policy 26 of the Cornwall Local Plan Strategic Policies 2010-2030 Pre-submission document March 2013, with paragraph 103 of the National Planning Policy Framework and policy GD-4 of the Penwith Local Plan (2004).
- The proposed development would be located on open undeveloped land and would create an intrusive and artificial feature in the open countryside, extending the urban form to the detriment of local character. It would not maintain a sense of place or reflect the identity of local surroundings thus conflicting with advice in paragraph 58 of the National Planning Policy Framework. The proposal would also conflict with policy 5 of the Cornwall Local Plan Strategic Policies 2010-2030 Pre-submission document March 2013, which indicates that development should be well integrated into its environment and policy GD-1 of the Penwith Local Plan (2004) which indicates that development should integrated with its surroundings in terms of scale, siting and design.
Phil Mason
DATED: 31 October 2013 Head of Planning, Housing and
Regeneration
IDOX/REFULZ
RELEVANT PLANNING POLICIES:
-National Planning Policy Framework: Section 1. Building a strong, competitive
economy
National Planning Policy Framework: Section 2: Delivering sustainable
development.
-National Planning Policy Framework: Section 4 Transport
-National Planning Policy Framework: Section 10. Meeting the challenge of climate
change, flooding and coastal change
-National Planning Policy Framework: Section 11. Conserving and enhancing the
natural environment
-Cornwall Local Plan Strategic Policies 2010-2030 Pre-submission document
March 2013
Policy 1 Presumption in favour of sustainable development
Policy 3 Role and function of places
Policy 5 Jobs and skills
Policy 13 Design
Policy 22 Best use of land and existing buildings
Policy 23 Natural environment
Policy 26 Flood risk management and coastal change
Policy 27 Transport and accessibility
-Penwith Local Plan 2004: E-2, E-3, GD-4, TP-12, GD-1, GD-5, TV-2
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Site/location Plan 300/121 C received 04/09/13
Proposed 300/123 B received 04/09/13
Proposed 300/125 C received 22/07/13
Block Plan 300/121 A received 22/07/13
Proposed 300/122 C received 02/09/13
Proposed 300/124 A received 02/09/13
Existing DG12118-1-1 A received 02/09/13
Proposed 300/126 received 02/09/13
Phil Mason
DATED: 31 October 2013 Head of Planning, Housing and
Regeneration
IDOX/REFULZ
NOTES
Appeals to the Secretary of State
If the applicant is aggrieved by the decision of the local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then they may appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If you want to appeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the date of this notice in the case of householder appeals made in relation to applications submitted on or after 6 April 2009). Appeals must be made using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.
Purchase Notices
If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
In these circumstances, the owner may serve a purchase notice on Cornwall Council. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.
If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice.
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Consultee Comments (4) as of 18 Oct
South West Water Services
The documents tab at the top of the page may show details of the response received. However for historical planning applications not all cases have electronic documents available to view.
Highway Development Management - West
Comment Date: Tue 01 Oct 2013
Parking numbers are relatively low for B1 use, I would recommend consideration is given to increasing the numbers of spaces.
Environment Agency
Comment Date: Fri 04 Oct 2013
Please see associated document tab for comments
Hayle Town Council
Comment Date: Fri 20 Sep 2013
Hayle Town Council strongly objects to this application on the following grounds:- 1. This site is designated under the Penwith Local plan, Policy TV2, as Open Area Related to Settlements ' to maintain an important break in development and the village, to safeguard the separate identity of Angarack. These industrial units would create an unwelcome intrusion into the open area and possibly open the door to further intrusion and the eventual loss of the open area. 2. The proposal does not accord with the National Planning Policy Framework, in that it does not respond to local character or establish or maintain a sense of place or reflect the identity of local surroundings. 3. Early work on the Hayle Town Framework has discounted this site and there is little support locally for its development. 4. The Council believes there are empty units on existing local industrial estates and the applicant has not demonstrated a clear demand for additional units. 5. The plans do not appear to show how the development would be screened from the village which is about 200 metres away.
Public Comments on PA13/06605 as of 10 October
Comments via http://planning.cornwall.gov.uk/online-applications/applicationDetails.d...
From a Villager
A planning application has been submitted to Cornwall Council for the construction of two industrial units adjacent to the existing industrial estate/business park on marsh Lane. The number of the application is PA13/06605 (in the "Cornishman" 19/09/13) and you can find details on the Cornwall Council website. Look in the online planning register and type in the number.
Please seriously consider objecting to this application, as the proposed development is outside the industrial estate and infringes the open space (buffer zone) between the estate and Angarrack. On this occasion there is not much point in sending a copy of your letter or e-mail to Hayle Council, as on Thursday 19th September they strongly recommended it for refusal. However, that is not enough - we need individual objections to Cornwall Council too, lots of them.
I think you can either view and make comments on the website at http://planning.cornwall.gov.uk/online-applications/applicationDetails.d... or you can e-mail them to the relevant planning office (planning@cornwall.gov.uk) (Mention Case Officer Phil Brookes) or write to (I think it is): Planning and Regeneration, Cornwall Council, Dolcoath Avenue, Camborne, Cornwall TR14 8SX. Please with all of these, include name and address. They cannot accept anonymous comments. Remember to include application number and (if objecting) to use the word "object".
It would be tremendous if everyone in your household qualified to comment could do so. Closing date for comments: 9th October 2013.