Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email:  planning@cornwall.gov.uk
Tel:       0300 1234151
Web:    www.cornwall.gov.uk
   

Application number:  PA10/08329

Agent:
Mr D Burley
Walker Developments (SW) Ltd
Scotland Road
Hendra Croft
Newquay
Cornwall
TR8 5QR    Applicant:

C/o Walker Developments (SW) Ltd
Scotland Road
Hendra Croft
Newquay
Cornwall
TR8 5QR

Town And Country Planning Act 1990 (As Amended)

Town And Country Planning (Development Management Procedure) (England) Order 2010

Grant of Conditional Planning Permission

CORNWALL COUNCIL, being the Local Planning Authority, HEREBY GRANTS CONDITIONAL PERMISSION, subject to the conditions set out on the attached schedule, for the development proposed in the following application received
on 15 December 2010 and accompanying plan(s):

Description of Development:
    New ground to accommodate the relocation of Hayle Rugby Football Club, comprising two senior rugby pitches with ancillary floodlighting and ball stop netting, clubhouse with external spectator stand, associated works and landscaping and area for potential phase 2 development to provide additional training zone (Amended site area and additional information)

Location of Development:
    Land To East Of Travelodge
Carwin Rise
Hayle
Cornwall

Parish:    Hayle


CONDITIONS:


 1    The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
   
    Reason:  In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 2    The development hereby permitted shall not be used until the surface water disposal works have been completed in accordance with the Sustainable Urban Drainage System proposal set out in the submitted H2OK Flood Risk Assessment Incorporating Sustainable Urban Drainage System report (Edition 4/J-2938W) and the approved H2OK plans J-2938-W Drawing No. 3000 Revision C and J-2938-W Drawing No. 3002 Revision B. These works shall not thereafter be altered or removed unless otherwise agreed in writing by the Local Planning Authority.
   
    Reason:  To avoid flooding and in the interests of water quality and in accordance with the aims and intentions of strategic policy 26 of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013) and policies GD4, CS4 and CS6 of the Penwith Local Plan.

 3    The development hereby permitted shall not be used until the sewage disposal works have been completed in accordance with the approved plan reference J-2938-W Drawing No.3001. These works shall not thereafter be altered or removed unless otherwise agreed in writing by the Local Planning Authority.
   
    Reason:  In the interests of water quality in accordance with the aims and intentions of strategic policy 26 of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013) and Penwith Local Plan policy GD4.

 4    Before any of the development hereby permitted is brought into use, parking and turning areas shall be laid out and constructed in accordance with approved drawing no. LL-169-015 dated 11.10.2010 and the said areas shall not thereafter be obstructed or used for any other purpose.
   
    Reason: To ensure adequate parking and turning facilities off the adjoining highway and in accordance with strategic policy 27 of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013).
   

 5    No development shall take place within the area to be developed until the applicant has secured the implementation of a programme of archaeological recording based on a written scheme of investigation submitted to and approved by the Local Planning Authority. 
   
    Reason:  To ensure that provision is made to record finds of archaeological interest in accordance with the advice within the National Planning Policy Framework at paragraph 126.

 6    The development hereby approved shall be constructed and thereafter operated in accordance with the mitigation measures and recommendations for future management set out in the submitted Tamar Consulting Extended Phase 1 Habitat Survey dated September 2009.
   
    Reason: To ensure appropriate mitigation and long term protection for bats and to promote biodiversity in accordance with the aims and intentions of strategic policy 23 of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013), and to ensure compliance with The Conservation of Habitats and Species Regulations 2010 and the Council's Natural Environment and Rural Communities biodiversity duty.

 7    No part of the development hereby permitted shall commence until the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport) has approved in writing, a full scheme of works to provide for pedestrian routing between the proposed development and Hayle Town and which shall include as a minimum those features and facilities shown on Hydrock Byways and Highways drawing no. BH09153/SK07 - Revision A dated 29/06/2011.
   
    Reason: In the interests of highway safety on the local and trunk road networks and to ensure a safe and convenient pedestrian and cycle route is provided to enable and encourage access by other forms of transport than by car in accordance with the aims set out at paragraph 32 of the National Planning Policy Framework and strategic policy 27 of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013).

 8    No part of the development hereby permitted shall be occupied or brought into use until the approved pedestrian routing scheme as referred to in Condition 7 above, has been constructed and completed to the satisfaction of the County Council as Local Highway Authority and the Highways Agency on behalf of the Secretary of State.
   
    Reason: In the interests of highway safety on the local and trunk road networks.
   

 9    No part of the development hereby permitted shall commence until details of a site construction method statement / management plan has been submitted to and approved in writing by the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport). The method statement / management plan shall include details of the following:
   
    On-site construction worker parking.
    Anticipated number, frequency and size of construction vehicles entering / exiting the site.
    Delivery times of construction material.
    Construction operating hours.
   
    Such details shall be implemented and phasing agreed in writing, prior to the commencement of works on site and thereafter retained for the duration of the work.
   
    Reason: In the interests of highway safety, the efficient operation of the local and trunk road networks and to protect the amenity of local residents and to accord with strategic policy 14(4) of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013).

10    No part of the development hereby permitted shall be occupied until a Comprehensive Travel Plan has been developed for all elements of the development. The acceptability of the Travel Plan will need to be agreed in writing by the local planning authority and local highway authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport).
    The Travel Plan shall be prepared in line with prevailing policy and best practice and shall include as a minimum:
    The identification of targets for trip reduction.
    The methods to be employed to meet these targets.
    The mechanisms for monitoring and review.
    The mechanisms for reporting.
    The penalties to be applied in the event that targets are not met.
    The mechanisms for mitigation.
    Implementation of the Travel Plan to an agreed timescale or timetable and its operation thereafter.
    Mechanisms to secure variations to the Travel Plan following monitoring and reviews.
   
    A review of the targets shall be undertaken within 3 months of occupation of the development, and on an annual basis thereafter, at the time of submission of the Annual Travel Plan Report.
   
    Reason: In order that the development promotes public transport, walking and cycling, and limits the reliance on the private car in accordance with the aims at paragraph 34 of the National Planning Policy Framework.
   

11    No floodlighting of any part of the development hereby permitted shall be brought into use unless the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport) has approved in writing, the floodlighting scheme. The scheme shall include as a minimum, measures to ensure that hazard or distraction to highway users due to glare does not occur together with a maintenance plan to ensure such measures are adequately maintained.
   
    Reason: In the interests of highway safety on the local and trunk road networks in accordance with strategic policy 27(6) of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013).

12    The floodlighting approved pursuant to Condition 11 above shall be installed in accordance with the approved floodlighting scheme and the floodlights shall only be used when the pitches are in use and the floodlights shall not be used after 2130 hours in any given day.
   
    Reason: To minimise light pollution in this location on the edge of Hayle in accordance with Penwith Local Plan policy CC1 and to minimise any adverse effects on the activities of bats in accordance with the aims at strategic policy 23(3) of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013), and to ensure compliance with The Conservation of Habitats and Species Regulations 2010 and the Council's Natural Environment and Rural Communities biodiversity duty.

13    No part of the development shall be brought into use unless the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport) has approved in writing, a ball netting scheme. The scheme shall include as a minimum, measures to ensure that users of the highway network are adequately protected from interference from site activities together with a maintenance plan to ensure that such measures are adequately maintained.
   
    Reason: In the interests of highway safety on the local and trunk road networks in accordance with strategic policy 26(6) of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013)

14    The use of the pitch areas and stands of the site as defined by the red line on Drawing Number LL-169-013 Revision E dated 11.10.2010 shall be limited to use as for sports matches, sports and fitness training and practice. The use of the clubhouse shall be limited to uses ancillary to the permitted use of the pitch areas and for community events and leisure activities. The use of the parking areas shall be limited to the parking of vehicles ancillary to the permitted uses of the pitch areas and clubhouse. And the site shall be used for no other purpose other than those described above (including any other purpose within Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification).
   
    Reason:  To enable the local planning authority to retain control over other uses that might harm the amenities of the area or generate levels of traffic which would harm the safe and convenient use of the local and strategic highway network in accordance with strategic policy 26(6) of the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013).
   




REASON(S) FOR APPROVAL:

The proposal would enhance the existing facilities and the proposed relocation of the sports facility will ensure continued access and provision of this important high quality community facility in accordance with the advice within the National Planning Policy Framework at paragraphs 69, 70, 73 and 74, strategic policies 3, 17 and PP1(2c)  from the Cornwall Local Plan 2010-2030 Pre-submission document (March 2013) and Penwith Local Plan policy R1.


RELEVANT PLANNING POLICIES:


National Planning Policy Framework

Section 4 Promoting sustainable transport
Section 7 Requiring good design
Section 8 Promoting healthy communities
Section 10 Meeting the challenge of climate change, flooding and coastal change
Section 11 Conserving and enhancing the natural environment
Section 12 Conserving and enhancing the historic environment
Planning conditions and obligations
Technical Guidance to the National Planning Policy Framework

Saved Penwith Local Plan policies:
ST-1  Plan Strategy.
GD-1  Integration with surroundings.
GD-2  Design and layout of development.
GD-3  Landscaping and Planting
GD-4  Prevention of pollution.
CC-1  Protection of the character and appearance of the countryside and coast.
CC7   Protection of Sites of Special Scientific Interest.
CC8  Protection of designated wildlife sites.
CC-9  Protected Species.
CC12  Protection of hedgerows.
TV-1  Location of development.
R1  Recreation.
R5  Location of recreational facilities.
TP5  Cycling routes.
TP-12  Car parking standards.
CS-4  Flood risk.
CS-6  Disposal of surface water.

Cornwall Local Plan Strategic Policies 2010-2030 Pre-submission document March 2013:  3, 13, 17, 23, 26, 27, PP1(2c).


PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Existing LL-169-012 A received 15/10/10
Proposed LL-169-013 E received 24/01/11
Proposed LL-169-014 B received 15/12/10
Proposed LL-169-015 E received 24/01/11
Proposed LL-169-016 E received 24/01/11
Proposed PL02  received 15/12/10
Proposed PL04  received 15/12/10
Proposed PL05  received 15/12/10
Proposed LL-169-011 B received 02/08/11
Proposed BH09153/SK07 A
Proposed BH09153/SK08 C
Proposed BH09153/SK05 F




ANY ADDITIONAL INFORMATION:


•    Formal written consent is required from the Environment Agency under the Water Resources Act/Land Drainage Act prior to commencement of engineering works over, under or within the channel or within 7 metres of the bank, including the proposed headwall.

•    This planning permission is subject to a S106 agreement and this decision notice should be read in conjunction with the obligations within the S106 agreement.







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.



If this approval is for the erection of new buildings please refer to the note below.

Registering addresses for new properties prior to commencement

You must apply officially to register the name of any new street or the address of any new property through Cornwall Council’s Street Naming and Numbering process. You are required to submit an application form, plan and appropriate fee all details of which can be found on our website at www.cornwall.gov.uk/degault.aspx?page=10863. For any further assistance please contact addressmanagement@cornwall.gov.uk or telephone 0300 1234 100.









Mr D Burley
Walker Developments (SW) Ltd
Scotland Road
Hendra Croft
Newquay
Cornwall
TR8 5QR   
Your ref:   

     My ref:    PA10/08329
     Date:    20 June 2013

Dear Sir/Madam

New ground to accommodate the relocation of Hayle Rugby Football Club, comprising two senior rugby pitches with ancillary floodlighting and ball stop netting, clubhouse with external spectator stand, associated works and landscaping and area for potential phase 2 development to provide additional training zone (Amended site area and additional information)
Land To East Of Travelodge Carwin Rise Hayle Cornwall

With reference to this planning application, I enclose the Decision Notice granting permission.

If conditions have been included that must be complied with before the commencement of the development, e.g. “No development shall commence before ….”, and this is not done, the development cannot be validly commenced even if it is within the time limit set by Condition.

If details are required I look forward to receiving them. Application forms can be found on http://www.planningportal.gov.uk/uploads/appPDF/P0810Form027_england_en.... . Your attention is drawn to the recent change of fees to discharge planning conditions under The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012:
£97 (per request) for applications not falling within fee categories 6 or 7 (non-householder applications)
£28 (per request) where the request relates to an application for works to an existing dwelling, or within the curtilage of such, falling within fee categories 6 or 7 (householder applications only)

You may wish to take the opportunity to submit details to discharge more than one condition per request.

Yours faithfully

Jeremy Content

Senior Development Officer 
Planning and Regeneration Service
Tel:  01209 614064