PA16-03519 - HAYLE RETAIL PARK AND MARSH LANE NATURE

RESERVE MARSH LANE HAYLE CORNWALL CRANFORD (HAYLE)

LLP

(Agenda No. 5.1)

SP/399 The Principal Development Officer, (PB), outlined the
application, including the showing of plans and photographs to the
Committee and summarised the key issues. He referred to the Committee
update, (previously circulated), which contained details of:-

1. Representations from the Hayle & District Chamber of Commerce in
support of the application, and retailers.
2. Two further letters of objection and officer comment.
3. A list of points set out in the report at paragraph 60 that should be
regarded as not being made.
4. Consultation responses from the Cornwall Wildlife Trust and Council
Ecologist.
5. Further clarification and information from the Applicant.
6. Assessment and amended Recommendation.

The Principal Development Officer confirmed that the Council’s Ecologist
continued to object to the proposal. He further advised of key changes to
the scheme since the previous refusal, detailed as follows:-

1. Reduction in floor space.
2. Change in retail goods to bulky goods.
3. Confirmation the proposal was sited outside a flood zone and no
objections had been received from the Environment Agency.
4. The scheme had been significantly amended to address the
previous refusal on cumulative impact.

The Principal Development Officer recommended that authority be
delegated to the Head of Planning and Enterprise to approve Application
No PA16/03519 subject to referral to the National Planning Case Unit, the
completion of a Section 106 Agreement and conditions as set out in the
Committee update and report.

Mr Russell Clark attended the meeting, was permitted to speak and spoke
against the application.

Ms Cheryl Marriott, (Cornwall Wildlife Trust), attended the meeting, was
permitted to speak, spoke against the application and answered questions
put by Members.

Strategic Planning Committee
22 September 2016
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Councillor Nick Farrar, Mayor of Hayle Town Council, attended the
meeting, was permitted to speak, spoke against the application and
answered questions put by Members.

Ms April Osborne attended the meeting, was permitted to speak, spoke in
support of the application and answered question put by Members

Mr Roger Birtles, on behalf of Cranford Developments, was permitted to
speak, spoke in support of the application and answered question put by
Members

Councillor Pollard, (Adjoining Electoral Division Member), made the
following points in support of the application:

1. Vision for the future had always included the growth of Marsh Lane,
the relationship with the town would be complemented by the
development of the site.
2. The previous 2 proposals for the site had been supported by the
Hayle Town Council.
3. The development would provide a clear division of growth between
Hayle and Angarrack.
4. There were safeguarding elements that could be put in place to
protect wildlife.
5. There would be no negative impact in respect of flooding if the site
was developed.

Councillor Coombe, (Electoral Division Member), made the following
points in support of the application:

1. The application had been previously refused for only one reason;
retail impact, the applicants had addressed this point and amended
the scheme.
2. The Environment Agency had accepted the Ecologist’s mitigation for
long term management of the ecology of the site.
3. The benefits of the scheme included the tidying up of the lorry park,
and the benefits to the strategic road network.
4. The creation of a ‘buffer zone’ for the development would provide
assurance to the village of Angarrack.
5. The Development would bring economic benefits to the area and
provide hundreds of jobs.

Following the presentations the officers responded to Members’ questions
regarding:-
1. The nature of the units and floor space required.
2. The Local Plan was not accepted as a Development Plan until it had
been adopted by the Council, the current status of the Hayle
Neighbourhood Plan was behind schedule, designation of area only.
3. Confirmation that the Cornwall Wildlife Trust had commented upon
the previous application and considered by the Committee.

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22 September 2016
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4. In regard to previous bat surveys, it was confirmed the reports
were within the timeframe within British Standards.
5. The design detail would be managed through conditions.
6. The proposed S106 Agreement would secure the buffer zone in
perpetuity.

A full and detailed debate ensued, the main points of which were noted as
follows:-
,
1. Support for the proposal, GVA had confirmed the cumulative impact
upon Hayle would be just 1%. The Chamber of Commerce had
supported the scheme. The goods to be sold did not compete and
the development would provide a buffer zone protecting the village
of Angarrack. The economic benefits together with employment
opportunities were welcomed in West Cornwall.
2. The recent development in the area had bought benefits to Hayle,
which included the provision of pavements, street lighting and
streetscapes had been improved.
3. The Electoral Division Member and adjoining Electoral Division
Member were both in full support of the proposal.
4. Concern for the wildlife and ecology of the site should permission be
granted. If permission was refused enforcement action should be
taken to reinstate ditches and recent earth works undertaken.
5. Concern at the lack of detail in the ecology report, for example the
results of a recent badger survey were not included. The proposed
benefits of the scheme did not outweigh the damage caused to the
inhabitants of the natural wetlands.
6. There were a large number of objections registered on the
application, if permission were to be granted concern that
community cohesion would be affected.
7. Concern in regard to the management of surface water and request
for a suitable assessment of the final design to ensure the water
management of the land drainage did not have a disturbing effect.

Arising from consideration of the report and debate it was moved by
Councillor Coombe, seconded by Councillor May and on a vote of 11 votes
in favour, 7 against and 1 abstention, it was:-

RESOLVED that Authority be delegated to the Head of Planning and
Enterprise to approve Application Number PA16/03519 subject to:

A. Referral to the NPCU.

B. The completion of a Section 106 Agreement to secure measures to
secure town centre improvements and retail impact mitigation,
linkages/connectivity and transportation improvements; flood
mitigation and habitat mitigation and compensation, maintenance
of the Green No Build Buffer to Angarrack in perpetuity and
survey and traffic calming if required in Angarrack.

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22 September 2016
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The Section 106 Planning Obligation to be completed within 3
months of the date of receiving confirmation from the National
Planning Casework Unit that the application was not being ‘called in’.

If the planning agreement is not completed by this date (or by a
further extension of time to be agreed) the Head of Planning and
Enterprise be given delegated authority to refuse planning
permission on the grounds that the proposal has failed to secure the
necessary safeguards to ensure the provision of the necessary
mitigation and contributions within a time period deemed sufficient;

B. The conditions as set out in the report or similar conditions, to be
agreed with the Head of Governance and Information in
consultation with the Chairman and Vice Chairman of the Strategic
Planning Committee, to include an addition to condition no 5 to
require suitable assessment of the final design to ensure the water
management of the site was not adversely impacted.

The reasons given by the Proposer for wishing to approve the application
were that:-

1. That the proposal did conflict with policy and advice that sought to
protect and enhance existing town centres. However when combined
with the material considerations associated with the proposal the
benefit of the application outweighs the negative impacts. The extent
of the harm associated with the development and highlighted within
the body of the report could be controlled through the imposition of
conditions and planning obligations which will secure mitigation.

2. In accordance with the procedure set out under Section 38(6) of the
Planning and Compulsory Purchase Act 2004 and Section 70(2) of
the Town and Country Planning Act 1990, the material considerations
associated with this application clearly support approval.
At 11.45 am the meeting adjourned and reconvened at 11.55 am.

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