Mr M. Whalley
WSP
WSP House
70 Chancery Lane
London                                            Your ref: 00042056-Hayle
WC2A 1AF                                           My ref: PA13/10825
                                                    Date: 20th December 2013



Dear Mr Whalley

Proposed Retail Scheme – Hayle Shopping Park, Cornwall.
Scoping opinion request. Town and Country Planning (EIA) (England)
Regulations 2011.

Thank-you for your scoping opinion request set out in the letter of the 22nd November
2013 and the accompanying appendices.

The Council has consulted with:

       Cornwall Council: Highways, Environmental Protection and Public Rights of
        Way.
       Natural England
       Cornwall Wildlife Trust (no response to date)
       Highways Agency
       Environment Agency

Copies of the responses from these consultees are attached, should any late
consultation responses be received then these will be forwarded to you. The content
of the consultee responses should be used to inform the EIA and subsequent
Environmental Statement.

Scope of the EIA

The scope of the EIA as set out in your letter of the 22nd November and at Appendix 1
is agreed in respect of the following impact studies:

       Traffic and transport
       Biodiversity and ecology
       Flood risk and drainage

The Council does not consider that the Socio-Economic impacts will be of such
complexity or magnitude as to require inclusion within the Environmental Statement.
This aspect could be addressed either separately or as part of the Retail Impact
Assessment where this report addresses the spin-off benefits of the development and
mitigation measures.


                                                    Cornwall Council, Dolcoath Avenue,
                                                    Camborne, TR14 8SX
                                                    Tel: 0300 1234 100 www.cornwall.gov.uk
In regard to disciplines scoped out of the EIA, this is agreed in regard to:

         Air Quality
         Services and Utilities
         Microclimate
         Noise and Vibration
         Telecoms Reception
         Ground Conditions and Preliminary Risk Assessment

In respect of Landscape and Visual Impact the site is not within a designated area,
however the development will be seen in the context of the Grade II Listed rail viaduct
at Angarrack. There will be a cumulative impact in regard to the existing development
at Marsh Lane. Whilst the proposed development will not be intervisible with the
nearby World Heritage Site core area of The Port of Hayle the landscape on the edge
of Hayle contributes to varying degrees to the setting of the WHS. The former railway
embankment which forms the northern boundary of the development area is an
undesignated heritage asset which is of significance in regard to the World Heritage
Site. Given the heritage constraints and that there are views from the Towans to the
north towards the listed viaduct which encompass the development site a Heritage
Impact Assessment (HIA) should be submitted. The effect of the development on the
significance of heritage assets is unlikely to be complex or have more than a low to
moderate effect. As such it is agreed that Heritage and Landscape impacts can be
satisfactorily addressed respectively via a separate HIA and the Design and Access
Statement. Please see the enclosed response from the Historic Environment Planning
Advice Officer.

Cumulative Effects

In regard to cumulative impacts the consented development at Hayle Harbour is of a
scale which will potentially generate such impacts. The harbour regeneration includes
development on North Quay as well as South Quay and residential development to the
north of Clifton Terrace and Copperhouse Pool. The wider implications of this should
be included in the EIA and not be limited to South Quay.

The Council is currently undertaking pre-application discussions with a national
housebuilder to deliver in the region of 220 dwellings on land between Penpol School
and the A30. There is a strong likelihood that a planning application will be submitted
early in 2014.

The assessment of the cumulative impacts of traffic will form part of the
Environmental Statement. The response from Cornwall Highways is that the approach
outlined within the submission is generally acceptable in that the Transport and other
relevant chapters of the ES should be based on the Transport Assessment and
supporting traffic modelling prepared in line with DfT guidance. Any traffic modelling
should be agreed with the Highways Agency and Cornwall Highways.

The response from the Highways Agency notes the ongoing discussions with the
applicant’s highways consultant and this along with the content of the letter dated 18th
December 2014 from the Highways Agency will satisfactorily inform the scope of the
Environmental Assessment.

Other Matters

                                                       Cornwall Council, Dolcoath Avenue,
                                                       Camborne, TR14 8SX
                                                       Tel: 0300 1234 100 www.cornwall.gov.uk
The detailed scope of the EIA set out at Appendix 2 is agreed. You may wish to
directly contact the RSPB and Cornwall Wildlife Trust in regard to understanding the
baseline condition and any concerns they may have.

The proposed approach and structure of the Environmental Statement is appropriate.

Conclusion

The applicant’s approach to early consultation with statutory bodies is welcomed and
has resulted in a well informed Scoping request. The Council considers that, with the
exception of an increased focus on heritage assets, the submitted scope of the EIA is
robust and should result in an Environmental Statement which addresses the
significant environmental impacts and accords with the requirements of Schedule 4 of
the Town and Country Planning (Environmental Impact Assessment) Regulations
2011.



Yours sincerely


Jeremy Content
Senior Development Officer
Planning, Housing and Regeneration Service
Tel: 01209 614064
Email: jeremy.content@cornwall.gov.uk




                                                     Cornwall Council, Dolcoath Avenue,
                                                     Camborne, TR14 8SX
                                                     Tel: 0300 1234 100 www.cornwall.gov.uk

	Name or Detail	Received Date
	Decision letter	20/12/2013

EIA scoping opinion request for proposed retail scheme - Land Between Loggans Moor Roundabout And Marsh Lane Industrial Estate Marsh Lane Hayle Cornwall

Via http://planning.cornwall.gov.uk/online-applications/applicationDetails.d...

Highways Agency

No consultee comments have been received

Principal Definition Officer

Comment Date: Fri 13 Dec 2013

Having reviewed the plans, it would appear that the public right of way will not be affected by the proposed development. Edwina Elbers - Administration and Professional Support, Environment Service, Cornwall Council

West Historic Environment Service

Comment Date: Wed 04 Dec 2013

Jeremy Content Cornwall council Planning & Regeneration Council Offices Dolcoath Avenue Camborne TR14 8SX Your ref: PA13/10825 My ref: CCO5816 Date: 4th December 2013 Dear Jeremy PA13/10825 Land between Loggans Moor Roundabout and Marsh Lane Industrial Estate Hayle EIA Scoping opinion request for proposed retail scheme Thank you for consulting Historic Environment Advice (Archaeology) on the above proposal. The proposed application is on land recorded by the Cornwall and Scilly Historic Environment Record as being 'Upland Rough Ground' (URG). The Cornwall Landscape Assessment 1994 describes URG as: Typical Historical/Archaeological Components: The semi-natural vegetation community is the most immediately visible component but there is also usually a wealth of archaeological remains, many of which may be fairly ephemeral, not making a significant impact on present landscape form. Others do, for instance, hill-top Bronze Age barrows, long post-medieval pasture boundaries, areas of peat cutting, medieval fields and crofts (enclosed and partly improved rough ground) which have reverted through abandonment to rough ground. (Page 145) Potential for historical and archaeological research: Great. Survey, excavation and analysis of remains will yield much valuable information, as will palaeo-environmental work, particularly that investigating the ancient pollen preserved in deep bogs. (Page 146) We would normally expect applications to be supported by the results of an assessment of the significance of the historic assets affected and the impact of such development on that significance. This work should include an archaeological desk based assessment and walk over survey, and include an assessment of the 'zone of visual influence' of the proposal. Such work should provide further information on the presence of undesignated and designated heritage assets such as may be affected (either directly or indirectly by 'setting') by the proposal. It is possible on this site that such an assessment would indicate the need for a geophysical survey of the site to provide factual information regarding the presence or absence of buried archaeological remains. Such information should be sought from the developers as supporting information to an application in accordance with Paragraph 128 of the National Planning Policy Framework dealing with 'information requirements'. It is likely that direct impacts of the scheme could be reduced or avoided through sensitive design; however this can only take place if facilitated by the assessments recommended above. We would therefore recommend that the historic environment is included within an EIA and covers the above issues. If it is decided that an EIA is not required then we would expect the above issues to be to be addressed prior to application. I hope this is of assistance, please do contact me if anything is unclear or further discussion is required. Yours sincerely Phil Markham MA MIfA Historic Environment Planning Advice Officer Environment Service Tel: 07973 813572 Email: pmarkham@cornwall.gov.uk

Environmental Health Planning Liaison

No consultee comments have been received

Ramblers Association (Cornwall)

Comment Date: Mon 02 Dec 2013

Thank you for consulting the Ramblers. We have no objection to this proposal.

Natural England - Consultations

Comment Date: Tue 10 Dec 2013

The scoping request is for a proposal that does not appear, from the information provided, to affect any nationally designated geological or ecological sites (Ramsar, SPA, SAC, SSSI, NNR) or landscapes (National Parks, AONBs, Heritage Coasts, National Trails), or have significant impacts on the protection of soils (particularly of sites over 20ha of best or most versatile land), nor is the development for a mineral or waste site of over 5ha. At present therefore it is not a priority for Natural England to advise on the detail of this EIA. We would, however, like to draw your attention to some key points of advice, presented in annex to this letter, and we would expect the final Environmental Statement (ES) to include all necessary information as outlined in Schedule 4 of the Town & Country Planning (Environmental Impact Assessment) Regulations 2011. If you believe that the development does affect one of the features listed in paragraph 3 above, please contact Natural England at consultations@naturalengland.org.uk, and we may be able to provide further information.

Cornwall Wildlife Trust

No consultee comments have been received

Environment Agency

Comment Date: Fri 13 Dec 2013

Environment Agency position We have reviewed the scoping report submitted and are satisfied that the matters of Ecology & Biodiversity and Flood Risk & Drainage will be included in the EIA. We recently met with applicant's consulting engineers to agree the scope of the Flood Risk Assessment for this proposal. We advise that the following matters should also be considered by this application. Water Framework Directive Under the Water Framework Directive the Angarrack Stream, which flows along the northern boundary of the application site, is designated a heavily modified water body which currently supports moderate ecological status. This development must not cause deterioration of this water body or prevent it reaching its target of Good Ecological Potential by 2027. The measures set include enhancement of marginal aquatic habitat banks and riparian zone, restoring historic habitats and improving floodplain connectivity. This application should include an assessment of the impacts on this water body and consider how this proposal and future management of the site could be used to meet some of the identified measures to help achieve the WFD target. Contaminated Land Given the existing use of part of this site as a trailer park, we would expect the application to be supported by preliminary information in relation to land contamination and the associated risks to controlled waters. It is likely that we would then request inclusion of standard land contamination conditions within any granted permission in order to ensure that the site was appropriately characterised, assessed and if necessary, remediated. Further guidance with regard to dealing with contaminated land is provided in CLR11 Model Procedures for the Management of Land Contamination, also available on the Environment Agency's web site at http://www.environment-agency.gov.uk/research/planning/33710.aspx. Construction Environment Management Plan The application should include consideration of the impacts of the proposal on water quality. We recommend that a Construction Environment Management Plan (CEMP) is developed which pull together and manage the pollution and waste management requirements during the construction phase of the ground water and contaminated land remediation strategy, the control of pollution from surface run-off and the Statutory Waste Management Plan. An outline CEMP should be submitted with the application, with the final details prepared with the main Contractor prior to discharge of condition. The CEMP is a management system showing how the environmental risks are managed through the construction phase, in a similar way that Health and Safety risks are managed. We recommend that a CEMP is drafted using the guidance from Pollution Prevention Guideline 6. http://publications.environment-agency.gov.uk/PDF/PMHO0410BSGN-E-E.pdf The CEMP should Name an Environmental Clerk of Works responsible for managing the environmental risks and site waste management through the construction phase, including an environmental induction for the workers, sub-contractors, and utilities entering the site. Maintaining 24 hour emergency contact numbers and early liaison with the local Environment Agency Environment Officer and the maintenance and management of pollution control measures such as spill kits Include Pollution Control measures to avoid silt run-off are in place before the main ground works e.g. soil stripping are started. Often, silt control can be created where SUDs infrastructure is to be sited and refurbished at the landscaping phase, once all other surfaces are sealed on the site. Protect biodiversity, sensitive sites and protected species draws recommendations from an environmental reports or statements supporting a planning application to ensure that biodiversity features to be retained as part of the Development are protected through the construction phase and the correct ground conditions are left for the landscaping phase and biodiversity enhancements. Identify high risk operations in the construction programme where a method statement should be agreed in advance with the local Environment Agency Environment Officer Include the Statutory Waste Management Plan http://www.environment-agency.gov.uk/business/sectors/32729.aspx linked to the environmental staff induction. The comments we set out above are without prejudice to future decisions we make regarding any applications subsequently made to us for our permits or consents for operations at the site. If you would like to discuss this response please do not hesitate to contact me.

Highway Development Management - Major

Comment Date: Mon 16 Dec 2013

With regard to the scoping opinion request. As you are aware the applicant has been engaged in joint discussions with Cornwall Highways and the Highways Agency in agreeing the traffic modelling and transport assessment methodology for these proposals. The approach outlined within the submission is generally acceptable in that the Transport and other relevant chapters of the ES should be based on the Transport Assessment and supporting traffic modelling prepared in line with DfT guidance.