Cornwall Council Planning Resp 290616 - PA16/00262/PREAPP

"An indicative block plan has been submitted which proposes 166 dwellings consisting of 114 open market and 52 affordable."
 

[NB - via OCR - please check original]

Mr Roy Curnow
6 Poltair Terrace
Heamoor
Penzance
Cornwall
TR18 3EG

Date: 29 June 2016

Dear Sir/Madam
Pre-application
enquiry reference       PA16/00262/PREAPP
Proposal Planning Performance Agreement (PPA) for residential
development
Location Land SW And West Of Trevassack High Lanes Hayle Cornwall
Applicant Progress Land Limited

I refer to your enquiry received on 28 January 2016 concerning the above and would
inform you that this letter is written on the basis of the information supplied with
your enquiry and the submitted drawings.

Site and context
The site is located to the south of Hayle town centre. It consists of two parcels of
land (A and B) which measure approximately 3.6 hectares in total. Parcel A is
bounded by Humphry Davy Lane to the west, the railway line to the north and a
residential development which is currently under construction to the south and west.
Parcel B is located to the south of the above residential development, Trevassack Hill,
lies to the east, High Lanes lies to the south and existing residential development lies
to the west with Humphry Davy Lane further beyond.
It is intended to seek outline planning permission for a residential development with
matters of access to be determined. The site will be accessed via High Lanes to the
south with the access linking to the development currently under construction. An
indicative block plan has been submitted which proposes 166 dwellings consisting of
114 open market and 52 affordable.

Constraints
Conservation Area - Hayle Conservation Area lies to the north of the site
Critical Drainage Area
Potentially Contaminated Land
SSSI Impact Risk Zone

Relevant planning history
PA15/07548 - Temporary planning application approved for the use of land as a site
compound and storage of soil during building works on adjacent land
Page 2
29 June 2016
Neighbouring site to the south
PA15/03787 - Planning application approved for the proposed residential
development of 148 dwellings and associated works
Neighbouring site to east
PA16/00501 - Pending planning application for residential development of 138
dwellings and associated highways works including restrictions to vehicular access to
Trevassack Hill, a footpath link west of the site onto High Lanes and proposed
upgrades to Hayle Football Club including a 3G pitch.

Relevant Planning Policies
Your pre-application submission has been considered against local and national
policies, which in this instance includes the following relevant documents. This list is
not exhaustive but provides a focus for the key issues against which the scheme
should be considered.

Under section 38(6) of the Planning and Compulsory Purchase Act 2004 decisions on
applications for planning permission and appeals must be taken in accordance with
the development plan, unless there are material considerations that indicate
otherwise.

The National Planning Policy Framework stresses the importance of having a planning
system that is genuinely plan-led. Where a proposal accords with an up-to-date
development plan it should be approved without delay, as required by the
presumption in favour of sustainable development at paragraph 14 of the National
Planning Policy Framework. Where the development plan is absent, silent or the
relevant policies are out of date, paragraph 14 of the National Planning Policy
Framework requires the application to be determined in accordance with the
presumption in favour of sustainable development unless otherwise specified.
In Cornwall the development plan comprises the 'saved' policies from the adopted
Local Plans which include minerals and waste Local Plans, and the Balancing Housing
Markets Development Plan Document in the former Carrick area.

The policies in the emerging Cornwall Local Plan are not yet part of the development
plan and have limited weight because of the stage that the Local Plan has reached in
the adoption process but the policy and explanatory text does give a clear indication
of the Council's direction of travel. This Local Plan has been developed from an up to
date evidence base. The decision was taken to submit the Cornwall Local Plan to the
Secretary of State for examination by the Council on 16 December 2014. The
Cornwall Local Plan was submitted in February 2015 and the Examination has taken
place in May 2015 and May 2016. The first stage of the Examination addressed legal
compliance and key strategic issues, including the level of housing growth and
affordable housing targets. The Hearings for the Examination in Public have now
concluded. It is estimated that by mid-June, the Inspector will confirm to the Council
what further changes need to be subject to further public consultation.

The weight that can be attributed to the Plan and its policies will develop as the
Inspector's assessment of the document progresses. In the interim period the

Page 3             29 June 2016

Inspector's comments and recommendations are a material consideration to be
addressed when considering the emerging policy framework in decision making.

In terms of the weight that can be given to the Cornwall Local Plan (and including the
Schedule of Post-Hearing Changes for Consultation (June 2016)) this has increased
and the Council will be implementing the policies following the Examination.
National Planning Policy Framework 2012
-National Planning Policy Framework: Section 4. Promoting sustainable transport
-National Planning Policy Framework: Section 6. Delivering a wide choice of high
quality homes
-National Planning Policy Framework: Section 7. Requiring good design
-National Planning Policy Framework: Section 8. Promoting healthy communities
-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
-National Planning Policy Framework: Section 12. Conserving and enhancing the
historic environment
National Planning Practice Guidance
Schedule of Post-Hearing Changes for Consultation June 2016 to the Cornwall Local
Plan Strategic Policies Proposed Submission Document 2010-2030 (March 2014)
incorporating the Schedule of Focused Changes (September 2014)
Policy 1 Presumption in favour of sustainable development
Policy 2 Spatial Strategy
Policy 2a key targets
Policy 3 Role and function of places
Policy 6 Housing mix
Policy 8 Affordable housing
Policy 11 Managing viability
Policy 13 Design
Policy 14 Development standards
Policy 17 Health and wellbeing
Policy 22 Best use of land and existing buildings
Policy 23a European protected sites
Policy 23 Natural environment
Policy 24 Historic environment
Policy 26 Flood risk management and coastal change
Policy 27 Transport and accessibility
- Penwith Local Plan 2004: GD-1, GD-2, GD-3, GD-4, GD-5, CC-1, CC-9, CC-10, CC-
11, CC-12, TV-1, TV-2, H-1, H-13, H-14, H-18, E-5, TP-1, TP-12, CS-4, CS-6
Planning (Listed Buildings and Conservation Areas) Act 1990
Cornwall Design Guide 2013
The Cornwall and Isles of Scilly Landscape Character Study

Page 4   29 June 2016

Principle of development
The site lies on the edge of Hayle in a location within walking distance of Bodregy
School. The site is considered to be within a sustainable location and therefore the
principle of residential development is acceptable.

Affordable Housing
The Affordable Housing Team have been consulted and their comments are set out in
full below.

Summary

The residential development would trigger a requirement for the provision of 30%
affordable housing, with a tenure target of 70% affordable rent and an affordable
unit type and size mix well suited to local needs.

Affordable housing policy

The Council is currently applying the affordable housing targets as recommended in
the Inspector's preliminary findings following the first stage of the examination of the
draft Cornwall Local Plan (May 2015), which are material to future decisions. The
inspector recommended targets based on viability evidence of between 50-25%
depending on which value zone the site falls within. Hayle is in zone 4 where a 30%
affordable housing target applies.

Housing need

In Hayle there is a very high level of affordable housing need. The Cornwall housing
register, known as Cornwall Homechoice, currently has 556 applicants in housing
need meeting the Hayle local connection criteria. There is therefore more than
adequate needs justification for requiring new residential developments to contribute
towards affordable housing.

The needs figures by bedroom size are provided below for information:
Band Housing need by bedroom size Total
1 2 3 4 5
Band B 28 17 4 7 3 59
Band C 45 25 29 13 1 113
Band D 42 21 2 0 0 65
Band E 157 113 48 1 0 319
Total 272 176 83 21 4 556

Tenure and unit size mix

Should the proposal be considered favourably in planning terms, the following
affordable housing scheme would be sought:
- 30% affordable housing
- 70% affordable rented homes
- 30% intermediate tenure (Shared Ownership or discounted sale)
- The following indicative size mix is suggested as appropriate:
- 1 bed flats / maisonettes - 20%
- 2 bed flats - 15%
- 2 bed houses - 35%
- 3 bed houses - 25%
Page 5
29 June 2016
- 4 bed houses - 5%
- By the time an application is forthcoming it is anticipated that the Local Plan
will be adopted which will require accordance with the national 'Technical Housing
Standards - nationally described space standard' (March 2015):
-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil
e/421515/150324_-
_Nationally_Described_Space_Standard____Final_Web_version.pdf
- 10% of all affordable dwellings should meet Lifetimes Homes Standards and be
provided as affordable rented homes.
Additional affordable housing requirements
- Affordable Rents (inclusive of any service charges) must not exceed 80% of
the local market rent or the Local Housing Allowance.
- Affordable homes should be provided in association with a Registered
(housing) Provider (RPs). The Affordable Housing Team can facilitate discussions with
local RPs.
- Affordable Housing should be indistinguishable from the general market
housing in terms of distribution within the site and design and materials used.
- Affordable homes must be phased (built and sold) in parallel with open market
homes. Typically we would require that no more than 25% of the market housing to
be occupied before 25% of the affordable homes are complete, no more than 50% of

"> the market housing to be occupied before 50% of the affordable home are complete,and no more than 75% of the market housing can be occupied before 100% of theaffordable homes are complete.- The affordable homes would need to be secured by a Section 106 legalagreement. The Council's precedent template agreement must be used which can bedownloaded at:http://www.cornwall.gov.uk/media/3626918/Final-Website-Template-1725.pdfLoss of agricultural landParagraph 112 of the NPPF requires that the economic and other benefits of the bestand most versatile agricultural land are taken into account. The Council's recordshows the northern section of the site is Grade 3a agricultural land. You will beaware that the presumption is in favour of safeguarding the best and most versatileagricultural land (Grades 1, 2 and 3a). I would advise an agricultural landclassification report is therefore submitted with any subsequent application.Notwithstanding the above it is recognised that it will be necessary to build onagricultural land to meet Cornwall's housing requirements. The benefits of providingopen market and affordable housing should be shown to outweigh the loss of theagricultural land thus avoiding conflict with the above policies.Visual amenityOnly an indicative block plan has been submitted and therefore I cannot offer anybespoke comments on design, appearance and the impact the proposed developmentwould have on the character and appearance of the area. However, based on theconstraints of the site, your attention is drawn to the following:Page 629 June 2016The site is separated by the railway from the Hayle Conservation Area and thedevelopment would be seen against the back-drop of existing residentialdevelopment. It is considered the proposed density reflects the character of theneighbouring area. The design, form and materials should be consistent with adviceprovided in the Cornwall Design Guide.It is noted on the adjoining site, the Historic Environment Team stated;We have consulted the Cornwall & Isles of Scilly Historic Environment Record, andnote that a number of known heritage assets are located both within the site (aRoman findspot (PAS HAMP1635), and nearby, including a Neolithic findspot(MCO54111), the medieval settlement of Trevassack (MCO17838) and various postmedieval houses, rows and terraces, and a railway bridge. We also note that theparcel of land falls within an area characterised as Farmland: Medieval by theCornwall Landscape Assessment.It is therefore advised any subsequent application should also be supported by ahistoric landscape assessment and an assessment of the archaeological potential ofthe site.Residential amenityIn terms of residential amenity, it is considered a suitable scheme could be designedto avoid any detrimental impact with regards to overbearing, loss of light oroverlooking.Parcel A lies adjacent to the elevated railway line on the northern boundary of thedevelopment site. I have concerns regarding the siting of plots adjacent to therailway. It is acknowledged on the previous neighbouring application aNoise/Vibration Assessment Report was submitted which concluded "ambient noiselevels adjacent to the development site known as 'Land at Trevassack Hill', Haylehave been measured and assessed against both road traffic and railway noise. Thenoise assessment indicates that mitigation measures in the form of closed acousticdouble glazed windows will be sufficient for all floors of all of the proposed buildingsat the periphery of the application site to be within BS8233's criteria. Other proposedfaçades will be shielded and will require thermal double glazed windows. If windowsare to remain closed to keep out external noise then an additional means ofventilation will be required for some plots of the proposed development. Based onthis assessment and the above mitigation measures, noise does not pose a materialconstraint to the development of the site".The proposal to keep windows closed however is not ideal and I consider this sectionof land would be more beneficial to provide a larger area of public open space whichwould help address the Open Space Officer's concerns below.Highway SafetyThe Highways Officer has been consulted and has provided the following comments:-The access position is considered acceptable due to the alignment making the rat runless attractive.I would recommend that the footpath at the south west corner of the site is linked tothe existing footway provision, this might involve a new short section of footway inthe highway.Page 729 June 2016I also recommend that a footpath connection is provided to the existing footway atthe south east corner of the site to allow access to the football club. This would alsotie in with the proposed footpath to be delivered by an adjacent development.Adequate emerging visibility splays would need to be provided, this can be dealt within the Transport Statement.Open SpaceThe Council's Open Space Officer has been consulted and his comments are set out infull below.In July 2014 Cornwall Council adopted the Open Space Strategy for Larger Towns inCornwall as interim planning guidance pending the adoption of the Local Plan, when itwill be taken forward as a Supplementary Planning Document (SPD). Thedevelopment falls within the study area for the town and the current standardstherefore apply ' for further details see http://www.cornwall.gov.uk/environmentand-planning/parks-and-open-spaces... .The above strategy specifies quantities of six different essential types of open space,adopted policies and design requirements and minimum accessible distancethresholds. Looking at the entire development (including those already withapproval), if we apply the standards the combined requirements for a development of~245 dwellings comes to 8372sqm. However some components such as the sportsprovision would be too small to be viable without supplement and the site'stopography limits the potential. Whilst there is some open space provision within anaccessible range of the development, there are accessibility barriers such as roads &rail-line to consider. We would expect a significant development such as this toprovide all of its Types 1, 2 and 4 needs on-site or nearby, for which permanentpublic access would be necessary, which combined amounts to a minimum of3000sqm, which includes 387sqm of type 4 children's play. Ideally type 5 youthprovision should be delivered on-site, but the 135sqm generated by a developmentof this overall scale would need to be supplemented to offer anything particularlyusable. See the open space strategy for provision standards and also for designrequirements. The development lies within a site identified for development as part ofthe town framework plan, for which a green infrastructure strategy has beendeveloped. Proposals should work collaboratively with schemes on nearby land toplan & deliver these strategic requirements.The development as shown in the indicative layout 16004.010 shows approximately2000sqm tucked away in the far west corner. Small verges and incidental areasassociated with parking areas cannot be considered towards meeting the public openspace standards. This is only 66% of what is required, and the layout of theextension is poor. Although the private gardens do not adjoin the open space, theadjoining housing is back to front. i.e. residents will approach their properties via therear, and much of the advantage of orienting housing frontage overlooking the openspace will be lost. Natural surveillance is best where housing frontage is combinedwith roadside access, which helps users find it easier & more safely and promotes theopen space to the wider community to ensure greater use.Page 829 June 2016With this layout the furthest house in the southeast of the southern development is~310m from the nearest open space. This is only just within the 'playable' spacelimit. So it needs to be decided whether a second open space is created in thesouthern section or the northwest POS is improved.I appreciate that a lot of the under provision is resulting from PA15/03787, whichwas permitted with less than 50% of the on-site open space that it should havecreated. An objection was made to PA15/03787 on the grounds of insufficient openspace in the development and no proposals for how this might be delivered in a widermasterplan. The development as shown in the indicative layout 16004.010 couldmake the situation worse.Depending on the on-site open space being increased to address the types, 1, 2 & 4fully, then an off-site contribution would only be necessary for types 3 & 5, via aSection 106 agreement for each development application. Costs for off-sitecontributions have been adopted as part of the Open Space Strategy. These areapplied to all dwellings (in the actual application only) and the payment should bemade prior to occupation of 50% of dwellings. The allocation of these monies madein accordance with the Community Infrastructure Regulations (2010) and theCouncil's adopted protocol.Any development creating open space will require an open space delivery planoutlining phasing, detailed design specifications, maintenance requirements &estimated costs and how this will be sustained in the long term, which must besubmitted prior to commencement for approval by the planning authority.EducationThe Education, Health and Social Care Service have not been consulted however anysubsequent application which involves any provision of open market dwellings mayrequire an education contribution subject to a Section 106 Obligation if the localschools are over capacity.Contaminated LandThe site may have contamination issues and thus a Phase 1 contaminated land studywould be required to support a planning application. Where the Phase 1 studyrecommends further work then this should be completed and a remediation strategydevised before submitting a planning application.Flooding and drainageThe site falls within a Critical Drainage Area. Section 10, paragraph 100 of theNational Planning Policy Framework states; "Inappropriate development in areas atrisk of flooding should be avoided by directing development away from areas athighest risk, but where development is necessary, making it safe without increasingflood risk elsewhere".The applicant will need to submit an Flood Risk Assessment with any subsequentplanning application which demonstrates that the proposed development will notincrease flood risk elsewhere and where possible reduces flood risk overall. It isnormally expected that surface water run-off would be managed on-site through aPage 929 June 2016sustainable drainage system (SuDS). The proposed drainage system should bedesigned in accordance with the Drainage Guidance for Cornwall.BiodiversityAn ecological report will be required. Where the survey identifies further work to becarried out then this should be completed before submitting an application forplanning permission. Subject to no significant impact on protected species, use ofthis site for housing is unlikely to present any habitat loss issues and will accord withthe aims at paragraph 118 of the National Planning Policy Framework 2012 andpolicy 23a of the emerging Cornwall Local Plan.Environmental Impact AssessmentThis enquiry is not a formal request for a screening under the EIA regulations.However, given the scale and location of the development, it is unlikely that thedevelopment would require an EIA.Building RegulationsCornwall Council's Building Control Service is pleased to offer a free initial preapplication advice service for all your development enquiries. Building Control canadvise whether a Building Regulations application is likely to be required for yourproposal, can give valuable time-saving guidance on how to meet the requirementsof The Building Regulations and can suggest possible ways of resolving any notableissues prior to you submitting any formal Planning Permission applications that maybe required. Building Control's Extended Services team can offer SAP, SBEM and AirPermeability Testing Services, as well as access to warranties and other relatedservices.The local authority building control office can be contacted at Circuit House, PydarStreet, Truro, TR1 1DT. You can contact one of our qualified surveyors on 01872224792 or by emailing us at: buildingcontrol@cornwall.gov.ukSection 106 planning obligationShould you proceed to make an application, it would be necessary for your client(and any person with an interest in any of the land in question) to enter into aSection 106 planning obligation that secures the following:- Affordable homes in accordance with the relevant policy requirements;- Education infrastructure financial contribution (if required);- On-site public open space together with a mechanism for ensuring its ongoingmaintenance.A draft Section 106 planning obligation or at least confirmation of the heads of termsshould accompany any planning application. Further information in respect of s106planning obligations can be found here, including links to the Council's preferredtemplates: http://www.cornwall.gov.uk/default.aspx?page=17557Supporting information- Design and Access Statement;- Statement of Community Involvement;- Extended Phase One Habitat Survey;Page 1029 June 2016- Contaminated Land Report;- Agricultural Land Classification Report;- Archaeological/Heritage Assessment;- Landscape and Visual Impact Assessment;- Transport Assessment and Travel Plan- Draft Section 106 planning obligation or heads of terms.ConclusionSubject to the above comments being addressed the principle of residentialdevelopment on this site is supported.If you intend to progress with an application it would be advisable to contact theimmediate neighbours in order to discuss the proposal. I would also suggest youcontact Hayle Town Council and the Electoral Divisional Member, Councillor JohnCoombe.You should note that this letter does not constitute a formal decision by the Council(as local planning authority). It is only an officer’s opinion given in good faith, andwithout prejudice to the formal consideration of any planning application. However,the advice note issues will be considered by the Council as a material consideration inthe determination of future planning related applications, subject to the proviso thatcircumstances and information may change or come to light that could alter theposition. It should be noted that the weight given to pre-application advice notes willdecline over time.Should your development be likely to increase the level of pedestrian and/orvehicular usage at a level crossing any future planning application should besupported by a full Transport Assessment assessing such impact. Any requiredqualitative improvements to the level crossing as a direct result of the developmentproposed should be included within the Heads of Terms.Yours faithfullyChantal McLennanSenior Development OfficerPlanning and Enterprise ServiceTel: 01209 616965Email: planning@cornwall.gov.ukthe market housing to be occupied before 50% of the affordable home are complete,and no more than 75% of the market housing can be occupied before 100% of theaffordable homes are complete.- The affordable homes would need to be secured by a Section 106 legalagreement. The Council's precedent template agreement must be used which can bedownloaded at:http://www.cornwall.gov.uk/media/3626918/Final-Website-Template-1725.pdfLoss of agricultural landParagraph 112 of the NPPF requires that the economic and other benefits of the bestand most versatile agricultural land are taken into account. The Council's recordshows the northern section of the site is Grade 3a agricultural land. You will beaware that the presumption is in favour of safeguarding the best and most versatileagricultural land (Grades 1, 2 and 3a). I would advise an agricultural landclassification report is therefore submitted with any subsequent application.Notwithstanding the above it is recognised that it will be necessary to build onagricultural land to meet Cornwall's housing requirements. The benefits of providingopen market and affordable housing should be shown to outweigh the loss of theagricultural land thus avoiding conflict with the above policies.Visual amenityOnly an indicative block plan has been submitted and therefore I cannot offer anybespoke comments on design, appearance and the impact the proposed developmentwould have on the character and appearance of the area. However, based on theconstraints of the site, your attention is drawn to the following:Page 629 June 2016The site is separated by the railway from the Hayle Conservation Area and thedevelopment would be seen against the back-drop of existing residentialdevelopment. It is considered the proposed density reflects the character of theneighbouring area. The design, form and materials should be consistent with adviceprovided in the Cornwall Design Guide.It is noted on the adjoining site, the Historic Environment Team stated;We have consulted the Cornwall & Isles of Scilly Historic Environment Record, andnote that a number of known heritage assets are located both within the site (aRoman findspot (PAS HAMP1635), and nearby, including a Neolithic findspot(MCO54111), the medieval settlement of Trevassack (MCO17838) and various postmedieval houses, rows and terraces, and a railway bridge. We also note that theparcel of land falls within an area characterised as Farmland: Medieval by theCornwall Landscape Assessment.It is therefore advised any subsequent application should also be supported by ahistoric landscape assessment and an assessment of the archaeological potential ofthe site.Residential amenityIn terms of residential amenity, it is considered a suitable scheme could be designedto avoid any detrimental impact with regards to overbearing, loss of light oroverlooking.Parcel A lies adjacent to the elevated railway line on the northern boundary of thedevelopment site. I have concerns regarding the siting of plots adjacent to therailway. It is acknowledged on the previous neighbouring application aNoise/Vibration Assessment Report was submitted which concluded "ambient noiselevels adjacent to the development site known as 'Land at Trevassack Hill', Haylehave been measured and assessed against both road traffic and railway noise. Thenoise assessment indicates that mitigation measures in the form of closed acousticdouble glazed windows will be sufficient for all floors of all of the proposed buildingsat the periphery of the application site to be within BS8233's criteria. Other proposedfaçades will be shielded and will require thermal double glazed windows. If windowsare to remain closed to keep out external noise then an additional means ofventilation will be required for some plots of the proposed development. Based onthis assessment and the above mitigation measures, noise does not pose a materialconstraint to the development of the site".The proposal to keep windows closed however is not ideal and I consider this sectionof land would be more beneficial to provide a larger area of public open space whichwould help address the Open Space Officer's concerns below.Highway SafetyThe Highways Officer has been consulted and has provided the following comments:-The access position is considered acceptable due to the alignment making the rat runless attractive.I would recommend that the footpath at the south west corner of the site is linked tothe existing footway provision, this might involve a new short section of footway inthe highway.Page 729 June 2016I also recommend that a footpath connection is provided to the existing footway atthe south east corner of the site to allow access to the football club. This would alsotie in with the proposed footpath to be delivered by an adjacent development.Adequate emerging visibility splays would need to be provided, this can be dealt within the Transport Statement.Open SpaceThe Council's Open Space Officer has been consulted and his comments are set out infull below.In July 2014 Cornwall Council adopted the Open Space Strategy for Larger Towns inCornwall as interim planning guidance pending the adoption of the Local Plan, when itwill be taken forward as a Supplementary Planning Document (SPD). Thedevelopment falls within the study area for the town and the current standardstherefore apply ' for further details see http://www.cornwall.gov.uk/environmentand-planning/parks-and-open-spaces... .The above strategy specifies quantities of six different essential types of open space,adopted policies and design requirements and minimum accessible distancethresholds. Looking at the entire development (including those already withapproval), if we apply the standards the combined requirements for a development of~245 dwellings comes to 8372sqm. However some components such as the sportsprovision would be too small to be viable without supplement and the site'stopography limits the potential. Whilst there is some open space provision within anaccessible range of the development, there are accessibility barriers such as roads &rail-line to consider. We would expect a significant development such as this toprovide all of its Types 1, 2 and 4 needs on-site or nearby, for which permanentpublic access would be necessary, which combined amounts to a minimum of3000sqm, which includes 387sqm of type 4 children's play. Ideally type 5 youthprovision should be delivered on-site, but the 135sqm generated by a developmentof this overall scale would need to be supplemented to offer anything particularlyusable. See the open space strategy for provision standards and also for designrequirements. The development lies within a site identified for development as part ofthe town framework plan, for which a green infrastructure strategy has beendeveloped. Proposals should work collaboratively with schemes on nearby land toplan & deliver these strategic requirements.The development as shown in the indicative layout 16004.010 shows approximately2000sqm tucked away in the far west corner. Small verges and incidental areasassociated with parking areas cannot be considered towards meeting the public openspace standards. This is only 66% of what is required, and the layout of theextension is poor. Although the private gardens do not adjoin the open space, theadjoining housing is back to front. i.e. residents will approach their properties via therear, and much of the advantage of orienting housing frontage overlooking the openspace will be lost. Natural surveillance is best where housing frontage is combinedwith roadside access, which helps users find it easier & more safely and promotes theopen space to the wider community to ensure greater use.Page 829 June 2016With this layout the furthest house in the southeast of the southern development is~310m from the nearest open space. This is only just within the 'playable' spacelimit. So it needs to be decided whether a second open space is created in thesouthern section or the northwest POS is improved.I appreciate that a lot of the under provision is resulting from PA15/03787, whichwas permitted with less than 50% of the on-site open space that it should havecreated. An objection was made to PA15/03787 on the grounds of insufficient openspace in the development and no proposals for how this might be delivered in a widermasterplan. The development as shown in the indicative layout 16004.010 couldmake the situation worse.Depending on the on-site open space being increased to address the types, 1, 2 & 4fully, then an off-site contribution would only be necessary for types 3 & 5, via aSection 106 agreement for each development application. Costs for off-sitecontributions have been adopted as part of the Open Space Strategy. These areapplied to all dwellings (in the actual application only) and the payment should bemade prior to occupation of 50% of dwellings. The allocation of these monies madein accordance with the Community Infrastructure Regulations (2010) and theCouncil's adopted protocol.Any development creating open space will require an open space delivery planoutlining phasing, detailed design specifications, maintenance requirements &estimated costs and how this will be sustained in the long term, which must besubmitted prior to commencement for approval by the planning authority.EducationThe Education, Health and Social Care Service have not been consulted however anysubsequent application which involves any provision of open market dwellings mayrequire an education contribution subject to a Section 106 Obligation if the localschools are over capacity.Contaminated LandThe site may have contamination issues and thus a Phase 1 contaminated land studywould be required to support a planning application. Where the Phase 1 studyrecommends further work then this should be completed and a remediation strategydevised before submitting a planning application.Flooding and drainageThe site falls within a Critical Drainage Area. Section 10, paragraph 100 of theNational Planning Policy Framework states; "Inappropriate development in areas atrisk of flooding should be avoided by directing development away from areas athighest risk, but where development is necessary, making it safe without increasingflood risk elsewhere".The applicant will need to submit an Flood Risk Assessment with any subsequentplanning application which demonstrates that the proposed development will notincrease flood risk elsewhere and where possible reduces flood risk overall. It isnormally expected that surface water run-off would be managed on-site through aPage 929 June 2016sustainable drainage system (SuDS). The proposed drainage system should bedesigned in accordance with the Drainage Guidance for Cornwall.BiodiversityAn ecological report will be required. Where the survey identifies further work to becarried out then this should be completed before submitting an application forplanning permission. Subject to no significant impact on protected species, use ofthis site for housing is unlikely to present any habitat loss issues and will accord withthe aims at paragraph 118 of the National Planning Policy Framework 2012 andpolicy 23a of the emerging Cornwall Local Plan.Environmental Impact AssessmentThis enquiry is not a formal request for a screening under the EIA regulations.However, given the scale and location of the development, it is unlikely that thedevelopment would require an EIA.Building RegulationsCornwall Council's Building Control Service is pleased to offer a free initial preapplication advice service for all your development enquiries. Building Control canadvise whether a Building Regulations application is likely to be required for yourproposal, can give valuable time-saving guidance on how to meet the requirementsof The Building Regulations and can suggest possible ways of resolving any notableissues prior to you submitting any formal Planning Permission applications that maybe required. Building Control's Extended Services team can offer SAP, SBEM and AirPermeability Testing Services, as well as access to warranties and other relatedservices.The local authority building control office can be contacted at Circuit House, PydarStreet, Truro, TR1 1DT. You can contact one of our qualified surveyors on 01872224792 or by emailing us at: buildingcontrol@cornwall.gov.ukSection 106 planning obligationShould you proceed to make an application, it would be necessary for your client(and any person with an interest in any of the land in question) to enter into aSection 106 planning obligation that secures the following:- Affordable homes in accordance with the relevant policy requirements;- Education infrastructure financial contribution (if required);- On-site public open space together with a mechanism for ensuring its ongoingmaintenance.A draft Section 106 planning obligation or at least confirmation of the heads of termsshould accompany any planning application. Further information in respect of s106planning obligations can be found here, including links to the Council's preferredtemplates: http://www.cornwall.gov.uk/default.aspx?page=17557Supporting information- Design and Access Statement;- Statement of Community Involvement;- Extended Phase One Habitat Survey;Page 1029 June 2016- Contaminated Land Report;- Agricultural Land Classification Report;- Archaeological/Heritage Assessment;- Landscape and Visual Impact Assessment;- Transport Assessment and Travel Plan- Draft Section 106 planning obligation or heads of terms.ConclusionSubject to the above comments being addressed the principle of residentialdevelopment on this site is supported.If you intend to progress with an application it would be advisable to contact theimmediate neighbours in order to discuss the proposal. I would also suggest youcontact Hayle Town Council and the Electoral Divisional Member, Councillor JohnCoombe.You should note that this letter does not constitute a formal decision by the Council(as local planning authority). It is only an officer’s opinion given in good faith, andwithout prejudice to the formal consideration of any planning application. However,the advice note issues will be considered by the Council as a material consideration inthe determination of future planning related applications, subject to the proviso thatcircumstances and information may change or come to light that could alter theposition. It should be noted that the weight given to pre-application advice notes willdecline over time.Should your development be likely to increase the level of pedestrian and/orvehicular usage at a level crossing any future planning application should besupported by a full Transport Assessment assessing such impact. Any requiredqualitative improvements to the level crossing as a direct result of the developmentproposed should be included within the Heads of Terms.Yours faithfullyChantal McLennanSenior Development OfficerPlanning and Enterprise ServiceTel: 01209 616965Email: planning@cornwall.gov.uk