Comment Date: Fri 17 Feb 2017

Hayle Town Council has no objection to the variation of Condition 2.

However, it remains extremely concerned regarding Condition 6 and requests that it come back to Hayle Town Council prior to discharge. Hayle Town Council also asks that it be referred to Cornwall Council's SUDS officer.

 

Comment Date: Tue 07 Feb 2017

Development Management Comments. (Historic Environment, CB).

Application for variation of condition 2 (plans) in respect of Decision Notice PA15/01953; 12 Back Lane, Angarrack, Cornwall

Listed Building Planning Advice. PA16/11962 6/2/17

Thank you for consulting the Historic Environment (Planning) Service on this Listed building planning application for variation of condition 2 (plans) in respect of Decision Notice PA15/01953; 12 Back Lane, Angarrack.

Summary

The application has been considered; there are no further historic environment observations to make in respect of this proposal.

Consultation response

Thank you for consulting the Historic Environment (Planning) Service on this planning application as described above.

The site is not listed, however it is close to the Listed Viaduct to the north west (c 18m) Listed Grade II (No. 1143709). There are no other site designations.

The relevant Planning conditions for PA15/01953 (dated 9/2/2016) are given in the following document which was a planning appeal following CC recommendation for refusal (APP/D0840/W/15/3121461):

ANNEX TO APPEAL DECISION APP/D0840/W/15/3121461

Conditions:

2) The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Floor Plans 386/2; and Mixed ' site location and elevations 386/3.

This current planning application seeks to change the internal configuration of the buildings and to have additional windows to the south east and north east elevations. In addition, external stairs have been added between the two buildings ' widening the footprint of the building to virtually its maximum site plot width.

Given that the planning appeal allowed the previous design, this design will apparently have no further negative impact upon the Listed building than was previously allowed.
The application has been considered. 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.

 

Comment Date: Wed 01 Feb 2017

Thank you for consulting Countryside Access Team in respect of the ramifications of the Planning Application upon the Rights of Way network. I can confirm that Countryside Access Team in its role as Highway Authority for Public Rights of Way has NO OBJECTION to the proposals. However, to emphasize the Authority's duties to Assert and Protect the highway under the Highways Act 1980 I would be grateful if you would append the relevant parts of the text below to the Decision Notice should planning permission be granted.
It appears unlikely that the proposed development would have any direct affect upon the public right of way. Notwithstanding, the text below should be included as an Advice Note appended to any planning consent to ensure that the applicant is aware of their obligations as follows This is the Advisory Note: *No building materials must be stored on the right of way*Vehicle movements must be arranged so as not to interfere with the public use of the way*The applicant should ensure they have private access rights to drive motor vehicles on Public Footpaths, Public Bridleways and Restricted Byways where there is presently no recorded public vehicular right of way*The safety of members of the public using the right of way must be ensured at all times*No additional barriers (e.g. gates) are to be placed across the right of way*There must be no reduction of the available width of the right of way for use by members of the public* No damage or alteration must be caused to the surface of the right of way*Wildlife mitigation fencing must not be placed across the right of way. If the Council's policies and guidelines are not heeded we will take such action as may be necessary including direct enforcement action and prosecution. The Council has a statutory duty to ensure Public Rights of Way (PROW) are open at all times and members of the public are not inconvenienced in their use of PROW where development work has taken place.
It appears unlikely that the proposed development would have a direct affect upon a public right of way. It does, however, appear that a public right of way will be used as access to the development site both during the works and after its completion. The text below should be included as an Advice Note appended to any planning consent to ensure that the applicant is aware of their obligations as follows: [This is the Advisory Note] It is noted that access to the site during construction works and after the completion of the permitted development is by means of a Public Path (Footpath, Bridleway or Restricted Byway). The applicant must ensure that they have a right to drive a private motor propelled vehicle (MPV) over any path, track or way that supports a Public Path. A person that drives an MPV along a path, track or way that supports a Public Path without lawful authority may commit an offence under the Road Traffic Act 1984 Section 31. Lawful authority can only be granted by the owner of the land. In addition it is not uncommon for occupiers of properties where access is by means of a path, track or way that supports a Public Path to desire to improve the surface of that way so as to facilitate use by Motor Vehicles. Such works may not require to be authorized by the grant of planning consent, but occupiers will also need to ensure that they have the consent of the owner of the land for the works. Occupiers are also required to obtain the consent of the Council as highway authority for any work that they undertake which affects the surface of the path, track or way. This include work that disturbs the existing surface as well as work to improve a path, track or way by means of placing new material on top of the existing surface.
It is noted that the proposed development has new construction that abuts or is close to the boundaries of the public right of way as currently mapped by Ordnance Survey. The text below should be included as an Advice Note appended to any planning consent to ensure that the applicant is aware of their obligations as follows: [This is the Advisory Note] Cornwall Council as highway authority reminds the applicant that Planning Consent for the development hereby permitted has been granted on the basis of the submitted plans that are referred to above in this Notice. It is considered that these submitted drawings indicate that the construction of the permitted development should not have any injurious impact upon the adjacent right of way provided that the permitted development is carried out as shown in the approved drawings. If subsequent inspections of the development site reveal that construction has been carried out that is not in accordance to the approved drawings and that such works have caused a diminution in the width or extent of the adjacent highway then the authority has powers under the Highways Act 1980 to secure the removal of obstructions and to restore the full extent and surface of the highway.