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ING RED UK (Hayle Harbour) Ltd. Supermarket Application


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ING Supermarket East Elevation
Minutes of Strategic Planning Committee Meeting on 9 February 2011
20110209 SPC Minutes
"RESOLVED that consideration of Application No. PA10/08142 (ING Red UK (Hayle Harbour) Ltd: South Quay, Hayle be deferred for a period of no more than five months pending further negotiations and information regarding the design and layout; the delivery of a cinema and footbridge; concerns raised in the Environmental Statement; and the conclusion of all Head of Terms for a Section 106 Planning Obligation to include heritage and design and the possible impact on the existing fishing industry."
Cornwall Council Officer's Report to Committee
9 February 2011 Officer's Report

13. Recommendation:
13.1 That the matter is delegated to the Head of Planning and Regeneration to approve the proposal subject to:
13.2 The satisfactory completion of negotiations to include additional conditions where appropriate, in respect of the following details:-
• Design.
• Delivery of the cinema.
• Matters arising from Environmental Statement update
• Conclusion of all Heads of Terms for the Section106 Agreement.
13.3 If in light of securing the revisions detailed above an objection is maintained by English Heritage the decision be referred to the Secretary of State (advising that the Council are minded to approve the application) and if not "called in" by the Secretary of State, the development will be approved subject to the completion of a Section 106 Agreement to secure amongst other things
• The funding of appropriate foul drainage works to serve the development.
• The funding of highways improvement works to mitigate traffic increased arising from the development.
• Transfer of the Pattern Shed and Cart Shed land

• Delivery of repairs to South Quay walls.
13.4 The following conditions, or similar conditions and appropriate additional conditions arising from further negotiations, to be agreed with the Head of Legal Service in consultation with the Chairman and Vice Chairman of the Strategic Planning Committee.

Consultee Responses
English Heritage, 18 January 2011   (Objection)
Unfortunately, the current proposals have failed to overcome our concerns regarding harm to the Hayle Conservation Area and OUV of the Cornwall and West Devon Mining Landscape World Heritage Site. They are contrary to advice in PPS5 and Circular 07/09, and, therefore, we object to these proposals.

27 Jan 2011 - English Heritage - Comment on the absence of sluicing

Since we provided our advice on the 18 January 2011 it has been brought to our attention that the proposal to restore the historic Carnsew sluicing mechanism, contained within the permitted Outline Planning Application, has been omitted from the current applications.
Restoration of this historic feature would have been an enhancement of the historic environment and its omission is a diminution in the benefits of the scheme.

28 Jan 2011 - English Heritage - Comment on Public Meeting and other points

I am sure you would agree it is essential that the public and elected members are presented with all policies and issues relating to the historic environment, as well as the full, considered responses of statutory consultees, in an accurate and balanced manner, and I trust this will happen in your report.
You will note that ICOMOS have provided comments today and have also written to object to the proposals, as being harmful to the Cornwall & West Devon Mining Landscape World Heritage Site. The implications with regards to ICOMOS, UNESCO and possible threat to WHS status are outlined in Cornwall Council HES’s letter.

English Heritage, 2 February 2011 (Objection)

Having read the planning reports for the Hayle supermarket applications, I was more than a little surprised, and greatly concerned; particularly with regards to the report on the South Quay, the proposals that have the capacity to cause the greatest harm to the Cornish and West Devon Mining Landscape World Heritage Site (WHS).
The report fails to mention the concerns UNESCO expressed regarding possible developments in Hayle at the time of inscription, reiterated in its subsequent Statement of Outstanding Universal Value for the WHS (2010) which states:
The ability of features within the property to continue to express its Outstanding Universal Value may be reduced, however, if developments were to be permitted without sufficient regard to their historic character as constituent parts of the Site. The spatial arrangements of areas such as Hayle Harbour…. are of particular concern and these may be vulnerable unless planning policies and guidance are rigorously and consistently applied.

Comments from the Council’s HES, relating to the potential threat to WHS status, are also pertinent (omitted from the report):
UNESCO and its advisers, ICOMOS, will require the planning authority to demonstrate that both of these issues [relating to assessment of, and appropriate response to OUV] have been covered. If they cannot, it is possible that the Cornish Mining WHS would be referred to the World Heritage Committee for consideration of inclusion on the “World Heritage at Risk” register…..[and]….could ultimately result in loss of World Heritage status for the whole of the Site (not just Hayle).
Given English Heritage’s objection; ICOMOS UK’s objection; CABE’s (unreported) inability to support the proposals; the (unreported) “fundamental issues of concern” raised by Cornwall Council’s own HES; UNESCO’s (unreported) stated concerns; the planning report’s statement that “the current proposals fail to deliver the objectives of PPS5 and will harm the significance of the WHS…. the Hayle Conservation Area and…. the character and appearance of the listed buildings.”; we do not believe it possible to address the fundamental changes necessary within the form of the current applications, and, therefore, do not consider deferral of these
applications appropriate.


ICOMOS, 25 January 2011 (Objection)

ICOMOS-UK would like to OBJECT to the proposed development on South Quay. Our reasons, set out below, relate to the impact of the proposals on the Hayle Harbour part of the Cornwall and West Devon Mining Landscape World Heritage site (WHS), of which South Quay is a part.

10. Recommendations:
ICOMOS-UK considers that the proposed supermarket would have a negative impact on the attributes of OUV and on the integrity of the WHS in terms of the bulk and size of the supermarket building, and the inappropriateness of the housing scheme and restaurant, and the insensitive nature of the car parking, all of which compromise the spatial arrangements of Hayle and its integrity and authenticity.
Hayle today is an extraordinary testimony to the thriving port that once existed, upon which much of the prosperity of the overall mining industry of Cornwall was based. It is crucial that any development reinforces this testimony and does not overwhelm it with a buildings that are totally out of scale for the place, and which compromise the ability of the port town to convey its meaning.
We do not consider that this development can be justified on the grounds of removing a derelict site, or on the grounds that this is the only way to achieve the restoration of the dock walls, or because it is the only option for locating a supermarket. The development would have far more negative consequences than the current condition, there is already a smaller proposal for a supermarket that is acceptable on a different part of South Quay and we understand that this is linked to the provision of funds to repair the dock wall.
ICOMOS-UK consider that heritage-led regeneration is needed for Hayle that fully involves the local community, in order to foster sustainable development that respects the international value of the port town and delvers appropriate services.
There are now many examples around the world of where communities have successfully engaged with planners and developers to achieve this approach.
We urge the Council to REFUSE this application to allow for more sustainable proposals to emerge.

Campaign to Protect Rural England, 7 February 2011 (Objection)

Please read the entire document.

Cornwall Council, Historic Environment Service, 24 January 2011 (Substantial issues)

"We believe that the fundamental issues of concern relating to the impact of the proposed supermarket development, outlined above, can only be addressed by reducing the size of the supermarket building itself and by a radical re-think of the layout of the car-park. This position has been maintained by us throughout the lengthy negotiation process, as acknowledged in the Planning Services negotiations with ING."

Commission for Architecture and the Built Environment, 19 January (Unable to support)

In principle, we have no objection to a supermarket-led mixed use development on South Quay given that this site has historically accommodated large industrial sheds.
However, the local authority should satisfy itself that the size, positioning and design of the foodstore will enhance the quayside and surrounding streetscape, ensuring the scheme is well linked to the town centre and pays full regard to the special qualities of this unique World Heritage Site. We think the proposals offer some improvernents on the previously withdrawn planning submission for this site, revealing a better understanding of their context, for example, in orientating the foodstore towards the town centre and the quayside. We also support the decision to submit a detailed planning application for the retail and leisure proposals. However, in our view, the new scheme does not satisfy the important criteria outlined above. In particular, the design team has not demonstrated that a foodstore of the footprint proposed, albeit reduced in scale from the previous submission, can be comfortably accommodated ønthis site whilst ensuring a sufficiently active public rea/m onto the quayside, car paJit and surrounding highways. Equally, whilst we acknowledge efforts to reflect the local vernacular in the approach to built form, in our view, the scheme does not yet achieve the design quality one should expect on such a highly sensitive site. We are,
therefore, unable to support the scheme in its current form.

County Highways Development Group (Support)

"In summary and conclusion I can state that this application is my preferred site for the food retail unit purely on the basis that whilst approving it, it will supersede the consented development which if commenced would likely take up any spare capacity in the highway network and therefore not leave room for a food retail unit.

We have concluded that this current proposal will have less impact on Foundry Square than the consented scheme. In allowing this development, it must be accepted that it would take up the demand for the single food retail unit and also likely utilise the capacity of the highway network, certainly in respect of food retail."

Hayle Town Council Papers
20 January 2011 Minutes of Meeting of HTC to Discuss Supermarket Applications
20 January 2011 Compilation of Resolutions
Protocol used at the meeting
20 January 2011 List of Planning Applications (AppA)
20 January 2011 Analysis of Representations
20 January 2011 Supermarket Briefing

Main Application

A - Covering Letter

B - Planning Application Forms

C - Planning Statement

D - Design and Access Statement

D - Design and Access Statement Appendices

E - Heritage Statement

F - Archaeology Report

G - Statement of Community Involvement

I - Transport Assessment

J - Foodstore Travel Plan

K - Residential Travel Plan

L - Retail Assessment

M - Landscape Design Statement

N - Sustainability and Energy Statement

O - Utilities Assessment

Drawings and Plans
A - Drawing Schedule pdf
B - Location Plan 0179-X-01-A-BD
C - Topographical Survey - 0179-X-02-A-BD
D - Site Plan - 0179-P-101-A-BD
E - Foodstore and Cinema Ground Floor 0179-P-102-A-BD
F - Foodstore and Cinema Mezzanine - 0179-P-103-A-BD
G - Foodstore and Cinema Roof Plan - 0179-P-104-A-BD
H - Foodstore and Cinema Section and Elevation 0179-P-105-A-BD
I - Foodstore and Cinema Elevation 0179-P-106-A-BD
J - Foundry Site Plans and Section 0179-P-107-A-BD
K - Foundry Site Elevations 0179-P-108-A-BD
L - Retail Units F&G 0179-P-109-A-BD
M - Retail Units F&G 0179-P-110-A-BD
N - Long Elevations - 0179-P-111-A-BD
O - Foodstore and Cinema Detail Section and Elevations 0179-P-112-A-BD
P - Foodstore and Cinema Detail Sections and Elevations 0179-P-113-A-BD
Q - Retail Units F&G Detail Section and Elevations 0179-P-114-A-BD
R - Foundry Site Detail Plans and Section 0179-P-115-A-BD
S - Site Levels - 0179-P-116-A-BD
T - Bridge Design Drawing - Buro Happold

Environmental Statement

Volume 1 Environmental Statement
Volume 2 - Environmental Statement
Volume 3 - Environmental Statement
Listed Building Consent
A - Listed Building Cover Letter
B - Listed Building Application Forms
C - Planning Statement
D - Design and Access Statement
D - Design and Access Statement Appendices
E - Heritage Statement
F - Archaeology Report
G - Harbour Wall Condition Survey
H - Quay Walls Restoriation Method Statement
I - Harbour Wall Schedule of Works


A - Location Plan 0179-X-01-A-BD
B - Site Plan - 0179-P-101-A-BD
C - Long Elevations - 0179-P-111-A-BD
D - Site Levels - 0179-P-116-A-BD
E - Bridge Design Drawing - Buro Happold


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© Copyright 2011, John Bennett