Discharge of condition (?37?) - not acceptable

Via http://planning.cornwall.gov.uk:8181/rpp/index.asp?caseref=PA14/10524

http://planning.cornwall.gov.uk:8181/rpp/showimage.asp?j=PA14/10524&inde... [Please note passed through an OCR so please check original]

Mr J Budd
SPC
2 Mount Street
Manchester
M2 5WQ

Your ref: JRB/14351
My ref:   PA14/10524
Date:      6 January 2015

Dear Sir/Madam

Submission of details to discharge conditions 33, 34 and 36 and 37 in
respect of decision notice PA13/01370.
Hayle Harbour, North Quay, Hayle, Cornwall.

Cornwall Council, being the Local Planning Authority, HEREBY REFUSES PERMISSION,
for the details provided in the abovementioned submission for the for the following
reason(s):

Condition 33

The submitted light spill information demonstrates that there would be limited adverse impact on the natural
environment through the use of the proposed lighting unit. The proposal in this respect satisfies the aim of
Condition 33. This discharge of condition relates only to light spill and not to the actual design of the
streetlight which is controlled under Condition 3 which seeks an integrated approach to design within
individual development areas within the wider site. The application is not linked to any defined development
area as required by Condition 33 thus the submitted information is unclear as to what part of the site it
relates. Given this lack of clarity it is recommended that Condition 33 is not discharged at this time.

Condition 34:

Given the sensitive heritage constraints it is not possible at this time to discharge condition 34 based upon
the limited detail submitted. Also there is concerned that there is no justification for the proposed designs or
how they will integrate with the current street furniture. Given the kerbs in place are granite, there should
be consideration of how this will integrate with the proposed kerbs.

Condition 36

This condition cannot be fully discharged until the works at the double mini roundabout has been
completed. The condition presents two stages, firstly the approval of a scheme then completion of the
approved scheme. At this time Cornwall Highways are unable to support the proposed layout and therefore
in the absence of an agreed scheme it is not possible to discharge the condition.

Condition 37

The approach taken to discharging Condition 37 is not agreed as being acceptable; the consent
PA13/01370 is for 1039 dwellings now reduced to some 780 dwellings by the development of South Quay.
A proposal for 450 dwellings is unsupported by any planning consent and has potential to step outside the
scope of the original outline consent whose design principles are tied by way of a Development Framework
and Design Code. Thus without any consideration of the wider aspects of the masterplanned consent there
is no robust basis upon which the proposal for 450 dwellings is founded.

At the last paragraph of the submitted letter dated 31st October there appears to be a suggestion that the
numbers of dwellings can be restricted to 450. Without any information on how this reduction in numbers of
dwellings affects the Development Framework and Design Code with the likelihood of a necessary fresh
planning application or at a minimum variation of condition it is not possible to comment further as part of a
discharge of condition application. As such it is not possible to discharge Condition 37 on the basis of the
submitted information.

Should you wish to discuss the above then please do not hesitate to contact me.

Yours faithfully

Jeremy Content
Senior Development Officer
Planning and Enterprise Service
Tel: 01209 614064
Email: planning@cornwall.gov.uk