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170725 | PA17/05181 | Application for variation of conditions 8, 12 and 13 in respect of Decision Notice PA14/06591 in order to

 

 

Reference PA17/05181
Alternative Reference n/a
Application Validated Thu 01 Jun 2017
Address Midway Service Station 1 The Causeway Hayle Cornwall TR27 6JF
Proposal Application for variation of conditions 8, 12 and 13 in respect of Decision Notice PA14/06591 in order to allow a lawful commencement on site to take place
Status Decided
Decision Approved with conditions
Decision Issued Date Tue 25 Jul 2017
Appeal Status Unknown
Appeal Decision  



Date Published Document Type Measure Drawing Number Description View
25 Jul 2017 Decision Notice Cannot Measure Document  Decision Notice View Document
25 Jul 2017 Officer Report Cannot Measure Document  Officer Report View Document
01 Jun 2017 Plan - Existing Block Measure Document  Block Plan View Document
01 Jun 2017 Application Form Cannot Measure Document  Application - Section 73 View Document
01 Jun 2017 Plan - Site Location Measure Document  Site Location Plan View Document
01 Jun 2017 Supporting Information Cannot Measure Document  Statement Regarding Variations View Document

 

 

St Erth Parish Council

 

Comment Date: Wed 05 Jul 2017

St Erth Parish Council has decided to ask its planning adviser if it is technically possible for it to ask the Local Planning Authority if there can be a finite period to consider the application and if this is not technically possible, then the Parish Council believes that the application be resubmitted and tested through the current national and local planning policies and guidance which have changed since the original application was approved.

Public Protection Contaminated Land Planning Consultations

 

Comment Date: Tue 27 Jun 2017

SR17_008821

Environmental Protection objects to the variation of Planning Condition 8, as this is a 'High Risk' site with the potential to impact on a SSSI. A pre-commencement condition is required to ensure that contamination related to the former use as a petrol filling station is identified to avoid mobilising contaminants into the water table and nearby estuary. The breaking up of existing hardcover, demolition of buildings and use of heavy plant on the site, without a detailed intrusive investigation could pose a significant risk to controlled waters. Environmental Protection recommends that the developer, engages an Environmental Consultant to undertake Contaminated Land Assessment with emphasis on hydrocarbon contamination from fuel storage tanks.

Environmental Protection

Historic Environment Planning (West)

 

Comment Date: Mon 19 Jun 2017

Development Management Comments. (Historic Environment, CB).

Application for variation of conditions 8, 12 and 13 in respect of Decision Notice PA14/06591 in order to allow a lawful commencement on site to take place; Midway Service Station 1 The Causeway Hayle Cornwall TR27 6JF

Planning Advice. PA17/05181 16/6/17

Thank you for consulting the Historic Environment (Planning) Service on this Listed building planning application for submission of details to vary Conditions 8, 12 and 13 in respect of decision notice PA14/06591; in order to allow a lawful commencement on site to take place; Midway Service Station 1 The Causeway Hayle Cornwall.

Summary

It is not recommended to vary Condition 8; the desk study report (including comments on the significance of any existing buildings, and the potential for any below ground archaeology) should be undertaken before any clearance works commence on site.

Consultation response

Thank you for consulting the Historic Environment (Planning) Service on this planning application as described above.
The relevant Planning conditions 8, 12 and13 for PA14/06591 (dated 22/8/2014) are:

8 No development shall take place until a scheme to deal with any soil contamination has been submitted to and approved in writing by the local planning authority. The scheme shall include a 'desk study' report documenting the site history, an on-site investigation, a risk assessment and a detailed scheme of remedial works, to avoid risk when the site is developed. Any variation in the remediation scheme must be agreed in writing by the local planning authority. The approved scheme shall be fully implemented and completed before the development hereby permitted is first occupied. On completion of the remediation scheme, the developer shall provide written confirmation to the local planning authority that all such works are completed in accordance with the agreed remediation.

Reason: To ensure the development is carried out safely in the public interest and the residential amenities of future occupiers and in accordance with paragraph 121 of the National Planning Policy Framework.

12 No development shall take place until details of the Ground and Surface Water Management Plan, which will cover the construction phase as well operation of the hotel, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Reason: To protect adjacent controlled waters and to maximise opportunities for recycling/reuse of water and in accordance with paragraphs 120 and 121 of the National Planning Policy Framework and policy GD-4 of the Penwith Local Plan 2004.

13 No development shall take place until an Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Ecological Management Plan shall detail measures to mitigate the impact of the development during construction and operation of the hotel on the adjacent SSSI and Nature Reserve such timing/phasing of construction, visual disturbance, lighting and operational noise. The Ecological Management Plan so approved shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.

Reason: To protect the adjacent SSSI and Nature Reserve and in accordance with paragraphs 118 and 120 of the National Planning Policy Framework. .

All of the variations to these conditions seek to permit 'demolition of existing buildings and site clearance in preparation for the proposed works' in advance of undertaking any of the planning conditions.

Condition 8 includes: 'The scheme shall include a 'desk study' report documenting the site history, an on-site investigation, a risk assessment and a detailed scheme of remedial works, to avoid risk when the site is developed'. Given that the site history and the description and significance of any existing buildings are not known (as the study has not been carried out yet !), it is unreasonable to recommend consent for their removal (or to the potential of possible below ground features as identified by the 'on-site history'), before the significance of the site/buildings are known.

Therefore it is not recommended to vary this condition; the desk study report (including comments on the significance of the existing buildings and the potential for any below ground archaeology), should be undertaken before any clearance works commence on site.

Conditions 12 and 13 are not relevant to HEP.

There are no further historic environment observations to make in respect of this proposal. Where any specific issues arise in relation to the impact of the proposal on the Conservation Area please re-consult the Historic Environment (Planning) Service.

Hayle Town Council

 

Comment Date: Fri 16 Jun 2017

Hayle Town Council supports the suggested variations.

Cornwall Council Lead Local Flood Authority

 

Comment Date: Fri 02 Jun 2017

The Lead Local Flood Authority (LLFA) comments with regard to the application below are as follows

Objection: The LLFA wishes to object to the variation of Condition 12 (below) because insufficient information has been provided by the applicant to justify why the condition is unreasonable or inappropriate in requiring a Ground and Surface Water Management Plan in advance of commencement of works on site.

Condition 12 - No development shall take place until details of the Ground and Surface Water Management Plan, which will cover the construction phase as well operation of the hotel, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Reason: To protect adjacent controlled waters and to maximise opportunities for recycling/reuse of water and in accordance with paragraphs 120 and 121 of the National Planning Policy Framework and policy GD-4 of the Penwith Local Plan 2004.

The LLFA takes the view that as the site sits within Flood Zone 3b (Functional Floodplain) it is vital that a Ground and Surface Water Management Plan is submitted and agreed prior to the commencement of construction in order to protect controlled waters and the development itself.

Jackie Smith
Sustainable Drainage Lead Officer

WHS Planning Advice

 

Comment Date: Fri 02 Jun 2017

Thank you for consulting the Cornish Mining World Heritage Site Office. We have reviewed the submitted information. We have no comments in respect of this variation of conditions application.

Ben Dancer MRTPI
WHS Planning Officer
Cornish Mining World Heritage Site Office