YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 20 June 2013
Phil Mason
Head of Planning, Housing and
Regeneration
IDOX/ACFULZ
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
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329
DATED: 20 June 2013
Phil Mason
Head of Planning, Housing and
Regeneration
IDOX/ACFULZ
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 Presubmission 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
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329
DATED: 20 June 2013
Phil Mason
Head of Planning, Housing and
Regeneration
IDOX/ACFULZ
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 Presubmission 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.
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329
DATED: 20 June 2013
Phil Mason
Head of Planning, Housing and
Regeneration
IDOX/ACFULZ
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 Presubmission 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.
SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329
DATED: 20 June 2013
Phil Mason
Head of Planning, Housing and
Regeneration
IDOX/ACFULZ
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 inaccordance with Penwith Local Plan policy CC1 and to minimise any adverseeffects on the activities of bats in accordance with the aims at strategic policy23(3) of the Cornwall Local Plan 2010-2030 Pre-submission document (March2013), and to ensure compliance with The Conservation of Habitats and SpeciesRegulations 2010 and the Council's Natural Environment and Rural Communitiesbiodiversity duty.13 No part of the development shall be brought into use unless the local planningauthority (who shall consult with the Highways Agency on behalf of the Secretaryof State for Transport) has approved in writing, a ball netting scheme. Thescheme shall include as a minimum, measures to ensure that users of thehighway network are adequately protected from interference from site activitiestogether with a maintenance plan to ensure that such measures are adequatelymaintained.Reason: In the interests of highway safety on the local and trunk road networksin accordance with strategic policy 26(6) of the Cornwall Local Plan 2010-2030Pre-submission document (March 2013)SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329DATED: 20 June 2013Phil MasonHead of Planning, Housing andRegenerationIDOX/ACFULZ14 The use of the pitch areas and stands of the site as defined by the red line onDrawing Number LL-169-013 Revision E dated 11.10.2010 shall be limited to useas for sports matches, sports and fitness training and practice. The use of theclubhouse shall be limited to uses ancillary to the permitted use of the pitchareas and for community events and leisure activities. The use of the parkingareas shall be limited to the parking of vehicles ancillary to the permitted uses ofthe pitch areas and clubhouse. And the site shall be used for no other purposeother than those described above (including any other purpose within Class D2 ofthe Schedule to the Town and Country Planning (Use Classes) Order 1987, or inany provision equivalent to that Class in any statutory instrument revoking or reenacting that Order with or without modification).Reason: To enable the local planning authority to retain control over other usesthat might harm the amenities of the area or generate levels of traffic whichwould harm the safe and convenient use of the local and strategic highwaynetwork in accordance with strategic policy 26(6) of the Cornwall Local Plan2010-2030 Pre-submission document (March 2013).SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329DATED: 20 June 2013Phil MasonHead of Planning, Housing andRegenerationIDOX/ACFULZREASON(S) FOR APPROVAL:The proposal would enhance the existing facilities and the proposed relocation ofthe sports facility will ensure continued access and provision of this important highquality community facility in accordance with the advice within the NationalPlanning Policy Framework at paragraphs 69, 70, 73 and 74, strategic policies 3,17 and PP1(2c) from the Cornwall Local Plan 2010-2030 Pre-submissiondocument (March 2013) and Penwith Local Plan policy R1.RELEVANT PLANNING POLICIES:National Planning Policy FrameworkSection 4 Promoting sustainable transportSection 7 Requiring good designSection 8 Promoting healthy communitiesSection 10 Meeting the challenge of climate change, flooding and coastal changeSection 11 Conserving and enhancing the natural environmentSection 12 Conserving and enhancing the historic environmentPlanning conditions and obligationsTechnical Guidance to the National Planning Policy FrameworkSaved Penwith Local Plan policies:ST-1 Plan Strategy.GD-1 Integration with surroundings.GD-2 Design and layout of development.GD-3 Landscaping and PlantingGD-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.SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA10/08329DATED: 20 June 2013Phil MasonHead of Planning, Housing andRegenerationIDOX/ACFULZCornwall 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 15/10/10Proposed LL-169-013 E received 24/01/11Proposed LL-169-014 B received 15/12/10Proposed LL-169-015 E received 24/01/11Proposed LL-169-016 E received 24/01/11Proposed PL02 received 15/12/10Proposed PL04 received 15/12/10Proposed PL05 received 15/12/10Proposed LL-169-011 B received 02/08/11Proposed BH09153/SK07 AProposed BH09153/SK08 CProposed BH09153/SK05 FANY ADDITIONAL INFORMATION:• Formal written consent is required from the Environment Agency under the WaterResources Act/Land Drainage Act prior to commencement of engineering worksover, under or within the channel or within 7 metres of the bank, including theproposed headwall.• This planning permission is subject to a S106 agreement and this decision noticeshould be read in conjunction with the obligations within the S106 agreement.NOTESAppeals to the Secretary of StateIf the applicant is aggrieved by the decision of the local planning authority to refuse permission forthe proposed development or to grant it subject to conditions, then they may appeal to theSecretary of State under section 78 of the Town and Country Planning Act 1990. If you want toappeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the dateof this notice in the case of householder appeals made in relation to applications submitted on orafter 6 April 2009). Appeals must be made using a form which you can get from the PlanningInspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online atwww.planningportal.gov.uk/pcs.The Secretary of State can allow a longer period for giving notice of an appeal, but he will notnormally be prepared to use this power unless there are special circumstances which excuse thedelay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems tohim that the local planning authority could not have granted planning permission for the proposeddevelopment or could not have granted it without the conditions they imposed, having regard tothe statutory requirements, to the provisions of any development order and to any directions givenunder a development order.In practice, the Secretary of State does not refuse to consider appeals solely because the localplanning authority based their decision on a direction given by him.Purchase NoticesIf either the local planning authority or the Secretary of State refuses permission to develop land orgrants it subject to conditions, the owner may claim that he can neither put the land to areasonably beneficial use in its existing state nor render the land capable of a reasonably beneficialuse 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 noticewill require the Council to purchase his interest in the land in accordance with the provisions ofPart 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 landand development as is already the subject of an enforcement notice, if you want to appeal againstyour local planning authority’s decision on your application, then you must do so within 28 days ofthe date of this notice. If an enforcement notice is served relating to the same or substantially thesame land and development as in your application and if you want to appeal against your localplanning authority’s decision on your application, then you must do so within 28 days of the date ofservice 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 commencementYou must apply officially to register the name of any new street or the address of any newproperty through Cornwall Council’s Street Naming and Numbering process. You arerequired to submit an application form, plan and appropriate fee all details of which can befound on our website at www.cornwall.gov.uk/degault.aspx?page=10863. For any furtherassistance please contact addressmanagement@cornwall.gov.uk or telephone0300 1234 100.CONDPlanning, Housing and Regeneration ServiceCornwall CouncilDolcoath Avenue Camborne Cornwall TR14 8SXplanning@cornwall.gov.ukMr D BurleyWalker Developments (SW) LtdScotland RoadHendra CroftNewquayCornwallTR8 5QRYour ref:My ref: PA10/08329Date: 20 June 2013Dear Sir/MadamNew ground to accommodate the relocation of Hayle Rugby Football Club,comprising two senior rugby pitches with ancillary floodlighting and ball stopnetting, clubhouse with external spectator stand, associated works andlandscaping and area for potential phase 2 development to provide additionaltraining zone (Amended site area and additional information)Land To East Of Travelodge Carwin Rise Hayle CornwallWith 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 thedevelopment, e.g. “No development shall commence before ….”, and this is not done, thedevelopment 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 onhttp://www.planningportal.gov.uk/uploads/appPDF/P0810Form027_england_en.pdf . Yourattention is drawn to the recent change of fees to discharge planning conditions under TheTown and Country Planning (Fees for Applications, Deemed Applications, Requests and SiteVisits) (England) Regulations 2012:£97 (per request) for applications not falling within fee categories 6 or 7 (nonhouseholder applications)£28 (per request) where the request relates to an application for works to an existingdwelling, 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 onecondition per request.Yours faithfullyJeremy ContentSenior Development OfficerPlanning and Regeneration ServiceTel: 01209 614064CONDPlanning, Housing and Regeneration ServiceCornwall CouncilDolcoath Avenue Camborne Cornwall TR14 8SXplanning@cornwall.gov.uk

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