CC.S9.4
West Carclaze Progress Update – Summarised Progress update Apr 2018
Milestone Current Position at April 2018 Timescale Status
Local Plan /Garden Village Programme
Strategic Allocation for West Carclaze Cornwall Local Plan adopted November 2016 COMPLETED specific reference to site in Policy 3 enabled positive planning decision on outline scheme to go forward 4 months later in March 2017.
Awarded MHCLG Garden Village status Announced in January 2017 that West Carclaze is GV STATUS CONFIRMED one of the first 14 developments to be awarded Garden Village status. FUNDING SPEND ONGOING IN Capacity funding received in 2017/18 £216K and ASSOCIATION WITH DELIVERY OF £275K awarded for 2108/19 to support delivery. INFRASTRUCTURE AND RESERVED Confirmation of this award can be found here - MATTERS PLANNING https://www.gov.uk/government/news/first-ever- APPLICATION garden-villages-named-with-government-support
https://www.gov.uk/government/news/government- unlocks-25-million-to-deliver-more-homes
Key Infrastructure
Local Road Improvement Road opened 2015. This is a key element of . COMPLETED enabling infrastructure. The original road at this point CC led on delivery of Carluddon A391 was not suitable to provide access to the new road improvement with land provided by community. It therefore, required upgrading before Imerys / Eco-Bos. the other uses could develop and now the required access exists. This is the first part of the new garden village with the employment space following after meeting our commitment to our communities to provide infrastructure first.
CC leadership secured delivery ahead of wider project accelerating delivery with road opening 4 years before first phase construction commences.
Employment Space - Carluddon Construction underway of first employment building Technology Park aimed at SMEs in the advanced manufacturing and low carbon environmental goods and services CC led on delivery of Carluddon sectors, using land provided at no cost by Eco-Bos to Technology Park. Outline planning CC, £5.9M ERDF and £2.1M from CC together with 3 permission secured for 2.8ha years revenue support. CC leadership secured employment site on land provided by Eco planning permission and European investment ahead Bos /Imerys to support development, with of wider project. detailed consent for the first employment building (ESAM 2474sqm g internal floor ESAM opens in May 2018. area.
Free school Approval in principle for free school for 2FE primary Land Transfer ON TRACK Spring 2017 concluded by Jan CC supported and Eco-Bos a key partner 2019 to the SKY ACE Academy Free School Opening Sept 2020 WORK IN PROGRESS submission to DfE. approval in principle for free school for 2FE primary Land for school to be transferred to public ownership by January 2019. School construction Program of development to be agreed start on site June with DfE. DfE to proceed with Design, procurement of 2019 contractor and construction. Construction of school buildings to be Eco Bos phasing will ensure delivery of serviced site undertaken by DfE with Developer before June 2019. providing serviced site... School opening in Sept 2020 DfE include the school in its successful schemes which can be viewed here
https://www.gov.uk/government/publications/free- schools-open-schools-and-successful-applications
Page 1 of 3 Milestone Current Position at April 2018 Timescale Status
A391/A30 Link Road Funding DfT Funding award of £79m confirmed on 22/11/17, COMPLETED with an additional £6m contribution from CC.
Public consultation underway on final detail of proposed route in advance of planning application.
Link Road Construction Detailed construction programme is now in Planning application PLAN IN DEVELOPMENT development and subject to consultation. due to be submitted in Q2 2018/19 for decision by end of 2018.
Projected mobilisation of construction during 19/20, road opening in Spring 2022
Solar Farm 5 MW of a 9MW consented solar farm already built and energised on site. Construction of a further 2 PA15/03922 - Installation of a ground MW to commence in Q2 2018... Revenue will be mounted PV array and associated used to support the land trust. substation on West Carclaze Mica Dam, St Austell.
Housing Infrastructure Fund (HIF) In March 2018 MHCLG confirmed that CC bid was Discussions with Marginal Viability bid for sewerage and successful and that we would receive £2.3M for West Homes England to water infrastructure. Carclaze for water and sewerage infrastructure. confirm programme of work and timescales Confirmation of this award can be found here - ongoing. https://www.gov.uk/government/publications/housing- infrastructure-fund
Planning Application/Reserved Matters/s106 & s278
Outline planning application submitted ISSUEING OF Strategic Planning Committee Approved application DECISION IS BEHIND planning reference PA14/12186 for in March 2017 (subject to S106/278). The Committee SCHEDULE BUT KEY 'West Carclaze Eco-community' report and addendum are attached as Appendices BARRIERS & RISKS comprising the demolition, site clearance 3a. & 3b. The package of Section 106 mitigation is NOW RESOLVED. THIS HAS NOT and associated earthworks and the included in the Officers report. DELAYED PROGRESS phased development of up to 1500 AS PRODUCTION OF dwellings, a local centre, incorporating RESERVED MATTERS HAS CONTINUED. local retail, health and community Heads of terms for s106 and s278 agreement agreed facilities, a primary school, employment with developer and going through legal process for floorspace and associated areas of open sign off. All of the key principles are now agreed space, renewable energy provision and between the Applicant and the Local Planning energy centre(s), drainage and Authority. A draft of the S106 is attached as associated infrastructure. All matters Appendix 3c. reserved with points of access from the
A391 only to be agreed.
Page 2 of 3
Milestone Current Position at April 2018 Timescale Status
Preparation of detailed plans Eco Bos have consultant team in place working on Submission ON TRACK
development of reserved matters application for a programmed for late Phase 1 of 350 units. June 2018.Consent anticipated end WORK IN PROGRESS Lacey Hickey Caley(LHC) lead September 2018 architects/Masterplanners.
Consultant team appointed for Transport, Green infrastructure, Archaeology, Ecology and Utilities.
First Presentation to the Design Review Panel in Feb with 2nd stage review due on May 2nd.
Presentation to Eco Community Partnership Board late April.
As part of the development of the reserved matters application a number of specific strategies have been developed as required by the s106 agreement and conditions to allow their submission in advance of the reserved matters application for the first phase.
Presentation to Cornwall Council All Member Briefing 11th April 2018. This is subject to a publically accessible webcast. The presentation is included in Appendix 3d. This document include the overall outline masterplan and proposed first phase plans.
PPA in place (PA18/00998/PREAPP) to ensure early engagement with the Council. This can be found here http://planning.cornwall.gov.uk/online- applications/?utm_source=website&utm_medium=pl anningregisterlink&utm_campaign=planning
Public consultation First Design Review Panel has been undertaken. ON TRACK
Focus Group established made up of local Councillors Parish Council and partner bodies. WORK IN PROGRESS
Consultation progressing with Infrastructure providers and around delivery of community facilities.
Pre-app Public Consultation anticipated late May re details of RM application
Implementation of planning permission
Develop delivery strategy Eco Bos parent company ORASCOM are a major developer in their own right. But are also in discussions with a range of partners to support delivery. The Managing Director of Eco Bos has provided a covering note to support this statement though clearly this will be limited by issues of commercial confidentiality. The letter is included as Appendix 3e.
Discussions have also been held between Eco-Bos and Cornwall Council re potential turnkey acquisition by CC of a third of the Phase 1 plus all the affordable units as part of the Council Investment Programme.
Land Trust – Memo of Agreement in place with Wheal Martyn (SW Lakes trust) to fulfil this role.
Page 3 of 3
Appendix 3a – Committee Report Outline application for 'West Carclaze Eco-community' comprising the demolition, site clearance and associated e arthworks and the phased development of up to 1500 dwellings, a local centre, incorporating local retail, health and community facilities, a primary school, employment floorspace and associated areas of open space, renewable energy provision and energy centre(s), drainage and associated infrastructure. All matters reserved with points of access from the A391 only to be agreed - Land at Wes t Carclaze and Baal, Carluddon, St Austell.
11 11111 11 Site of Special Scientific Interest (~ Crown copyright and dat abase rights 2015 Ordnance Survey 100049047. c:J County Wildlife Site
Location map Grid reference SX0155 ~ Date NOV 2015 ...... ,.,.... Application No. PA14/12186 CORNWALL PHIL MASON COUNCIL Head of Planning and Enterprise Outline applica tion for 'West Carclaze Eco-community' comprising the demolition, site clearance and associated earthworks and the phased development of up to 1500 dwellings, a local centre, incorporating local retail, health and community facilities, a primary school, employment floorspace and associated areas of open space, renewable energy provision and energy centre(s), drainage and associated infrastructure. All matters reserved with points of access from the A391 only to be agreed - Land at West Carclaze and Baal, Carluddon, St Austell.
I:.':: ::=.':I Scheduled Monument © Crown copyright and database rights 2015 Ordnance Survey 100049047. C Listed Building
Ke y: Public rights of way Site map Footpath -- - Bridleway Grid reference SX0155 -+- -+-· Byway ~ Date NOV 2015 This map is not the ...... ,,,... Application No. PA14/ 12186 Definitive Rights of CORNWALL PHIL MASON Way map COUNCIL Head of Planning and Enterprise Development Management Planning and Sustainable Development Service
Strategic Planning Committee Report 30 March 2017
Application number: PA14/12186 Land At West Carclaze And Baal, Carluddon, St Austell, Site address: Cornwall Outline application for 'West Carclaze Eco-community' comprising the demolition, site clearance and associated earthworks and the phased development of up to 1500 dwellings, a local centre, incorporating local retail, health and community facilities, a primary school, Proposal: employment floorspace and associated areas of open space, renewable energy provision and energy centre(s), drainage and associated infrastructure. All matters reserved with points of access from the A391 only to be agreed. Application Type: Outline Application Parish: Treverbyn Applicant: Eco-Bos Development Ltd Target date for decision: Extension of Time agreed to 30 June 2017 Reason for application being The scale of the proposal requires the application to be called to Committee: determined by the Strategic Planning Committee. Departure: No Electoral Division: Penwithick and Boscoppa Electoral Division Member: Matthew Luke CC Case Officer Gavin Smith http://planning.cornwall.gov.uk/online- Link to view documents: applications/simpleSearchResults.do?action=firstPage That delegated authority is given to the Service Director - Planning and Sustainable Development to approve Application Number PA14/12186 subject to:
RECOMMENDATION: A. No objection received from Natural England.
B. The completion of a Section 106 and/or Section 278 Agreement(s) to secure measures relating to phasing, Affordable Homes, Transport and Movement, Education, Community and Health Facilities, Employment, Community and Health Facilities, Green Infrastructure, including safeguarding the Sky Tip and other historic areas on the site; ecological mitigation; and revocation of extant mineral planning permission.
C. The Section 106 and 278 Agreements to be completed by 30 June 2017 (or a further extension of time to be agreed). If the planning agreement is not completed by this date, authority be delegated to the Service Director - Planning and Sustainable Development 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.
D. The conditions as set out in the report or similar conditions, to be agreed with the Service Director – Assurance in consultation with the Chairman, Vice Chairman and Divisional Members of the Strategic Planning Committee
Summary:
This application seeks outline planning permission to establish the principle for a West Carclaze/Baal Eco-Community. The scheme contains a mix of land uses, including housing and employment, infrastructure and areas of public open space. All detailed assessment matters are reserved except points of access to the A391.
The West Carclaze/Baal Eco-Community is an allocated development in the Cornwall Local Plan (CLP) and is defined further in the Cornwall Site Allocations Development Plan Document (Site Allocations DPD). The purpose of this allocation is to provide transformational development by redeveloping post-industrial land at West Carclaze/Baal to deliver, in line with corporate Cornwall Council priorities, housing, including much needed affordable housing, employment opportunities and associated infrastructure that will be of benefit to both the new and surrounding communities.
This application complies with the CLP and Site Allocations DPD definition of West Carclaze/Baal Eco-Community and, therefore, establishes a platform to deliver the associated benefits. The benefits are substantial and in keeping with the rationale underpinning the allocation because a high housing need remains in this area and the development itself can realistically be expected to deliver significant economic development and an opportunity for exemplar development to showcase sustainable low carbon living.
The application is the start of a process to proactively manage patterns of growth to support the aims and objectives of the CLP and, in tandem, to focus significant development in a location which can be made sustainable. The mix of uses at the scale proposed could create a community with the necessary infrastructure to provide a good proportion of the basic services and facilities required for its future residents whilst also providing a range of sustainable modes of travel for residents to access the more extensive range of services and facilities at St Austell. The proposal would result in an environmental gain in terms of biodiversity and sustainable water management control and is an opportunity to deliver significant growth in the St Austell Community Network Area without highly comprising agricultural land.
The proposal will also result in adverse impacts to the environment. Its built form and land uses will introduce a negative impact to landscape values associated with the industrial heritage of the existing site and to nearby heritage assets. It will also impact upon the biodiversity of the site, including European Protected Species, and remove any future opportunity of processing china clay from the site. The vehicle trips it will introduce onto the local highways network will place pressure on some existing road junctions and generate additional air pollution.
The actual extent of harm to result from this application is tempered, however, by existing and proposed mitigation. Landscape impact for example is reduced by the low sensitivity of a receiving landscape which has been created from previous degradation by mineral extractions; the retention of existing on-site features such as the Great Treverbyn Tip; and by the creation of new managed landscape areas for habitat enhancement. The impact of the proposal on the setting of nearby heritage items is less than substantial due to landform screening the proposal. Ecological mitigation, compensation and enhancement can ensure a net gain in biodiversity. Evidence has been submitted to demonstrate that it is not viable in the current market to extract minerals from the site and the application provides contributions to upgrade local road junctions and to introduce measures to reduce air pollution.
Your Case Officer is of the opinion that the merits of this application outweigh the harm. This proposal is in accordance with an allocation in an up to date Local Plan and its approval would be a genuine plan led decision. The application promotes mixed use development, creating substantial public benefit and so encourages multiple benefits from the proposed change of use of the land whilst retaining undeveloped spaces for recreation, habitat enhancement and flood risk mitigation.
Site description:
1. The application site is 215 hectares in area and was predominantly used for the extraction and processing of china clay. About 9 hectares of the site is farmland, which appears to be used for the grazing of animals. The site ranges in level from 165 to 280m Above Ordinance Datum (AOD). The eastern side of the site is dissected by the A391.
2. The site contains relics of the former china clay workings, including pits, mica dams, pit lakes, tailings/spoil tips and access roads. The resulting landform is undulating with steep-sided plateaus, ridges and hills.
3. Features of the site include:
The Great Treverbyn Tip to the south of Penwithick and west of the recently constructed section of A391. This is conical in shape and measures 50m from base to tip with a summit at 280m AOD. The Lower Ninestones tips on the western side of the site forming a 30m high ridge. Closed pits, including the Ruddlecommon Pit in the west of the site, the Lower Ninestones Pit, the Higher Ninestones Pit and the Penhale Pit in the north, the Great Treverbyn Pit adjacent to the A391 in the east of the site and the Western Carclaze Pit in the south-east. Water Features. The area of the Ninestones Pit and the Penhale Pit, known as the Penhale Dam/Lake. This is currently used for mica disposal from the operational extraction sites to the west of the site. The Great Treverbyn Pit has been backfilled with sand and mica residues and is now a lagoon named The Great Treverbyn Mica Dam/Lake. 2 Dried Mica Dams, including the West Carclaze Mica dam on land to the south of Great Treverbyn Lake and the Great Treverbyn Tip and the Lower Ninestones Mica Dam on land to west of Penhale Lake.
4. The site also has grass fields of varying sizes on land north of the Great Treverbyn Mica Dam and south of the A391. The fields are defined by hedgerow borders and total about 9 hectares in area. A two storey dwelling, Penhale Farm Cottage, associated outbuildings and a barn, Penhale Large Barn, are also located on this area.
5. Other built forms on the site include disused industrial buildings in poor state of repair on land between Penhale Lake and the Great Treverbyn Lake and the dwellings ‘Rose Cottage’ and ‘South Carluddon Farm’ with associated outbuildings on the south-eastern end.
Proposal:
6. Outline permission is sought for demolition, site clearance and associated earthworks of the site and subsequent phased development of up to 1500 dwellings, a local centre (incorporating local retail, health and community facilities, a primary school, employment floor space), associated areas of open space, renewable energy provision and energy centre(s), drainage and associated infrastructure. All assessment matters are reserved with the exception of access points from the A391.
The Dwellings
7. The applicant anticipates the proposed 1500 dwellings to be delivered as phased development over a period of 17 years starting from 2020. The dwelling mix, in terms of size of units, for the open market dwellings is reserved for consideration at the reserved matters (RM) stage. The mix for the affordable homes proposed by the application is set out at paragraph 38 below. 25% of the homes proposed are intended to be constructed in accordance with Accessible Homes Standards.
Affordable Dwellings
8. 30% of the proposed dwellings are affordable homes (AH). Tenure is 70% Social Rent and 30% Intermediate Sale.
The Local Centres
9. Two local centres are proposed. Local Centre 1 is defined as:
A convenience food store (A1 Use Class) with a floor area of 500 square metres. Shops (A1/A2 Use Class) containing 600 square metres. Cafes/restaurant/public house (A3 and A4 Use Class) containing 500 square metres. A 1000 square metre community hub centre (D1 Use Class), including a 100 square metres pharmacy (A1 Use Class) and 100m2 for local services such as police (Sui Generis) or library (D1 Use Class) A 600 square metre community centre (D1 Use Class) A 750 square metre nursery (D1 Use Class) A 2 form entry primary school (D1 Use Class) containing 2, 300 square metres A 3, 500 square metre assisted living home (C2 Use Class) A local transport hub
10. Local Centre 2 contains 350 square metres of floor space for a café/restaurant/public house (A3/A4 Use Class) and 150 square metres for shops (A1/A2 Use Class)
Access Points to the A391
11. Five new vehicular access points are shown directly from the A391, which comprise of:
A priority t-junction onto the southern side of A391, 550m to the south-east of the A391/B3274 roundabout. Priority t-junctions on both sides of the A391, 270m to the north-west of Great Treverbyn roundabout. A priority t-junction on to the southern side of the A391, 180m to the north west of Great Treverbyn roundabout. Access off the western arm of the Great Treverbyn roundabout A priority t-junction on to the western side of the A391, 631m to the south of the Great Treverbyn roundabout.
Open Space
12. A commitment has been submitted by the applicant for this application to provide 141 hectares (350 acres) of the site for open space to be managed by a Land Trust and at least 30,315 square metres of land for parks and amenity purpose; 53,490 square metres of land for natural space, 40,155 square metres for public sport, 2400 square metres for children’s equipped play, 840 square metres for teen provision and 3,330 square metres for allotments. The location, scale and exact details of each open space typology are reserved for consideration at reserved matters. Surface Water Drainage
13. A drainage strategy has been submitted which utilises the Great Treverbyn and Penhale Lakes for water catchment/retention and includes Sustainable Drainage System features to enable surface water to be controlled by gravity flow (without a need for pumping). The intent of the strategy is to limit discharge rates of surface water such that peak rates of runoff are reduced from current levels, peak volumes of runoff are broadly unchanged and the net result is a reduction in flood risk downstream at the St Austell and Par rivers.
Foul drainage
14. The applicant proposes to submit evidence with each RM application to demonstrate that appropriate drainage infrastructure will be available for the scheme to adequately dispose of foul water prior to occupation of each phase. It is confirmed that:
15. ‘Waste flows from the site are most likely to go to the Luxulyan sewerage treatment works. This will require enhancement of the existing infrastructure including additional pipeline capacity and attenuation. A new terminal pumping station is likely to be required for the site. This will be located to the south of the site. The location of the pumping station will be agreed between the developer and South West Water. The optimum location will be subject to the phasing of the housing development coming forward.’
Energy Centres
16. No fixed details have been submitted with regard to the specification, scale and /or proposed locations of the proposed energy centre(s). The applicant has indicated that the purpose of the energy centre is to provide low or zero carbon energy technology for the proposed community. Exact details of any energy centre are reserved for consideration at RM stage.
Renewable Energy Provision
17. The proposed renewable energy provision consists of solar farms. The masterplan shows solar farms on two land parcels within the application site, at circa 4.1 hectares and 11.4 hectares in area. No indicative details of the panels submitted. Extant planning permission exists on both the sites for solar farms, as detailed under Relevant Planning History below.
The Masterplan
18. A masterplan, design code, and parameter plans have been submitted with the intention to establish a design based criteria to regulate the development at RM. The criteria identifies areas on the site for specific land uses; sets out height, density, materials and detailing restrictions for the proposed buildings; includes a requirement for a hierarchy of streets; and identifies pedestrian, cycling and bridleway routes. The masterplan, design code and parameter plans are saved on the Cornwall Council (CC) Website and key points of their content are summarised as follows.
Land Uses
19. The masterplan shows a layout which includes the retention of Penhale and Great Treverbyn lakes with residential development surrounding them; solar arrays on the western and southern ends of the site; retention of the Great Treverbyn Tip; mixed use development, including the proposed primary school to the south of Penwithick and east of the sky tip, residential development to the east and south of the proposed mixed use area and green infrastructure to the south-west and interspersed throughout the site.
Building Heights
20. The submitted Parameter Plan indicates that the proposed buildings will have heights varying from 9 to 13 metres (m). The majority of buildings contain 2-3 storeys. The mixed use character area contains the tallest buildings; the residential development to the south, east and north-west is shown with buildings up to 12m; and the proposed homes to the south of the lakes contain the lowest buildings at up to 9m.
Density
21. The density of the built form is shown on the Parameter Plan varying between 40 and 50 dwellings per hectare (DPH). The highest density is within the proposed mixed use area and on land to the north of the Great Treverbyn Lake with residential development at 45 DPH also shown around the same lake. The lowest density is to the west, on land to the north and south of Penhale Lake.
Hierarchy of Streets
22. The hierarchy of streets is focussed on the A391 and the B3374. The strategy shows a new primary road connecting to the recently constructed Great Treverbyn roundabout on the A391 and circling the Great Treverbyn Lake followed by a secondary road (residential street) to provide access to the proposed development to the west.
Crossing Points over the A391
23. Three primary crossing points are shown on the masterplan between the Great Treverbyn Roundabout and the Stenalees (A391/B3274) roundabout.
Public Rights of Way and Clay Trails
24. Four sections of Public Rights of Way (PROW) run through the application site, being Footpaths 424/26/1, 424/22/1, 424/31/1 and 424/46/1. The masterplan shows the diversion of Footpath 424/22/1 by circa 70m to the south on the B3374 and Footpath 424/26/1 by about 35m to align with the Carluddon/Eden Access road to the south. 25. The masterplan also shows new PROWS throughout the site, including a new public footway connection to the south eastern end of Singlerose Road; a new connection alongside the B3374 to connect with Penwithick; numerous new paths throughout the southern part of the site; and connection to the existing Route 2 ‘Clay Trails to Eden Project’ National Cycle Network which runs through the south eastern edge of the site.
Design of Buildings
26. The design code stets out an aspiration for all of the proposed buildings to achieve at minimum a Building for Life Silver Standard. The proposed homes are intended to meet the Level 4 Code for Sustainable Homes and the spatial requirements of the Lifetime Homes Standard. The non-residential development is intended to satisfy the BREEAM ‘Excellent’ rating. There is also a desire for all buildings to meet the requirements of the latest British Standard for the Design of Buildings to accommodate the needs of disabled people.
27. The design code states that that proposed buildings will be clad with a mix of square cut or rough granite stone, slate, timber and render.
Identity Areas
28. The design code divides the application site into 5 Identity Areas, consisting of Kresen, Penhale, Ninestones, Carluddon and Clay Country.
Kresen Identity Area
29. The Kresen Area is south of Penwithick, around the current double roundabout junction, and contains the proposed mixed use village centre including the larger local centre, the school and higher density housing. Kresen is the village centre which would contain feature buildings and a village square with a mix of uses to create a community focus and a point of interaction. It also provides a link to the east towards the Eden Project and west to the A391.
30. The code states that development in this Area will enclose a village square with active edges (windows and doors orientated towards the square) including the school, health and community buildings and residential. Small office space to be located above ground floor retail uses to assist natural surveillance and to increase the height of development to help enclose the square. All shop fronts and proportions are intended to follow the best practice design as set out in the CC Design Guide.
31. The primary roads are shown with pavements which abut the carriageway (no grass verges) at a width of at least 3m to allow for cycling and all the lanes and courtyards within the area are intended to have pedestrian priority.
Penhale Identity Area
32. This Area is located around the former hamlet of Penhale, to the west of the A391 and surrounds in part the Great Treverbyn and Penhale lakes. The Design Code states that the Area is predominantly for family housing to frame the lakes and to provide visible frontage to the A391 and includes Local Centre 2. Formal recreation space is shown adjoining the Great Treverbyn Lake, allowing for sports such as cricket or rugby and/or a sports pavilion, and pubic open space, including links to the Clay Trails and green corridors, are identified as is space for micro allotments.
Ninestones Identity Area
33. The Ninestones Identity Area is located to the west of the Penhale Area and south west of Lake Penhale. This contains a lower density residential area with a mix of detached, semi- detached and short terraced units. Building heights are restricted to 9m by the Parameter Plan.
Carluddon Identity Area
34. This Area contains medium and higher density residential development (45-50 DPH) around the spine of the old A391 Penwithick Road. The building heights range up to 9m to the south and 13m towards Kresen. Links are provided to connect the proposed village centre to the remaining part of the western side of the A391.
Clay Country Landscape Identity Area
35. The Clay Country Identity Area provides a green structure and edge to the development and is characterised by informal open space, improved Clay Trails along Lower Ninestones, cycle and bridleway links, habitat creation and opportunities for 2 solar farms.
Cut and Fill
36. This application will result in the re-contouring of the application site in order to provide a suitable platform for the proposed land uses. Based on Design Code parameters, the applicant advises that the overall cut and fill schedule for the development will be neutral. No soil is anticipated to be exported or imported to/from the site.
Planning Obligation
37. Draft Heads of Terms for Sections 106 and 278 Planning Obligations have been submitted and are summarised as follows:
Phasing
38. Not to commence development until a phasing plan has been submitted to and approved in writing by Cornwall Council. The phasing plan shall specify the order in which each phase of development and related infrastructure and ecological mitigation/enhancement works shall be carried out; with the aim of ensuring comprehensive development. The first phase shall contain a maximum of 350 dwellings, Local Centre 1 and the proposed school. Details of the school are set out at paragraphs 54-59 below. Affordable Housing
39. 30% affordable housing, with 70% Affordable Rent transferred to a registered provider and 30% Intermediate Housing. Intermediate Housing includes registered provider shared ownership/intermediate rent/intermediate sale/rent to buy and starter homes. Mix:
Number of bedrooms % Mix Number of Affordable Intermediate dwelling rent housing
1 bed flats/ 17% 75 75 - bungalows/ maisonettes (2 person) 2 bed flats/ 12% 55 45 10 maisonettes (3/4 person) 2 bed houses (4 31% 140 90 50 person) 3 bed houses (5 31% 140 65 75 person) 4 bed houses (6/7 8% 35 35 - person) 5 bed houses (8 1% 5 5 - person) Total 100% 450 315 135
25% to be provided at accessible homes standards All affordable housing to be built to national space standards
40. Phasing of Affordable Homes:
No Occupation of more than 50% of the Open Market Dwellings shall take place until 50% of the Affordable Dwellings have been completed in each phase. The size of the phase to be agreed as part of the phasing plan outlined at paragraph 37 above. No Occupation of more than 75% of the Open Market Dwellings shall take place until 100% of the Affordable Dwellings have been completed Each phase will deliver a minimum of 30% Affordable Housing (the total being cumulative so that if early phases deliver more than this target further phases will be reduced accordingly)
41. Affordability:
80% of market rents capped at local housing allowance Shared ownership capped at 2.5% on the unsold equity Intermediate sale at 70% of market value
42. The Government’s Starter Homes and Rent to Buy Initiatives to be addressed within the Section 106 Agreement.
Transportation and Movement
43. Before the first reserved matters application is approved a Transport and Movement Strategy should be submitted and agreed with the Local Planning Authority. This will set out the programme of works required and trigger points for contributions to facilitate the development under the following subheadings to a maximum of £4.4m.
Highway works Travel plan Public transport enhancement Pedestrian connections Cycle facilities Electric motor vehicles Air quality
Highway Works
44. This will involve a contribution of 1.1 million for improvements works at the Tregonissey junction, £750,000 to improve the Slades Road/Sandy Hill Junction and £201,000 to improve the A391 Scredda roundabout. The contribution is to be secured by 278 Agreement.
Travel Plan
45. Not to occupy the first residential unit unless a travel plan in respect of the residential development has been submitted to and approved in writing by the Council. Not to occupy the residential development otherwise than in accordance with the approved travel plan
Public Transport
46. The applicant to work with the Council to facilitate the linkage into the site of existing bus routes to link the site to St Austell town centre. A delivery mechanism, to be known as the ‘Transport and Movement Strategy’, for this linkage will be agreed as part of the first reserved matters.
47. The applicant will support the enhanced provision of the 27 Bus Service for a period of 5 years from the occupation of the first dwelling to a maximum total of £1.5 million of the overall transport contributions. This contribution would be used to fund the proposed ’27 Showcase Corridor’ for bus service 27 between Truro, St Austell and Bodmin and, specifically, to update the bus fleet on this route including waiting facilities and to provide real-time bus information, smart integrated ticketing, a higher frequency of service and for the route itself to include the application site; with an expectation for the service to stop direct at the site every 0.5 hours. Pedestrian Connections
48. An access plan to demonstrate pedestrian connections between the site and nearby settlements will be submitted as part of each reserved matters application. The delivery of the pedestrian connections will be set out and agreed in the Transport and Movement Strategy or as part of each reserved matters application.
Cycle Facilities
49. Electric bike charging facilities to be provided for each residential dwelling and at places of work around the site
50. To establish the opportunity for cycle hire facilities including electric and non-electric bikes by agreed trigger points. This will include details of the opportunity for cycle hire facilities and how these will be promoted.
51. Works to construct extended Clay Trail cycle routes and new connections to the site shall be carried out by trigger points agreed in accordance with the phasing plan.
Electric Motor Vehicles
52. Electric motor vehicle charging facilities to be provided for each residential dwelling and at places of work around the site.
53. To establish and operate an electric motor vehicle loan scheme, subject to viability, for the purchase of electric vehicles by residents of the development by an agreed trigger point. Details of the loan scheme to be submitted to and agreed in writing by the Council.
Air Quality
54. Contribution towards the St Austell Air Quality Action Plan of £113,000 the triggers for payments to be phased as part of the Transport and Movement Strategy for the site. This would be the first contribution received from planning proposals for this Action Plan.
Education
55. To safeguard a minimum of a 2.23 hectare site for the provision of a two form entry primary school, which will be transferred to a nominated party in accordance with the Education Delivery Mechanism to be agreed.
56. The first reserved matters application shall include the detailed application and specification for the first form entry primary school (and demonstrate how this will be able to be extended into a two-form entry primary school by the occupation of the 538th dwelling). 57. An Education Delivery Mechanism for provision of the one form entry primary school is to be agreed prior to commencement of the first reserved matters application to ensure this is delivered as part of the first phase of development.
58. A review of the Education Delivery Mechanism for provision of the second form entry primary school is to be agreed prior to commencement of the 538th dwelling.
59. The applicant shall work together with the Council’s Education Infrastructure Team to seek to obtain funding to construct a one-form entry primary school.
Community and Health Facilities
60. To demonstrate in the first reserved matters application how these will be delivered as part of Local Centre 1.
Employment
61. A commitment to enter into informal partnerships with the Local Education Authority to devise and support appropriate training courses and apprenticeships shall be submitted to and approved in writing by the Council and implemented in accordance with the agreed details.
62. To use best endeavours to support the utilisation of local supply chains, and labour in the construction of the development.
63. No later than 6 months from the completion of each phase containing residential floorspace, a survey of the number of residents of the development working from home or live work units and/or whose workplace is within 2 kilometres of their home or access work by public transport should be undertaken and provided to the Local Planning Authority. If the survey confirms that less than the target of 40% of residents that are employed or actively looking for work are either working from home, live work units and/or working from a workplace which is within 2 kilometres of their home, proposals setting out how subsequent phases of the development will seek to increase employment opportunities should be submitted to and approved in writing by the Local Planning Authority. Such proposals may include the provision of live work units and work hubs within future phases and should have regard to external factors beyond the control of the developer such as prevailing economic conditions.
Sky Tip
64. The Section 106 to also designate this part of the site as an area within which no works to actively re-profile the land shall be undertaken, with the exclusion of works to ensure health and safety and any other requirements necessary for the aim of retaining the existing profile and form are observed. No public access to be permitted.
65. Any significant amendments to the profile would require a separate planning application for the engineering operations to be submitted and approved by the local planning authority following due process and community consultation, unless under emergency, including health and safety, conditions where the safety to members of the public or buildings is at risk.
Land Trust
66. Prior to the Commencement of Development a plan to establish a Land Trust for 141 hectares (350 acres) of land to be held as public/private Green Infrastructure. The plan shall include details of the mechanism to establish and operate the Land Trust, a plan identifying public and private areas, the typical uses to be included within the GI, a Green Infrastructure Management Plan (GI Management Plan), an associated health and safety statement, and secured funding streams which must be shown to cover the operational costs. The Land Trust shall be established prior to the occupation of 50% of the residential units in the first phase of development.
67. The GI Management Plan will be prepared in accordance with the Green Infrastructure Management Plan Framework (GI MPF) submitted and approved as part of the Planning Permission. The provision, development and operation of the Green Infrastructure on-site shall progress in accordance with the approved GI Management Plan unless otherwise agreed through a review of the GI Management Plan. Any review of the GI Management Plan shall have a consequent review of the health and safety statement and secured funding streams. The ongoing provision, development and operation of the Green Infrastructure shall then progress in accordance with the revised approved GI Management Plan until such time as a further review is agreed in line with the above process.
68. Should the Land Trust not be established prior to the occupation of 50% of the residential units in the first phase of development, or the requirements of the GI Management Plan are not fully met for any particular phase, a payment equivalent to the Council’s Open Space provision contribution will be required to be paid per completed dwelling in that phase and for each and every dwelling completed per phase thereafter that point in time, prior to occupation of the relevant phase. In addition, the requirements for mitigation for western rustwort shall be undertaken by the landowner in the absence of these obligations being passed to the Land Trust. In addition, the Land Trust, or Landowner in the absence of these obligations being passed to the Land Trust, shall maintain any unadopted and non-privately controlled drains or drainage features including SuDS and primary discharge points within the application site boundary and including Ruddle Pit and Alseveor Pit. Should the Land Trust be set up at a later point in time, no funds provided under the Open Space payment above shall be returnable.
Sports and Play Provision
69. Specified sports pitches and play areas to be provided by trigger points agreed in the phasing plan.
On-site Ecological Mitigation
70. With the submission of each reserved matters application, proposals for on-site ecological mitigation and its phasing, in line with the Framework Ecological Mitigation Strategy, shall be submitted and agreed as part of the reserved matters application. Proposals agreed as part of any reserved matters application, shall be implemented, retained and monitored in line with the agreed proposals and phasing.
Off Site Ecological Mitigation
71. The land outside of the application boundary at Prosper Pit shall be provided as ecological mitigation land to enhance existing wetland habitats and create replacement wetland habitats.
Western Rustwort Management – Baal Pit SAC Unit
72. Management of the Baal Pit SAC unit as identified on Plan No. C115562-03-01 in accordance with the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 Rev B) will be carried out in perpetuity for the lifetime of the West Carclaze Eco-community development.
73. With the submission of the first reserved matters application, an Outline Management Plan for the Baal Pit SAC Unit as identified on Plan No. C115562-03-01 covering a 20 year period beginning immediately prior to the commencement of development shall be submitted and agreed as part of the reserved matters application. The Outline Management Plan will ensure that the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME 115562-03 Rev B) are provided.
74. A new Outline Management Plan will be submitted to and agreed with the Local Planning Authority at the end of the 20 year period.
75. With the submission of the first reserved matter application a Detailed 5 Year Management Plan for the Baal Pit SAC Unit as identified on Plan No. C115562-03-01 shall be submitted and agreed as part of the reserved matters application. The Detailed 5 Year Management Plan will ensure that the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 Rev B) are provided.
76. A Condition Assessment of the Baal Pit SAC Unit will be undertaken every 2 years following the implementation of the identified mitigation measures to review the management prescriptions over the next 5-10 year period.
77. A new Detailed 5 Year Management Plan informed by the Condition Assessments will be submitted to and agreed with Cornwall Council every 5 years.
Western Rustwort Management – Prosper Pit SAC Unit
78. Management of the Prosper Pit SAC unit as identified on Plan No. C115562-03-01 in accordance with the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 RevB) will be carried out for a period of 20 years beginning immediately prior to the commencement of development. 79. With the submission of the first reserved matters application, an Outline Management Plan for the Prosper Pit SAC Unit as identified on Plan No. C115562 03-01 covering a 20 year period beginning with the commencement of development shall be submitted and agreed as part of the reserved matters application. The Outline Management Plan will be informed by an up-to-date Condition Assessment of the Prosper Pit SAC Unit. The Outline Management Plan will ensure that the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 RevB) are provided.
Western Rustwort Management – West Carclaze Eco-Community Site
80. Management of the West Carclaze Eco-community site as identified on Plan No. PS003 in accordance with the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 Rev B) will be carried out in perpetuity for the lifetime of the West Carclaze Eco-Community development.
81. With the submission of the first reserved matters application, an Outline Management Plan for the West Carclaze Eco-community site as identified on Plan No. PS003 covering a 20 year period beginning immediately prior to the commencement of development shall be submitted and agreed as part of the reserved matters application. The Outline Management Plan will ensure that the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 Rev B) are provided.
82. A new Outline Management Plan will be submitted to and agreed with the Local Planning Authority at the end of the 20 year period.
83. With the submission of the first reserved matters application a Detailed 5 Year Management Plan for the West Carclaze Eco-community site as identified on Plan No. PS003 shall be submitted and agreed as part of the reserved matters application. The Detailed 5 Year Management Plan will ensure that the measures identified in Section 7 of the shadow Habitats Regulations Assessment (Report RT MME-115562-03 Rev B) are provided.
84. A Condition Assessment of the West Carclaze Eco-community site will be undertaken every 3 years following the implementation of the identified mitigation measures to review the management prescriptions over the next 5-10 year period.
85. A new Detailed 5 Year Management Plan informed by the Condition Assessment will be submitted to and agreed with Cornwall Council every 5 years.
Relevant constraints:
86. The constraints recorded on the application site are as follows:
Area of Great Historic Value: Trethowel Valley Airfield Safeguarding Zone Newquay Airfield Safeguarding Zone Roche Critical Drainage Area St. Austell Critical Drainage Area. Cornwall Wildlife SitesName: Carbis Moor. Definitive Footpath Routes 424/22/1, 424/26/1, 424/31/1, 424/46/1, 424/46/1, 424/31/1, 424/26/1 and 424/22/1 Hazardous Substances Mineral Consultation Area: St Austell China Clay Area Potentially Contaminated Land Special Area of Conservation: St Austell Clay Pits Site of Special Scientific Interest: St Austell Clay Pits
Relevant planning/enforcement history:
Previous Eco Community Application
87. A hybrid planning application was submitted for ‘Land at West Carclaze and Baal’ by Eco-Bos in 2011. This incorporated 310 hectares of land previously used for former china clay operations and proposed up to 2,000 new homes, holiday lodges, local centre including employment uses, transport measures, cycle and walking routes, public open space and landscaping. CC Ref: PA11/01390. Part of this site included all of the current application site. The full description of the planning application was:
88. ‘Hybrid application for a mixed use Eco Community comprising: Outline element for up to 2,000 dwellings (including holiday lodges) with up to 40% affordable housing; mixed use local centre containing employment, community, retail, education (including primary school) and leisure facilities; technology park; public transport measures and highway improvements including part re-alignment of A391 and downgrading of existing A391; footpaths, cycle ways and bridleways; site remodelling; landscape and open space habitat/ allotment provision; drainage measures and associated infrastructure. Detailed pilot (first phase) comprising 92 dwellings (23 affordable units); business, community, retail and transport hub; vehicular accesses from the Eden Road and A391;footpath improvements to A391; landscape/ open space reinstated lake with habitat area and associated infrastructure works.’
89. This application was withdrawn in August 2014.
A391 Road Improvements
90. A full planning application was approved by Cornwall Council in March 2013 ‘Carluddon A391 Road Improvements’ incorporating the construction of a new section of the A391 at Carluddon to the north of St Austell. CC Ref: PA12/11542. The current planning application includes new junctions off the approved and now built new section of A391. The full description of the planning application was:
91. ‘Road improvement works to the A391 at Carluddon to construct a new 40mph single carriageway road approximately 1.6km in length with connections to the existing highway. The new road will diverge from the existing A391 near Penwithick (just north of Penhale Road) continue south close to the sky tip and join back into the existing Scredda roundabout. The proposal will also comprise a new roundabout providing access to the existing double mini-roundabouts, alterations to the existing Scredda roundabout, provision of new non-motorised user routes alongside, leading to and away from the carriageway, provision of 2 no. over bridges crossing the proposed road, at grade pedestrian crossings, new bus stops, provision of bus only access to the existing A391 from the south resulting in general access to Carluddon from the north only and the relocation of the existing China Clay operational pipelines.’
PA12/11546 - Employment Space
92. A hybrid planning application was submitted for ‘Carluddon Technology Park’ by Cornwall Council in December 2012 incorporating the construction of the phase 1 building called ESAM (Employment Space for Advanced Manufacturing) and establishing the principle of employment development on the phase 2 land for up to 6,000 square metres of B1, B2 or B8 uses. CC Ref: PA12/11546. The proposed technology park is located next to the new A391, adjacent to the application site. The full description of the application is:
93. Hybrid planning application for a 2.8 ha technology park seeking:
(i) Detailed permission for circa. 2300 sqm gross internal floorspace employment building for B1 (business) and B2 (general industrial) purposes with associated access, parking and landscaping. (ii) Outline permission for the remainder of the Technology Park consisting of up to 6000 sqm of gross external floorspace for B1 (business), B2 (general industrial) and B8 (storage and distribution) purposes with associated access, parking and landscaping including full detail of development platforms and site servicing with associated landscaping.
94. The application was approved on 11 April 2013. The building approved by the detailed part of this permission is currently under construction whilst the outline permission remains extant.
Solar Farms
95. Two full planning applications for solar farms on circa 12 and 3.7 hectares of land were approved on the application site on 28 August 2015. CC Refs: PA15/03922 and PA15/03935. The solar farms were approved on the same locations as shown on the masterplan for the current application. The solar farm to the nearby west of Great Treverbyn Tip is currently being built.
Minerals
96. The application site is a subject to extant planning permission for mineral activity (CC Ref: Renewal of Old Mineral Permissions (ROMP) 97/00965). This permission covers a much larger China Clay working area than the application site itself and divides the subject land into Operation Areas; the application site is shown as Operation Areas 28 (Penhale) and 29 (Baal).
97. Condition 1 on 97/00965 states that the Mining Operations shall cease on the site after 21 February 2042 unless planning permission is granted for the continuation of operations beyond that date. It requires also for the site to be reclaimed in accordance with Restoration Conditions by 21 February 2047.
98. Condition 5 on 97/00965 requires the submission and approval of individual Schemes of Working, Restoration and Aftercare for each Operational Area. Condition 4 states that operations, restoration and aftercare must be carried out in accordance with any existing conditions imposed on the original planning permissions until Schemes of Working, Restoration and Aftercare submitted in relation to Condition 5 are approved.
99. Schemes of Working, Restoration and Aftercare for Operation Areas 28 and 29 were submitted in 2009 (CC Ref: NR/09/00486/ROMPS) and 2005 (CC Ref: NR/05/00519/ROMPS) and at present both are undermined. In 2013 a Periodic Review ROMP was submitted which covers the wider St Austell China Clay district including the application site (CC ref: PA13/01142). This application is pending consideration. None of these applications provide detail on how the current application site would be restored.
100. Until such time as a Scheme of Working, Restoration and Aftercare for Operation Areas 28 and 29 is approved, Condition 4 of 97/00965 requires for operations, restorations and aftercare on the application site to be carried out in accordance with conditions on the previous approvals, being 17307/C (approved 27/11/1961); 2263/CC, 22637/CS and 22719/CS (approved 16/12/1963); 26974/C (29/03/1965); 27960/CS (26/07/1965); and 58597/C (12/12/1973). All of these permissions are silent on the issues of method of working, restoration and aftercare.
101. Condition 21 on 97/00965 address the scenario of a cessation of china clay works prior to an approved Scheme of Working. It states that ‘in the event of a cessation of winning and working of minerals prior to the completion of an approved Scheme of Working, which in the opinion of the MPA constitutes a permanent cessation with the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation, aftercare and a programme of implementation (including a timetable) shall be submitted in writing for approval to the MPA, within 12 months of cessation of wining and working. The approved revised scheme shall be implemented in accordance with the approved programme’. Cornwall Council officers have not formally examined the test of whether or not ‘cessation’ has occurred on the application site but have informally agreed with the land owner (Imerys) that if a non-ROMP decision is made on the land (such as the current planning application) then such would become the approved restoration plan or alternatively if the non-Romp proposal were not to proceed then restoration requirements would revert back to the ROMP where the actual works would need to be specified and delivered within a time period, such as 2 years for example.
102. In summary, the application site remains in operational use associated with mineral extraction but no mineral is currently being extracted from the site itself. The site is currently required to be restored by 2047. There is a possibility for the land to be restored prior to this date if a Scheme of Working, Restoration and Aftercare is first approved; and/or if CC formally determine that a ‘cessation’ of winning and working of minerals has occurred; or if a non-ROMP application is approved which provides a restoration plan. To date this has not occurred although this could change quickly. With the exception of the current application no robust details have been submitted to demonstrate how the site could be restored.
Relevant local/national policy/guidance:
103. Under section 38(6) of the Planning and Compulsory Purchase Act 2004 decisions on applications for planning permission and appeals must be taken in accordance with the development plan, unless there are material considerations that indicate otherwise.
104. In Cornwall the development plan comprises of the Cornwall Local Plan Strategic Policies 2010 – 2030 (adopted 22nd November 2016) as well as the 'saved' policies from the adopted Local Plans which include minerals and waste Local Plans.
105. The Council considers that 16,407 dwellings are deliverable and capable of being developed within the 5 year period. This equates to 5.25 years supply. Thus, in terms of Framework 49, the relevant policies for the supply of housing are up to date so that bullet point 2 under “decision taking” in Framework 14 does not apply. In accordance with Framework 12, the proposals should be considered against the local development plan, emerging policies and other material considerations.
106. Cornwall Local Plan Strategic Policies 2010 - 2030:
1- Presumption in favour of sustainable development 2 - Spatial strategy 2a - Key targets 3 - Role and function of places 4 – Shopping, Services and Community Facilities 5 – Business and Tourism 6 - Housing Mix 7 - Housing in the Countryside 8 – Affordable Housing 10 - Managing Viability 12 - Design 13 - Development standards 14 - Renewable and low carbon energy 16 - Health and wellbeing 18 – Minerals Safeguarding 21 - Best use of land and existing buildings 22 - European protected sites - mitigation of recreational impacts from development 23 - Natural environment 24 - Historic environment 25 - Green infrastructure 26 - Flood risk management and coastal change 27 - Transport and accessibility 28 - Infrastructure
Policy 14 and Policy SA7D of the Restormel Local Plan 2001 are saved policies set out in Appendix 3 of the Cornwall Local Plan. Policy 14 relates to Areas of Great Landscape Value. The nearest Area of Great Landscape Value is approximately 2.5km to the east of the site.
Policy SA7D relates to a housing allocation at Phernyssick Road for 5 dwellings. Planning permission was refused at appeal (LPA reference: C2/06/00107) for the erection of 5 dwellings by decision dated 7th January 2008. No subsequent applications for planning permission on the site have been made.
107. National Planning Policy Framework 2012:
Achieving Sustainable Development:
Chapters
1 - Building a Strong, Competitive Economy 2 - Ensuring the vitality of town centres 3 - Supporting a prosperous rural economy 4 - Promoting sustainable transport 6 – Delivering a wide choice of high quality homes 7 - Requiring good design 8 - Promoting healthy communities 10 - Meeting the challenge of climate change, flooding and coastal change 11 - Conserving and enhancing the natural environment 12 - Conserving and enhancing the historic environment
Paragraphs
196-198 – Determining applications 203-206 – Planning conditions and obligations
108. Other Policy and Guidance:
Cornwall Site Allocations Development Plan Document Housing Implementation Strategy 2016 Cornwall Design Guide 2013 Cornwall AONB Management Plan 2016-2021 National Planning Practice Guidance Circular 06/2005 - Biodiversity and Geological Conservation - Statutory Obligations and their impact within the Planning System. The Wildlife and Countryside Act, 1981 The Conservation (Natural Habitats) Regulations 1994 The Countryside and Rights of Way (CRoW) Act, 2000 The Hedgerows Regulations, 1997 Natural Environment and Rural Communities Act 2006 The Conservation of Habitats and Species Regulations 2010
Consultations:
109. Some of the following responses received from Consultees have been summarised. A full transcript of the consultee comments can be read via the online planning register on Cornwall Council’s website.
110. Some of the consultee responses below show more than one response. This is because the Council received new information for this application on 14 February, the content of which is summarised in paragraphs 441-442 below; subsequently re consulted consultees; and to date only some have had the opportunity to reply. The deadline for consultees to reply is 16 March and members will be updated on any responses received after the writing of this report at your meeting on 30 March.
111. St Austell Town Council:
A response to the revised details for the application is awaited and members will be updated on this.
Response received 26.02.2015:
Although there was some support for the proposal, the majority of the members of the public who spoke were opposed to it. The Town Council considered the arguments for and against the application and noted the proposed Section 106 contributions. After a lengthy debate, the Town Council resolved to object to the application on the following grounds:
The inadequate level of affordable housing Concerns with regard to flooding and drainage The impact on highways and transportation The proposed timing of the provision of the education establishment The proposals falling short of the standards for job provision in the St Austell, St Blazey and China Clay Area Regeneration Plan.
It was suggested during the debate that Cornwall Council ought to ensure that their strategic planning committee have a detailed site inspection and convene a public meeting in one of the clay villages prior to considering this application.
112. Roche Parish Council:
Object – Increased traffic through the village of Roche and no relief road to take it away is in place
113. Treverbyn Parish Council:
A response to the revised details for the application is awaited and members will be updated on this.
Response Received 12.02.2015
The documentation presented with the application contradicts itself on numerous occasions and is completely away from the original proposals put forward by Ecobos which emphasised that it would be building on brown field areas not green field sites transforming good agricultural land. Outside the development envelope and is contrary to Restormel Local Plan that is frequently referred to in other planning applications, in particular terms of Policy 76 (Housing outside of Development Envelopes). It is obvious that the Infrastructure plan is not suitable to cope. Confirmation is needed that a road be constructed directly linking A391 to A30 prior to the building of the first phase. Traffic problems are already extremely bad, this has been proven by the temporary traffic lights during road construction and will be undoubtedly be increased with the proposed traffic calming for Stenalees and Bugle.
Surely any public amenities i.e. doctor's surgeries, dentists and most definitely any school must be prioritised at the commencement of the development not as suggested well into the phase programme.
No definite proposals or recommendations on where people will be employed. Also concerns that all the extra drainage and surface water is proposed to go through the mica dams.
Priority should be given to local people/ families to be able to purchase the properties. The recommendation of only 25% affordable in the first phase is below the figure recommended by Government.
Density of 1500+ homes is far too many for the area, not included in the St Austell Local Plan or County Plan.
Treverbyn Parish Council therefore objects to this application.
114. Luxulyan Parish Council:
Response received 12.03.2017
Luxulyan Parish Council (LPC) shares the concerns raised by Roche Parish Council, Treverbyn Parish Council and St Austell Town Council. Until these points are fully addressed by the developer and case officer, LPC finds itself unable to make a different decision to its February 2015 decision (see below) about this development. The development is of such a size that it will significantly affect the landscape, drainage, traffic patterns, preschool, primary school and secondary school attendance figures, the availability of doctors, dentists and hospital beds, in short, all essential services that are now struggling to serve the current numbers. There is not sufficient provision/planning for jobs available to these homebuyers, and a very small percentage of the homes will be affordable, lower than nationally recommended percentage. LPC awaits a comprehensive explanatory document from the Planning Authority addressing the issues highlighted by the affected parishes so that it can comment intelligently on the plans.
Earlier response received 20.02.2015
Luxulyan Parish Council objects to the proposed eco-community PA14/12186 because it can be shown to be unsustainable for the following reasons: (1) Traffic: The application's Cumulative Effects chapter 16 states "Overall congestion is predicted to worsen with these developments but appropriate mitigation will also be required which has not been identified at this stage." As the traffic situation on the A391 and its feed-in roads is already bad, the impact of this development, plus the "construction of the 882 new dwellings and the likely additional population of about 2,200 people who will be accommodated in the 10 new developments " will severely overwhelm the current and planned roadworks of PA14/12186. No plans have been put forward to directly link the A391 and A30. Cornwall Council as the Highway Authority is acting contrary to the National Planning Policy Framework (NPPF), Section 4. In addition it should be considered that the allocation of 1.5 cars per household may be a grave underestimation of the actual number of cars for the site and contravene NPPF, paragraph 39, "take into account... local car ownership levels".
(2) Employment: The application does not appear to take into consideration the high amount of sub-employment and the seasonal nature of the employment in Cornwall, particularly in the surrounding communities. Employment of this nature does not lend itself to paying the mortgage for a house. The application's Socio-economic Chap 11, paragraph 11.2.23, states that infrastructure for employment is critical, but does not identify any source of employment. No source(s) of employment have been identified for the new mortgage-paying population and this contravenes NPPF, paragraph 37 and 158.
(3) Schools: There are no concrete plans from the applicant or any other group to build a primary school, which should be a first priority, because as the report states: "There is pressure on primary schools in the area and the sensitivity of the receptor is high. However the new primary school planned at West Carclaze is likely to be built by 2020... ." This appears to be in keeping with NPPF paragraph 38, but actually is not because there is no commitment, just vague expectation.
(4) Development of Greenfields sites: The NPPF encourages the use of brownfield sites for development, yet this eco-community extends into farmland, and in future wishes to then infill between its border and Penwithick at stages TP-1, TP-2, and TP-3, which is entirely farmed land.
(5) In conclusion: Luxulyan Parish Council has noticed that the plans are very hopeful that jobs will be found and homes will be sold and schools built; however, there is no strong evidence that this will happen. Should the developer begin to lose his expected profit margin, the planned amenities for this large community will not materialise. If the project on this scale does go ahead, Luxulyan PC requests that the allocation of funds for the school, health centre, recreation hub, public rights of way, etc be prioritised at Stage 1, ring fenced and protected.
115. Carlyon Parish Council – updated response awaited:
Response Received 18.02.2015 The Parish Council objects to this application for the following reasons:
1. This is not the Ecotown development in the form that the Government originally set out. 2. Is there an identified need for this number of houses in the area? 3. Concerns about the infrastructure - it does not appear that this will be put in place before building commences, thereby putting a severe strain on transport locally. 4. Residents of Tregrehan have serious concerns about an increased flood risk to the village.
116. St Stephen In Brannel Parish Council:
No comment.
117. CC Principal Public Space Officer (Landscape):
Overall landscape support with only one major and several minor reservations as follows;
i. The most significant landscape concern relates to the inclusion of a development cell north of the A391; this is isolated from both the new development and Penwithick and will heavily detract from the entirely vegetated frontage of the northern side of the A391, resulting in significant loss of trees and appearing out of kilter with the wider proposal.
More minor points include;
ii. Some of the landscape detail contained in the Design Code; recommendation that the final detail of the Design Code is conditioned to fine tune the planting details, species list, height and form of boundary walls etc. iii. The masterplan needs to retain the important newly developing woodland edging the A391 and B road together with the newly planted landscape features as identified on Outline Landscape Proposals Plan, Carluddon A391 Road Scheme and Technology Park. iv. Full retention of existing Cornish hedgerows and reinstatement of these where historically lost.
118. CC Principal Public Space Officer:
The National Planning Policy Framework 2012 requires that a robust and up to date assessment is made of local open space provision to inform planning. Whilst this has been undertaken for St Austell, it has not been done in the China Clay area, but there is now an adopted methodology for Cornwall: http://www.cornwall.gov.uk/environment-and-planning/parks-and-open spaces/open-space-strategy-standards . Ordinarily the existing open space standards apply, unless the developer carries out this assessment, and can demonstrate that there is an existing provision that is satisfactory in quantity, accessibility and quality terms. However, it is recognised that owing to the isolation of the development location, it does not seek to share existing open spaces, and the eco-community design principles suggest that it will, if possible, be completely self- serving in open space terms. Since February 2015 the Council’s Public Space Team has been evaluating provision in the remaining of Cornwall’s existing settlement areas with 1000 dwellings or more. The 17 settlement areas range from St Blazey, Par and Tywardreath with 4685 existing dwellings down to villages such as St Dennis and St Stephens with around 1000 homes. Using a consistent approach unique future standards have been established in consultation with stakeholders, for each area. It is therefore considered that the average of these future standards provides the best benchmark for assessing the minimum required from the new Eco-community at West Carclaze (1500 dwellings). As natural space varies considerably we use the median value rather than the average, which is skewed by a minority of exceptional levels (e.g. St Agnes and Roche). Also as the 8 settlements on the coast typically have more natural space than the 9 inland communities, we have split some requirements into two: general smaller settlement average/median (GSSA/M) and inland smaller settlement average/median (ISSA/M).
In quantity terms the development should set out to create a balance in the following six essential forms of open space, as defined in the new adopted strategy for larger towns in Cornwall. For 1500 dwellings this equates to a minimum of:
1. Parks and amenity – 2.5Ha (GSSA) to 2.8Ha (ISSA) – Delivered with a number of individual sites min area 1000sqm. 2. Natural open space – 8.1Ha (ISSM) to 10.8Ha (GSSM) – Delivered with general green infrastructure throughout site. Min area 1000sqm. [Note if we applied the GSSA this would amount to 23.8Ha.] 3. Outdoor sports space – 5.4Ha (GSSA) including type 8 sport e.g. school – minimum of 1.0Ha should be type 3 public sport. 1Ha is minimum size for a single strategic facility. 4. Children’s Equipped play – 2318sqm (GSSA) to 2415sqm (ISSA). Delivered with a number of individual sites min area 500sqm. 5. Youth provision – 790sqm (GSSA) to 863sqm (ISSA). Recommendation 1 or 2 sites if compliant, dependent on accessibility standards. 6. Allotments – 4579sqm (GSSA) to 6435 (ISSA). 1 or 2 sites.
Total approx. 25Ha (GSS) to 30Ha (ISS)
The adopted Open Space Strategy for Larger Towns in Cornwall (2014) includes accessibility standards for the above types of open space, as well as design requirements, which have been tested and apply to the scale of this development.
Where the development is not able to meet its open space requirements suitably & in full on-site, or where provision is a component of a later phase, off-site contributions will be calculated and sought in one combined sum, via a Section 106 agreement for each development application. Costs for off-site contributions have been adopted as part of the Open Space Strategy. These are applied to all dwellings and the payment should be made prior to occupation of 50% of dwellings. The allocation of these monies will be made in accordance with the Council’s adopted protocol. Any development creating open space including allotments will require an open space delivery plan outlining phasing, detailed design specifications, maintenance requirements and estimated costs and how this will be sustained in the long term, which must be submitted prior to commencement for approval by the planning authority.
119. CC Affordable Housing:
The Affordable Housing Team can confirm the application accords with the Cornwall Local Plan by providing 30% affordable housing – 70% rent and 30% intermediate housing. Support for the affordable housing scheme is subject to the completion of a satisfactory s106 agreement that ensures the affordable dwellings can only be occupied by a qualifying person in housing need and controls the tenure and affordability of the affordable dwellings.
Relevant Policy Position
We have considered this proposal in relation to policy 3, policy 8 and policy 13 of the Cornwall Local Plan 2010-2030. In accordance with these policies, this proposal provides for 30% affordable housing, 70% rent and 30% intermediate housing which will be built to nationally described space standards. In addition, 25% of the affordable dwellings will meet the accessible and adaptable homes standards.
Affordable Housing Need
The Housing needs evidence indicates there is a high level housing in this locality which more than adequately justifies the proposed type and mix of housing.
There are 1,882 households currently listed on the Cornwall Homechoice register who have a local connection to the 12 Parishes within the St Austell, St Blazey and China Clay Regeneration Area (which is made up of Roche, St Enoder, St Dennis, Treverbyn, St Stephen in Brannel, St Mewan, St Austell, Pentewan Valley, St Austell Bay, Carlyon, St Blaise and Tywardreath and Par. 674 applicants on the register are in bands A-C.
Council Min bed need Band 1 2 3 4 5 6 7 Total Band A 1 3 1 2 - - - 7 Band B 139 76 22 20 10 1 1 269 Band C 158 79 96 59 6 - - 398 Band D 102 97 13 1 - - - 213 Band E 451 388 141 14 1 - - 995 Total 851 643 273 96 17 1 1 1,882
It is common practice to prioritise applicants who have a local connection to the Parish where a scheme is located under a section 106 agreement. However due to the size of this application, it is suggested that applicants from a wider number of Parishes are prioritised in the first instance. There is logic in Treverbyn and St Austell parishes together being prioritised due to their proximity to the site (where there are 234 households and 813 households on the register respectively). However it is suggested that all applicants in the Parishes in the St Austell, St Blazey and China Clay Regeneration area benefit from the increase in affordable housing as this is a new settlement which will impact on the wider community.
Detailed affordable housing scheme
Locally and across Cornwall the highest level of affordable need is for homes to rent. The affordable housing mix proposed under this scheme delivers 70% affordable rent and 30% intermediate housing which accords with the Council’s policy and is detailed in the table below. The proposed percentage mix mirrors the house sizes and tenures requested by the affordable housing team (and reflect the housing needs of the wider St Austell, St Blazey and China Clay Regeneration area). The scheme will address the needs of single persons/couples who require affordable rented housing as well as first time buyers looking to get on to the housing ladder. There are also a number of larger sized units to rent to accommodate large families. Intermediate housing will potentially provide a variety of options for buyers including shared ownership (transferred to a registered provider), intermediate rent, intermediate sale restricted to 70% of market value, rent to buy as well as starter homes (once details of this scheme are known).
Number of bedrooms Percentage Number of Affordable Intermediate mix dwellings rent housing 1 bed flats/ bungalows / 17% 75 75 - maisonettes (2 person) 2 bed flats / maisonettes 12% 55 45 10 (3/4 person) 2 bed houses (4 person) 31% 140 90 50 3 bed houses (5 person) 31% 140 65 75 4 bed houses (6/7 8% 35 35 - person) 5 bed houses (8 person) 1% 5 5 - Total 100% 450 315 135
All the affordable housing is proposed to meet the minimum size standards set out in the Nationally Described Space Standards and it is anticipated that the affordable units to rent will be transferred to a local Registered Provider. Furthermore, 25% of all affordable units will meet the requirements of Category 2 of the Building Regulations Standards 2015 to be accessible and adaptable.
Section 106 agreement
The affordable housing heads of terms for the section 106 agreement are as follows: Affordable housing scheme
30% affordable dwellings – 70% rent (transferred to a registered provider) and 30 intermediate housing (housing mix as set out in the table above) Intermediate housing includes shared ownership (transferred to a registered provider), intermediate rent, intermediate sale restricted to 70% of market value, rent to buy and starter homes. Affordable Housing to meet the required housing standards 25% of affordable units to be built to accessible and adaptable building regulation standards
Local Connection
Parish local connection for 12 Parishes of Treverbyn and St Austell, St Austell Bay, Carlyon, Pentewan Valley, Roche, St Blaise, St Dennis, St Enoder, St Mewan, St Stephen in Brannel, Tywardreath and Par Final local connection area – applicants with a Cornwall local connection
Affordability
Affordable rents will be set at a maximum of 80% market rents or local housing allowance (inclusive of service charges) and rent charged on shared ownership are capped at 2.5% on the unsold equity.
Housing delivery
It is anticipated that the affordable housing for affordable rent and shared ownership will be transferred to a Registered Provider.
Phasing
It is expected that affordable homes are phased (built and sold) in parallel with market homes, with the following phasing anticipated; in any given phase:
- No Occupation of more than 40% of the Open Market Dwellings in each phase shall take place until 40% of the Affordable Dwellings have been completed - No Occupation of more than 75% of the Open Market Dwellings shall take place in each phase until 100% of the Affordable Dwellings have been completed
Each phase will target delivery of a minimum of 30% Affordable Housing (the total being cumulative so that if early phases deliver more than this target further phases will be reduced accordingly and vice versa) unless otherwise agreed with the local Planning Authority to allow early provision of infrastructure.
Conclusion The application is supported by the Affordable Housing Team as the proposal is judged to compliant with affordable housing policies. The proposal is set to deliver 70% affordable rented housing in an area of demonstrably high housing need and there will also be a variety of options for purchasers looking to get onto the housing ladder. The homes will meet the minimum size standards set out in the Nationally Described Space Standards and there will be an element of accessible homes which can be adapted to meet particular housing needs.
120. CC Mineral Waste Policy:
The proposed development falls within a Mineral Consultation Area which is subject to Policy S1 of the Cornwall Minerals Local Plan 1997 and which is shown on Inset 1a of the Proposals Map. In addition, Supplementary Planning Guidance is provided on restoration in the St Austell China Clay Tipping and Restoration Strategy.
Policy S1 states:
Planning permission will not be granted for development which would sterilise important mineral deposits, or be incompatible with extraction, associated mineral waste disposal or ancillary operations within Mineral Consultation Areas, unless, following consultation with the MPA, the determining authority accepts that:
a) The mineral reserve is recovered before development commences; b) There is an overriding need for the development and prior extraction, or tipping cannot be reasonably undertaken; or c) Extraction of the mineral or associated development is impracticable.
An assessment of the proposed development within the context of Policy S1 is set out below.
China clay is a mineral resource of limited distribution which is of international importance. There are limited deposits in Europe, those found in Cornwall (and to a lesser extent in Devon) being the most important.
The "areas believed to contain china clay reserves" are identified in Inset 1a of the Cornwall Minerals Local Plan 1997. Within the area of the proposed development these areas are shown at Baal, Ruddlemoor and Penhale Pits.
It is important to establish an independent view on the extent to which the china clay reserves/resources at Baal and West Carclaze can be regarded as "proven deposits of minerals which are, or may become, of economic importance within the foreseeable future". In 2012 an independent report was produced to independently verify the residual china clay reserves/resources at the Baal and West Carclaze Eco- town sites.
The key conclusions concerning West Carclaze are set out below:
- There is insufficient information to determine the quality, quality or economic potential of the residue material contained within the West Carclaze Dam. - Operations at West Carclaze ceased in 1980 and the available historical data suggests that most of the western area contains low grade material with brightness values falling well below that currently needed to produce even low grade filler products. - Based on work undertaken, it is concluded that none of the material in the western area of the West Carclaze and Baal Eco-community site has reasonable prospect for eventual economic extraction.
Therefore the proposed development is considered to be compatible with saved policy S1 of the Cornwall Minerals Local Plan 1997.
Should you be minded to grant planning permission for the proposed development, an essential consideration which must be addressed prior to implementation, is to rule out the potential for mineral working to recommence under the terms of the extant mineral planning permission in the area. It cannot be assumed that any planning permission for the proposed development will supersede any rights to recommence mining operations.
Therefore, in accordance with the NPPG, I would recommend that the applicant agrees to the unopposed revocation of the mineral planning permission at the site. This should be carried out through a legal agreement prior to the issuing of a decision notice.
121. CC Historic Environment Planning (Archaeology):
We have studied Chapter 7: Cultural Heritage and Archaeology chapter of the Environmental Statement by Oxford Archaeology (OA) submitted with this application in December 2014 and also consulted the archaeological and cultural heritage assessment carried out by AC Archaeology in 2010 for the now withdraw application PA11/01390.
We note that in sections 7.6.3 to 7.6.8 OA set out a programme of further survey (including geophysical survey of suitable areas which have not already been surveyed), possible intrusive evaluation trenching/ excavation and photographic recording to mitigate potential impacts of the development on the archaeology, built heritage and historic landscape, to be secured by planning condition and implemented prior to construction (Table 7.5).
We are satisfied with this staged approach to archaeological recording for the application site.
AC Archaeology’s 2010 assessment identified a range of upstanding and buried features of archaeological and historic significance, as set out in Appendices 1 and 2 of their report, with recommendations for retention or further recording work. We appreciate that some of these features are outside the current development footprint but as an initial stage of the programme of further work we would like to see those features identified in 2010 which are within the current footprint cross- referenced with the sites listed by OA so that consideration can be given to the implementation of earlier recommendations, if the current level of impact is comparable to that of the previous one. Recommendation
We recommend that if consent is given that a single archaeological recording condition of sections A-D inclusive (please do not split into separate Conditions), which includes words recommended by the Association of Local Government Archaeological Officers (ALGAO), as follows:
A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions, and:
1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. Provision to be made for analysis of the site investigation and recording 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation 5. Provision to be made for archive deposition of the analysis and records of the site investigation 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation
B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A). C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. D) The archaeological recording condition will normally only be discharged when all elements of the WSI including on site works, analysis, report, publication (where applicable) and archive work has been completed.
PLEASE NOTE: The archaeological condition relating to this planning permission will only be satisfied on implementation of this work and a satisfactory report received, not on submission and approval of the WSI. We recommend that you do not discharge this condition until advised to do so by ourselves. CJ
122. CC Environmental Health Planning Liaison:
Air Quality
An updated air quality assessment has been submitted for the proposed West Carclaze development. The assessment considers the development of 900 units and assumes an opening year of 2021. This presents a worst case as it is likely that a much smaller number of properties could be built in this time. A further assessment of 2030 is also undertaken, as well as screening for the potential impact of a total of 1,500 units post 2030.
St Austell is an Air Quality Management Area, and parts of the A390 are subject to exceedances of the UK annual mean objective for the pollutant nitrogen dioxide (NO2). The assessment has considered the impacts of the proposed development at 46 separate receptor locations in St Austell.
The assessment primarily considers the impacts of nitrogen dioxide and these comments relate to this pollutant. The baseline year chosen is 2015, however some of the figures calculated for the baseline are lower than measured in 2015 and therefore this reflects on the outcome of the future year scenarios. In order to try to account for uncertainty in the future year scenarios sensitivity testing has been carried out to predict a worst case scenario. This includes using emission factors (known as CURED) taking account of a lack of improvement in air quality (an improvement is predicted by national emission factors, but this has not been seen in reality) and that all units will be occupied in 2021.
Using this methodology the assessment predicts a slight to moderate adverse impact will occur at all receptor locations on Holmbush Road. The assessment predicts that these locations will not exceed the UK annual mean objective in 2021, however based on current monitoring data it is unlikely that the objective will be met at this time and therefore the future year results are still considered to be an underestimate. In 2030 the same locations are predicted to experience a slight adverse impact.
For 2021 Menear Road, St Austell and Stannary Road, Stenalees are also predicted to experience a slight adverse impact and this remains in 2030 for Stannary Road.
In line with the current ‘Chief Planning Officer’s Advice Note: Air Quality’ developments would either be considered not significant with an assessment of ‘negligible or slight’ impact or likely to be significant with an assessment of ‘moderate or substantial’ impact. It is therefore considered that the impacts of the proposed development are significant and may be underestimated in some locations. It is therefore appropriate to request that mitigation measures are put in place in order to offset the impacts of the development and to make the development acceptable in planning terms.
The applicant has suggested some mitigation measures that would be welcomed, however due to the location of the development and impact on traffic (additional 1,500 vehicles per day on Holmbush Road) some tangible measures will be required.
It is currently policy to require a s106 contribution based on the number of additional peak hour vehicle trips generated by a development. For this particular development the number of peak hour trips is expected to total 1890 and therefore the contribution towards the Air Quality Action Plan (at £60 per additional peak hour trip) is £113,400. The Clean Air for Cornwall Strategy (including the At Austell Air Quality Action Plan) is recommended for approval by the Cornwall Council Cabinet on 16th March 2017. Some of the actions would be appropriate mitigation for this development. This includes the Cornwall Eco Stars Fleet recognition scheme (to include two projects for fleet/freight vehicles and taxis). Although the scheme is not directly related to traffic from the development, due to difficulty with influencing private car travel it has been accepted that such as scheme could help to offset additional emissions from a development. To run the two schemes for two years, would cost around £85,000 in total. This is the most feasible scheme to be included from the St Austell specific Action Plan, however there is a generic Action Plan for the County which also contains relevant measures.
Due to the scale and location of the development is considered that either a car club, or public cycle hire facilities would be another feasible option and would help to reduce private car travel. These options should be discussed further with the applicant and Highway Development Management/Transportation to ensure they do not conflict with any proposal or recommendations for this or other development. It may also be feasible to use some of the s106 contribution towards these measures. If these options are not considered suitable, an alternative could be agreed.
In addition, the Clean Air for Cornwall Strategy requires developments to implement a range of additional measures to improve air quality. For a development of this size, this would include provision of electric vehicle charging points in commercial and residential property. The applicant has stated their aim for installation of electric vehicle charging points, however it is not clear how many are proposed. The level of provision should be in accordance with guidance contained within the Institute of Air Quality Management and Environmental Protection UK (2015) Guidance on Air Quality and Planning. Currently this is provision of at least 1 Electric Vehicle (EV) “rapid charge” point per 10 residential dwellings and/or 1000m2 of commercial floorspace. Where on-site parking is provided for residential dwellings, EV charging points for each parking space or garage should be made. I would not expect this to be paid for using the s106 contribution but should be included as a matter of good practice.
The assessment also considers the impact of dust during demolition and construction activities and mitigation measures are proposed. Should permission be granted I would recommend that these measures are formalised into a Dust Management Plan (which could form part of a wider Environmental Management Plan) and required by planning condition. .
Land Contamination
The submitted information with respect to human health effects (chapter 6: Ground Conditions and Mining Legacy) indicates that no chemicals of potential concern were identified above relevant criteria, and an overall prediction of ‘moderate adverse’ significance was assigned taking into account that areas of the site had not been subject to investigation and that unidentified contamination remained a possibility. The standard condition is recommended, requiring Risk Assessment, Remediation Scheme, Verification Report following Remediation Scheme and Reporting of Unexpected Contamination. Noise – Received 24/02/2105
No adverse comments at this outline stage - Standard construction working hours are proposed (08:00-18:00) Noise limits and potential noise mitigation measures as per CoPA recommendations.
123. CC Education Infrastructure:
There is the requirement for a 2.0 form entry primary school (420 places) on a fully serviced site in the development area to mitigate pupil demand generated by the development.
The school can be built in phases over time to mitigate the impact of the development which is estimated to be in the region of 292 pupils of a primary age. The initial phase needs to take into account the final size of the school and therefore provide the external play areas and internal accommodation and infrastructure compliant with BB103 for a 2FE school (e.g. the hall must be built at the 2FE compliant size rather than extending a 1FE sized hall at a later date).
The site, its location within the development and proposed design and phasing are to be agreed with Cornwall Council Education, Children, Families and Adults Directorate.
Secondary school pupil places will likely be mitigated by expansion of one of the three schools serving the area (Brannel, Poltair and Penrice). It is most likely that Poltair would be the most appropriate as it has sufficient site area and is closest to the development.
Objective data:
1500 dwellings will now produce 585 children based on our new ratio of 0.39 children per dwelling. Assuming half are primary age, there will be a requirement for 292 children of primary age justifying a 2 FE school.
Secondary Schools as at October 2106:
Penrice – Capacity – 1350. Estimated NOR as 09/2107 – 1495 Poltair – Capacity – 900. Estimated NOR as 09/2107 – 586 Brannel – Capacity –750. Estimated NOR as 09/2107 – 745
124. CC Highways:
This is an outline application with all matters reserved for 1500 dwellings, a local centre, local retail, health and community facilities, a primary school and employment.
The applicant has provided a Transport Assessment (TA) which considers a worst case scenario of the full West Carclaze development being built out in 2021 and 2030 to demonstrate the full impact of the proposed development on the local highway network. The TA however states that in reality there would likely be no more than 900 units built by 2030.
As this is an outline application, no detailed plans have been provided on the proposed access arrangements. It is proposed that there will be multiple access points for vehicles, pedestrians and cyclists. Detailed plans demonstrating these access arrangements will need to be provided at the detailed application stage, but the main vehicular access points are described as follows:
A new priority junction onto the A391 located approximately 350 metres to the east of the A391/B3274 Singlerose roundabout A new priority junction onto the A391 located approximately 800 metres to the east of the A391/B3274 Singlerose roundabout The Great Treverbyn roundabout constructed as part of the A391 Carluddon improvement The reconfiguration of the existing Carluddon double mini-roundabout A new priority junction (left in/left out) onto the A391 located approximately 500 metres to the north of the Scredda roundabout
The traffic modelling submitted within the TA has been assessed by my traffic modelling colleagues and is considered acceptable. The TA has considered the Bugle Traffic Signals which in terms of traffic modelling already has capacity issues in base and future scenarios without the West Carclaze development. Cornwall Council is submitting a business case to the Department of Transport for a new A30 to St Austell Link Road which if successful would remove a significant amount of traffic which currently passes through Bugle. In terms of the impact on the highway network based on the worst case scenarios described, the junctions identified as coming under pressure with the full development are the Tregonissey Traffic Signals, A390 Daniels Lane Traffic Signals, A390 Holmbush Arch Road Traffic Signals, A390 Bucklers Lane Traffic Signals and A391 Cuddra Signals.
In order to mitigate the impact of the proposed development on the highway network a transport contribution of £4,391,982 will be required. The allocation of the transport contribution follows discussion with Transport Strategy colleagues. The contribution will be towards the 27 Showcase Corridor between Truro, St Austell and Bodmin which will upgrade service 27 and includes a 5 year subsidy to improve frequency (£1.5 million), the Tregonissey Traffic Signal improvement (£1.1 million), 750k for the Slades Road/Sandy Hill junction improvement required due to the Tregonissey junction improvement, 720k towards the Clay trails to upgrade for use by utility and e-bikes, 120k to extend the local cycle trail network towards Penwithick, Stenalees and Treverbyn and the remaining £201,982 towards improving Scredda roundabout.
I therefore have no objection to this application. Further information on the proposed access arrangements, layout and parking would need to be provided at the detailed application stage. I recommend that standard conditions are included for the internal estate roads and footways, street lighting and surface water drainage and for parking and turning areas which would need to be provided prior to occupation. I also recommend that a condition is included for detailed Travel Plans for the various uses and for the production of a Construction Traffic Management Plan.
125. Natural England:
A response to the revised details for the application is awaited and members will be updated on this.
Response received 9 November 2015 The Conservation of Habitats and Species Regulations 2010 (as amended)
No objection - with conditions
Internationally and nationally designated sites
The application site is within or in close proximity to a European designated site (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the 'Habitats Regulations'). The application site is in close proximity to St Austell Clay Pits Special Area of Conservation (SAC) which is a European site. The site is also notified at a national level as St Austell Clay Pits Site of Special Scientific Interest (SSS). Please see the subsequent sections of this letter for our advice relating to SSSI features.
In considering the European site interest, Natural England advises that you, as a competent authority under the provisions of the Habitats Regulations, should have regard for any potential impacts that a plan or project may have. The Conservation objectives for each European site explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have.
Natural England notes that the HRA has not been produced by your authority, but by the applicant. As competent authority, it is your responsibility to produce the HRA. We provide the advice enclosed on the assumption that your authority intends to adopt this HRA to fulfil your duty as competent authority.
No objection
Natural England notes that your authority, as competent authority under the provisions of the Habitats Regulations, has undertaken an Appropriate Assessment of the proposal, in accordance with Regulation 61 of the Regulations. Natural England is a statutory consultee on the Appropriate Assessment stage of the Habitats Regulations Assessment process.
Your appropriate assessment concludes that your authority is able to ascertain that the proposal will not result in adverse effects on the integrity of any of the sites in question. Having considered the assessment, and the measures proposed to mitigate for all identified adverse effects that could potentially occur as a result of the proposal, Natural England advises that we concur with the assessment conclusions, providing that all the mitigation measures identified within the report are appropriately secured in any permission given.
As stated in the shadow HRA, the draft report has investigated the potential effects of the proposed West Carclaze Eco-Community development on St Austell Clay Pits SAC, both on its own, and in combination with other projects and plans. It is clear from the assessment that there are potential effects on the favourable condition status of the qualifying species, western rustwort, as a result of the development. It is recognised that conservation of this species should be carried out using a meta- population approach and the current development provides opportunities for this to be realised through implementation of avoidance, mitigation, compensation and provided enhancement measures are implemented. The delivery mechanisms for securing such works are clearly set out in the Green Infrastructure Framework Management Plan and the Draft Section 106 Heads of Terms that accompany the planning application.
This application is in close proximity to St Austell Clay Pits Site of Special Scientific Interest (SSSI). However, given the nature and scale of this proposal, Natural England is satisfied that there is not likely to be an adverse effect on this site as a result of the proposal being carried out in strict accordance with the details of the application as submitted and accompanying HRA stage 2 report. We therefore advise your authority that this SSSI does not represent a constraint in determining this application. Should the details of this application change, Natural England draws your attention to Section 28(I) of the Wildlife and Countryside Act 1981 (as amended), requiring your authority to re-consult Natural England.
Other advice
We would expect the Local Planning Authority (LPA) to assess and consider the other possible impacts resulting from this proposal on the following when determining this application: local sites (biodiversity and geodiversity); local landscape character; and local or national biodiversity priority habitats and species.
Natural England does not hold locally specific information relating to the above. These remain material considerations in the determination of this planning application and we recommend that you seek further information from the appropriate bodies (which may include the local records centre, your local wildlife trust, local geoconservation group or other recording society and a local landscape characterisation document in order to ensure the LPA has sufficient information to fully understand the impact of the proposal before it determines the application. A more comprehensive list of local groups can be found at Wildlife and Countryside link.
Protected Species
We have not assessed this application and associated documents for impacts on protected species.
Natural England has published Standing Advice on protected species. The Standing Advice includes a habitat decision tree which provides advice to planners on deciding if there is a 'reasonable likelihood' of protected species being present. It also provides detailed advice on the protected species most often affected by development, including flow charts for individual species to enable an assessment to be made of a protected species survey and mitigation strategy.
You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation.
The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence is needed (which is the developer's responsibility) or may be granted.
Biodiversity enhancements
This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the NPPF. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that 'Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity'. Section 40(3) of the same Act also states that 'conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat'.
126. Parsons Brinkerhoff (ecology consultant):
A response to the revised details for the application is awaited and members will be updated on this.
127. Highways England:
No objection.
The SRN in this location comprises the A30(T) which is approximately 5 miles from the development site. The applicant has tested the impact of the development at three junction on the A30(T); Highgate Hill, Victoria Interchange and Innis Downs. The applicant has used a ‘One Hour’ traffic flow profile, and this is considered a robust traffic flow to use in the assessment. Furthermore, the applicant has introduced appropriate consideration of HGV numbers in the assessment, and again Highways England is content with this assessment. It is noted from the review of the modelling that a number of the geometric properties used in the modelling could be altered to more accurately reflect on-site conditions. However; having reviewed the modelling results it is unlikely that these changes on the geometric properties would materially alter the results. The assessment is demonstrating that each junction would operate well within its theoretical capacity, and the addition of development traffic will not lead to a significant increase in either queuing or delay. Highways England is therefore satisfied that the proposed development will not have a severe impact as defined by the NPPF and is therefore offering no objection to the application.
128. Kaolin and Ball Clay Association (UK):
No Response.
129. DEFRA:
No Response.
130. Cornwall Wildlife Trust:
No Response.
131. Ramblers Association (Cornwall):
The eastern end of Treverbyn FP 22 and the western end of FP 26 are shown on the Access Parameter Plan as requiring diversion, but I can find no indication of the reason for this. Apart from that, the proposed provision of paths and amenity land is to be welcomed.
132. Devon and Cornwall Police Architectural Liaison Officer:
I would like to make the following comments for your consideration based on the principles of Secured By Design (See www.securedbydesign.com). The principles have been proven to achieve a reduction of crime risk by up to 75%, by combining minimum standards of physical security and well-tested principles of natural surveillance and defensible space.
I note and welcome the comments regarding the need to design out crime and disorder within the layout. I have looked through the Design Code and picked out certain points for which I feel amendments should be considered as listed.
Design Code observations and suggested additions:
Kresen/Penhale/Ninestones Gas meter boxes (UO2 page 32) should be accessible and not require meter readers to have to enter any secure spaces e.g. back/side gardens
Commercial
Shop front doorways should not be overly recessed to avoid potential issues of anti social behaviour particularly overnight (Code KR2OA page 39).
KR02B.01.02 Currently states 'Servicing and parking to rear within secure private courtyards' the picture example page 40 shows a gated courtyard but i would suggest the text should also reflect this and mention consideration of using gates to achieve security for these spaces if required.
Materials and detailing
Flat roofs (KR04.01.07 page 42) and (PH04.01.10 page 57, NS03.06 Roofs page 72) CA03.02.05 Page 86.
If using flat roofs must consider possible security implications as these can create vulnerability.
Fenestration
KR05.01.02/CA05.01.02 All uses recessed windows and doors into facade. Again be mindful of potential security/anti social behaviour issues of overly recessed doorways. SBD currently recommends avoidance of doorways recessed more than 600mm
Hard landscape
KR07.01.04 NS07.01. Rear gardens adjoining public realm. KR07.01.05 and PH07.01.03, NS07.01.03 Boundaries between gardens/ private space.
Garden sub divisional boundaries here are generally detailed as being 1.8m close boarded fencing/walls. This is acceptable but I would suggest consideration is given to using 1.5metre high close boarded fencing topped with 300mm trellis. This does not unduly impact upon security but does allow for better neighbour interaction.
Such fencing is also much preferred when private rear gardens will back onto shared parking courts or private but communal access paths as it allows a greater level of natural surveillance than close boarded fencing would. Police are unlikely to support close boarded fencing in such situations.
CA06.01.02 Boundaries between gardens/ private space can be fence or hedges Use of hedge is acceptable but they must be capable of acting as an adequate deterrent. Must be high and robust enough to do this a soon as residents take occupancy. If additional planting would be required to achieve this then the time likely for this to mature must be properly considered. Hedges subject to seasonal variation may not be suitable.
KR07.03: Other: Primary School
KR07.03.02 Boundary of school playing field: metal fence, incorporating shrub and trees. This is acceptable but planting should not be so high/dense as to negatively impact upon surveillance opportunities. Any such metal fencing is advised to be an independently proven security fence fit for purpose such as welded mesh.
Parking courts KR08.03 Courts: Small housing groups (KR08.03.02 Access up to 10 units to help create sense of ownership) (unless otherwise agreed with LPA) and KR08.04 Larger parking courts and squares (residential, retail and employment mix)
Where rear residential parking courts will accommodate more than 6 vehicles in total consideration should be given to incorporation of residents controlled entry through use of entrance gates. If as above the small parking courts are described as serving 10 units this then will presumably mean 20 vehicles in the parking court. This I would argue is not small, especially by Cornish standards. Overlooking of such spaces will often be limited in reality to upstairs rooms probably not commonly habited with surveillance somewhat impeded by the need for 1.8m high rear garden fencing for security. Police are unlikely to support larger parking courts unless satisfied that surveillance is adequate and realistic so the need for gates for certain courts may be the only way to ensure these spaces are safe.
Parking adjacent and serving apartment blocks commonly have fewer issues of overlooking as the apartment blocks have a greater number of commonly habited rooms overlooking the parking areas. Again there though may be a need to consider gating the entrance to assist security which should be included.
PH07.03 Green corridors and open spaces shows PH07.03.03 Lighting: low level lighting, timber posts
I feel there should be some flexibility with lighting for green corridors. There may be some sections of green space where it will be more appropriate to have column street lighting rather than bollard lighting. Lighting to footways connections between the development parcels and local facilities must be safe if some of these will be green corridors then bollard lighting may not always be appropriate. Bollard lighting has quite limited identification and recognition values.
Local areas of play CA02.01: Land use requirements
Local areas of play advised where possible to be overlooked to discourage crime and anti social behaviour but must also be a reasonable distance from dwellings to avoid potential issues of conflict such as noise etc. Solar farms Clay Country Landscape
CC03.03 Solar Farms
CC03.03.01 1.8m chain link fence behind hedge planting (native species) The recommendation is that all solar farms are protected by an independently proven security fence, which chain link is not, such as weldmesh or similar. Use of CCTV to assist with security is advised also and now common practice. This guidance is both in line with that of Cornwall Council and national guidance from BRE for solar farms
Under section 2 general code page 29 i would suggest that the principles of Secure By Design is also included along with Building for Life etc. Secured by Design is the official UK Police flagship initiative supporting the principles of 'designing out crime'. The principles have been proven to achieve a reduction of crime risk by up to 75%, by combining minimum standards of physical security and well-tested principles of natural surveillance and defensible space. The objective is to reduce burglary and crime in the UK by designing out crime through physical security and processes
Having spoken to the local Police Inspector responsible for the area I can say that there would potentially be interest in having a small Police office within the development, possibly in a shared community facility. This would in all likelihood be similar to the current office used by the local neighbourhood team within the existing Roche health centre. This is only an expression of interest at this time.
133. South West Water Services:
The public foul drainage network has capacity to support the development without causing downstream property flooding. As such should your Council be mindful to approve the application the following condition needs to be imposed;
No development shall commence until the Owner has submitted an application to the relevant Sewerage Undertaker for a public foul sewer requisition under s98 of the Water Industry Act 1991 (which shall include the provision of public sewerage improvement works identified as necessary). No dwelling hereby approved shall be occupied or brought into use and there shall be no discharge to the public foul sewerage network, unless approved in writing by the Local Planning Authority (as in accordance with the scheme of improvement works identified by the Sewerage Undertaker as necessary to accommodate the discharge of foul sewage from the Development).
134. NHS England:
No Response.
135. Environment Agency:
A response to the revised details for the application is awaited and members will be updated on this.
Response received 11 March 2016
We are satisfied with the additional information which has been submitted about the proposals to manage surface water run-off from the site. However, we maintain our position that prior to determination of this application further survey work should be undertaken to confirm the use of this site by otters, a European protected species.
We have discussed this matter with the applicant's ecological consultant and we welcome the additional information that has been included in section 12.0 of the updated Framework Ecological Mitigation Strategy. However it does not include an otter survey per se. We would expect a systematic survey to standard methods of survey and reporting, not casual records while undertaking other surveys such as a Phase 1 survey.
Your Authority should be mindful of the potential that approving an application that has not fully considered the presence of a protected species could leave the planning permission open to legal challenge in the future. If your Authority considers sufficient data has now been collected about the presence of otters at this site then it would be necessary to include appropriate planning conditions to ensure a future programme of otter mitigation is delivered for each phase of development. This mitigation should be informed by further surveys of the species at an appropriate stage in advance of each phase being built.
Our suggested wording for the surface water drainage conditions is provided below. This wording has been agreed with the Lead Local Flood Authority's SUDS officer, Jackie Smith.
Conditions recommended for - Surface Water Drainage scheme principles to support a reserved matters application; Surface Water Drainage Prior to Commencement - Construction Stage Drainage; Surface Water Drainage Prior to Commencement - Final Drainage Scheme Design; Surface Water Drainage Prior to Commencement - Final Drainage Scheme Design; Outfall from Great Penhale Condition; Outfall to Tregrehan Condition; ground contamination; Construction Environment Management Plan; and a Construction Environment Management Plan.
Ruddle Lake Condition:
The surface water drainage strategy has not addressed the future management of water from Ruddle Lake. We consider the future management of this discharge should be included in the S106 which sets out that any future landowner of Ruddle Lake will accept responsibility for receiving this discharge and managing it in a manner so that flood risk is not increased.
Management of surface water drainage features:
We support the proposals for management of the open spaces which might include the SUDS features as part of the roles of the proposed land trust as set out in the S106. Notwithstanding this proposal we would expect details of the programme for management and maintenance to be submitted as part of the suite of information to satisfy the condition entitled 'Surface Water Drainage Prior to Commencement - Final Drainage Scheme Design'.
Our position regarding habitat mitigation and monitoring, foul drainage, groundwater and contaminated land remains unaltered from our consultation response dated 24 March 2015, our ref DC/2015/116335/01-L01. We have suggested some conditions below to cover some of these matters:
Habitat mitigation We welcome the update to the Framework Ecological Mitigation Strategy as proposed to specify that provision of compensatory habitat prior to the loss of high ecologically valuable habitats unless otherwise agreed.
Utilities
We welcome the use of a Grampian condition for each reserved matters application to ensure adequate foul drainage infrastructure is in place to receive and treat foul effluent arising from the proposal prior to occupation of each phase.
136. Newquay Airport:
The proposed development does not penetrate any of the protected surfaces as defined in CAP168, Licensing of Aerodromes and does not contravene the requirements of the Town and Country Planning (Aerodromes and Technical Sites) Direction 1992.
Cornwall Airport Newquay has no objection to this proposal going forward.
137. Roche Aero Club:
No response.
Representations:
138. Representations for this application are summarised below. Full transcripts can be read via the online planning register on Cornwall Council’s website:
139. Reports from Applicant/Agent:
The applicant has submitted the documents as follows:
Environmental Statement (partially superseded by ES Addendum) Statement of Community Involvement Planning Statement Planning Summary Energy Study Green Infrastructure Management Plan Framework Utilities Assessment Design Code Design and Access Statement Planning Parameter Plans Arboricultural Appraisal Supplementary Drainage Statement Updated Utilities Statement Framework Ecological Mitigation Strategy HRA Appropriate Assessment Bat Activity Surveys, Rev B Nightjar Survey, Rev. A Bat Use Assessment, Rev B Winter Bird Survey and Impact Assessment Breeding Bird Survey Otter Survey ES Addendum EIA Parameter Plans Shadow Habitat Regulation Assessment and Final Planning Plans Final Masterplan and Planning Parameter Plans Revised Heads of Terms
140. Representations from Third Parties:
The CC database recorded 1179 letters/emails of objection and 3 letters/emails of support had been received at the time of writing this report. The full transcript of these representations can be read via the CC website but for the purpose of this report the contents of these are summarised as follows:
141. Reasons for Objection:
Alternative Sites
This application is not an appropriate or the preferred site to meet the housing needs of the town and wider area. Rather the proposal is an isolated development of 1500 homes away from the main services and facilities in St Austell. The benefits of the scheme should and can be delivered on a more sustainable location with high accessibility to St Austell, such as the Northern Expansion Site proposed by Wainhomes. The Northern Expansion Site is a viable option to deliver the scale and level of facilities proposed by this development. It is a reasonable alternative yet it has not been properly assessed. The Expansion Site is being examined by the local plan process as should the eco town proposal.
Prematurity
CC previously refused the Wainhomes applications on the Northern Expansion site for reasons of prematurity and prejudice to the emerging Cornwall Local Plan. The Secretary of State agreed with the CC decision and confirmed ‘it is important to give Cornwall the opportunity to complete its Core Strategy Process’ and that ‘granting planning permission for the appeal scheme now would undermine wider policy objectives in Cornwall’. It would be inconsistent for CC to now accept the current application for a larger development when no changes in policy have occurred. The examination of the Cornwall Local Plan will determine the housing requirement in Cornwall and its distribution so until the Inspector makes a judgement makes a judgement on these points the need for the eco town development in this location cannot be given significant weight. The proposal is premature by reason of the definition in the PPG. The PPG makes clear that prematurity exists when granting permission will clearly undermine the plan-making process by predetermining decisions about the scale location or phasing on new development. Cornwall Local Plan
The weight given to the Cornwall Local Plan for this application is limited because of its stage of preparation. Inspectors and the Secretary of State has consistently given the CLP limited weight for decision making purposes and it can be no different for this application.
Eco Town
The Eco town PPS was cancelled in March 2015. Accordingly there is no support at Government level for eco towns. The development falls below the minimum requirement in the PPS of 5000 dwellings. That level of development was deemed necessary to provide economies of scale to generate the requisite level of services and facilities. The proposed development would be entirely dependent on St Austell for services and facilities. This is not an application for an Eco-Town because it holds no eco credentials. The proposed build standard only confirms to normal building regulations; it is not self-contained and does not provide local employment or infrastructure. Instead the proposed development will rely on the already over-stretched amenities within St Austell.
Greenfield Site
The application site is a greenfield site due to the existing ROMPS. The “do nothing scenario” is for the ROMPS conditions to be implemented and for the requirement for the application site to be restored. The ROMPS not only require restoration of the site by 2047 but the conditions also requires the restoration earlier if mining ceases prior to 2042.
Landscape Impact
The majority of the proposed buildings are on green field land which is the part of the application site which has regenerated over the years. It is a beautiful landscape which the application will ruin.
Tourism
The proposal will ruin a unique and attractive landscape feature and accordingly result with adverse impact to tourism.
Urban Sprawl
The proposal will result with urban sprawl between St Austell, Penwithick and Carthew. What should be seen as a green restored mining area would become, if this permission is approved, a large scale development with the existing settlements losing their unique historic identify. There needs to be a definable green space between eco town and the nearby villages. Highways
The local road network has no capacity for this proposal – particularly at Stenalees, Bugle and Roche. There is no room for widening of roads due to the built development already surrounding them and the applicant does not propose direct highways mitigation in many instances. The proposed new trips on the surrounding roads will result with high congestion and associated accident risk. A survey of traffic congestion anticipates that there will be 1000 more cars traveling between 8-9am through the already congested junctions of Tregonissey Road, Holmbush Road and in the area around Carloggas and Penwithick. These roads cannot cope with current traffic flows and have no capacity for the proposed additional trips. The A391 has no capacity. A new road from St Austell to the A30 is required which bypasses Bugle, Stenalees and Roche. This is the solution. The submitted traffic assessment does not take into account cumulative impacts and does not propose mitigation measures to address the assessed impacts. Aspirations for modal shift set out in the applicant’s planning statement are not supported by detailed analysis in the Transport Assessment (TA). The new bus services equates to one bus per hour – this is insufficient to deliver the desired modal shift of 50% travelling by sustainable means. The trip rates used by the applicant in their TA have been derived from Trics database and vary throughout the long development period. No account has been taken of CC’s own Major Scheme trip rates that are usually applied to development in Cornwall. CC’s trip rates are significantly higher for open market dwellings than used in the applicant’s assessment and therefore the applicant’s predictions underestimate the traffic impacts of the scheme. Sensitivity testing of the predicted traffic flows should be undertaken to ensure that the traffic impact analysis correctly assesses the potential impact of the development. The applicant has underestimated ‘committed development’ in their highways assessment. Their committed development includes proposed allocations in St Austell in the emerging local plan but it should also include a greater level of housing allocation which will be required to meet the needs of St Austell. For example the proposed land at the Northern Expansion and Phase 2 at Porthpean road of 131 dwellings. The applicant’s TA details junction capacity analysis of 15 junctions in and around St Austell. In some instances minor improvements works are proposed but in many it is demonstrated that the junction is anticipated to be around capacity in the 2015 existing situation and the proposed development to matters significantly worse. It is then proposed that improvements should be funded through the St Austell Transport Strategy. This approach will need to be supported by significant funding from the applicant. In a number of locations no specific works are proposed to mitigate the impacts. The A391 separates the site with only 1 proposed crossing. This will lead to poor permeability. The A391 should not pass through this development. Major roads and residential development to not mix – this will lead to accidents and road congestion. If approved traffic to the Eden Project would be required to pass through centre of the proposed development. This high volume of traffic will lead to frustration and accidents and potentially re-directing through quieter areas with village roads such as Trethurgy or Luxulyan. The proposed school is too close to a major road. This introduces an unnecessary risk for accidents. A proposed access point is unduly close to the Stenalees roundabout. This will cause congestion and ultimately accidents, particularly as this area to subject to much fog throughout the year. A proposed right of way would result with cyclists, horse riders and pedestrians using the Singlerose Road cul-de-sac as a short cut to access the proposed development. Access to Singlerose Road should be for residents only. Otherwise much traffic will turn into this road by mistake when trying to access the proposed development to the detriments of the residents living on this road. Owners of properties in Singletose Road have not been consulted on the proposed new public right of way (which starts on land opposite number 23 Singleton Road) despite the ROW appearing to be located on private land. The ROW appears to serve no purpose and the location will result with the loss of trees and noise, privacy impact and security issues for existing residents and adversely impact upon wildlife. Undue accident risk if the proposed ‘Dedicated Cycling Trail’ along the eastern side of the A391 and through the cul-de-sac of Singlerose Road is allowed because Singlerose Road is narrow in width with no pavements.
Drainage
There is already a flooding problem in the local area. This has been evidenced at Eden. No certainty is provided that the proposed surface water disposal system will actually work. The detail provided in the application is not sufficient. The application site is on high ground relative to the surrounding villages. During periods of excessive rain the proposal will create run off which in turn will elevate flood risk for the surrounding villages and the A390. The actual proposed surface water discharge rate is in excess of the rate promoted in the applicant’s drainage strategy. Given that the primary point of discharge from this development is the St Austell River, which flows through St Austell’s Critical Drainage Area, the Environment Agency will need to be satisfied that the rate is acceptable. The flow rate from run off will create currents which will stir up the mica and dump it into White River. This will affect all, including Gover Valley and Pentewan. The applicant claims that no surface water will flow towards Ball pit – although it is downhill of the development. It run off does flow in this direction such would result with flooding at Boscoppa, Bethal Tesco and to the Par Market roundabout.
Design of Homes The proposed density is excessive for this area and the house types shown are incongruous with local design. The proposed homes are 3-4 storeys high. This is out of keeping with the surrounding 1 and 2 storey development. Homes should not be allowed on the eastern side of the A391 near Caerloggas Downs because this area is required to create a buffer between A391 and the Sky Tip.
Primary School
The timing of the proposed primary school is not appropriate because it is currently required to be open after the occupation of the 1081th dwelling. This would be at least 14 years (assuming 75 dwellings per annum) from first occupation and would result with the children of the eco town being reliant on oversubscribed existing and car journeys to reach such schools. The proposed primary school needs to be built and ready for use at the start of the development. No funds are in place to deliver the proposed primary school. A primary school on the Northern Expansion Site is preferred because it would create an education hub with Poltair School and Cornwall College. The proposed primary school is not of sufficient size to cater for the children from the proposed homes.
Affordable Housing
The application fails to meet CC standards of providing 40% affordable homes. The proposed 30% offer is therefore a lost opportunity to delivering more affordable homes in an area of significant need.
Infrastructure
Insufficient capacity at local doctors, hospitals and schools to provide for this development.
Retail Floorspace
The scale of the proposed retail floorspace is higher than necessary for a development of this scale due to its isolated location. An urban extension to St Austell would require less additional floorspace as it would utilise existing retail floorpspace in the town. The urban extension would enhance the vitality of St Austell town centre whereas the eco town proposal would draw away from the town. The proposed retail floorspace fails to meet the retail sequential test of the NPPF. The sequential test undertaken by the applicant fails to consider edge of centre sites, such as the urban extension site.
Ecology The impact of development on the on-site flora and fauna will be devastating. The site has not been actively mined for years and now contains a SNCI, Carbis Moor, a SAC and extremely rare Western Rustwort. This is only 1 of 3 sites within the UK to contain the Rustwort. The application will adversely impact upon the 111 species of birds recorded on the site - of which many are of conservation concern; badgers, hedgehogs, foxes, frogs, toads, newts, deer, adders, grass snakes, moths, butterflies, slow worms, otters and bats. The wildlife reports submitted with the application contain short cuts and anomalies insofar that the findings of the survey are valid for a period of 24 months from the date of survey; some information relates to the previous eco town proposal, 6 years ago which is now out of date and also is based on a poor quality survey in 2010; many birds were missing from the survey; the objections submitted for the previous scheme should remain valid for the current application; there is no record of updated bird surveys; bird surveys have been undertaken at the wrong time of the year, with some birds having already migrated; and several breeding bird species are not assessed. Impact to wintering birds not assessed. If the development proceeds there will be a significant decrease in breeding birds. Bat survey coverage is not sufficient. Only 1 solar farm should be permitted in order to safeguard wildlife and habitat.
Minerals
The applicant relies on the 2012 SKR Report to demonstrate that the extraction of minerals from the site is uneconomic. This report was commissioned by the applicant, Cornwall Council, and is not based on up to date information. What was deemed uneconomic in 2012 may not be uneconomic now. The SKR Report states that the prospects of Kaolin reserves are low but acknowledge that this opinion is based on insufficient evidence. The NPPF (paragraph 144) states that LPA’s should ‘not normally permit other development in mineral safeguarding areas where they might contain potential future resources for these purposes. The SKR report does not confirm such.
Air Quality
The proposal will increase carbon dioxide pollution by adding traffic and removing trees.
Need
There is no evidence to confirm a need for this development. The parish already has sufficient housing. Unless 100% affordable homes, major residential development such as the proposed should be subject to an embargo until an independent enquiry examines the exaggerated household and population projections for Cornwall. The existing metrics are unfit for purpose. CPRE housing data is more robust the CC information. Homes for Local People
No evidence to confirm that the homes will go to local people. People registered to Home Choice do not automatically get homes. The applicant rejected a proposal by a third party objection group for a covenant to ensure that the homes are allocated only to local people. Affordable self builds were also rejected. This development is not therefore for local people. No evidence to demonstrate that future residents will reflect the current ethnic mix in Cornwall. CC is therefore is danger of breaching Article16 of the Convention for the Protection of National Minorities. This article states that ‘parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention’. Cornish people are now officially a minority.
Social Impact to surrounding Community
The surrounding community have chosen to live in small villages and this application will force them to townspeople. This is a significant lifestyle change to the detriment of many villagers.
Green Space
The upkeep of the proposed green space will fall with future home owners via the Land Trust at much obligation and expense. The responsibility for upkeep should be with the Council because historic evidence and common sense confirms that Land Trusts do not operate well. The proposal will result with the loss and existing green space used for outdoor activities such as walking, running, cycling, wildlife watching and horse riding – to the detriment of a healthy community. People already use the site for recreation. The proposal will not introduce this community benefit.
Historic Value
The site is within an area of historic value and the proposal will damage severely this attribute. The majority of the site and/or surrounding area has a nature conservation recognition including: the area around Ruddle Lake and south of West Carglaze is designated as a AGHV; centrally located within the site is the St Austell Clay Pits SAC and Carne SSSI; and the area south of Baal contains an open cast tin mine and has the potential to be designated as a RIGS site. To build housing around these sites would be an environmental disaster.
Employment
The occupants of the eco town are not going to be employed locally. The funding for the technology park is gone. The initial eco town projects sought to provide 1 job per proposed dwelling. The current application does not achieve this. Where will the occupiers of the eco town work? Residents of the proposal will need to commute to work to destinations such as Truro and Plymouth. This is evidenced by existing trend at St Austell. The proposal will draw employment out of St Austell – to the detriment of the town.
Noise Survey
The submitted Baseline Nosie Survey is not representative of the locality because it was only carried out on 2 occasions in 2 different locations.
Restormel Local Plan
The proposal is contrary to the Restormel Local Plan because it is outside of a development envelope.
Water Supply
The proposal could have an adverse impact on the water supply to a spring fed river which would lead to a decline in the water supply to the fishery business Innis Fishery on Innis moor. The source of the river (springs) covers the area proposed form development.
Sustainable Development
Given the adverse impacts of this development the proposal cannot be considered sustainable development under paragraph 14 of the NPPF.
Localism
This application is not supported by local people and should be refused. Weight needs to be given to the Cornish minority.
Public Consultation
The applicant has undertaken poor public consultation prior to submission of the application. The opinion of the Peoples Panel has been ignored. Given the changes to the masterplan and planning policy position since submission of this application in 2015, the applicant needs to update their Design and Access Statement, Planning Statement and Application Form. Cornwall Council should then be required to re-advertise the application. This has not occurred and without this information it is impossible to consider the revised proposal.
142. Reasons for Support:
Regeneration The proposal is a sustainable re-use of a redundant china clay processing site because it promotes regeneration to the entire area. The proposed economic, environmental and social benefits will create a place where people will want to live, work and socialise The Sky Tip will be protected for future generations 66% of the site will be made over to green spaces with sport, recreation and biodiversity enhancement Affordable housing in an area of need The primary school, medical centre and retail facilities will ensure that the proposed community is self-reliant. Employment space Introduction of sustainable water management to the site Significant private investment into Cornwall.
Assessment of key planning issues:
143. The main issues to be considered are:
Principle of Development The Masterplan Economic Development Housing Infrastructure Historic Environment Landscape Highways Ecology Residential Amenity
Principle of Development
144. Section 38 of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. The Cornwall Local Plan is the development plan for this application.
Cornwall Local Plan
145. The Cornwall Local Plan (CLP) states that the vision for Cornwall’s future is to achieve a leading position in sustainable living. The underlying principle of the CLP is to manage future development to ensure that all communities in Cornwall have an appropriate balance of jobs, services, facilities and homes.
146. Policy 1 requires Cornwall Council (CC) to reflect the NPPF presumption in favour of sustainable development when considering development proposals. It confirms that planning applications which accord with the policies in the Local Plan and supporting Development Plan will be regarded as sustainable development and be approved, unless materials considerations indicate otherwise. 147. Policy 2 sets out the spatial strategy of the CLP. Policy 2 (3) states that ‘proposals will be welcome that improve conditions for business and investment in Cornwall’ and, in particular for this application, by ‘optimising the economic opportunity and maximising existing linkages in mid Cornwall by identifying mixed use development to deliver eco-communities at West Carclaze/Baal and Par Docks’. This, it states, will help to deliver exemplar developments that provide a showcase for sustainable, greener, low carbon living.
148. CLP Policy 2a provides minimum targets for growth and its distribution during the Plan period. It identifies a requirement for 1200 homes on the Eco-Communities sites, with 900 at West Carclaze/Baal and 300 at Par Docks.
149. Policy 3 defines the role and function of places. It sets a housing target of ‘about 1500 dwellings’ on the West Carclaze/Baal Eco-Community site. This means, when considering policies 2a and 3 together, that the overall housing target for the West Carclaze/Baal site is 1500 homes with 900 to be delivered by 2030. Policy 3 confirms also that the final scale and capacity of development on the Eco community site will be confirmed through the Cornwall Site Allocations Development Plan Document (Site Allocations DPD).
150. Supporting text to Policy 3 requires CC to consider redistribution of the housing apportionment for the area if sufficient progress has not been made to deliver the housing target for the Eco-Communities by 22 November 2018.
151. CLP Policy 3 sets out design requirements for Eco-Community development at West Carclaze/Baal. These include that the proposal should be led by a masterplan and design code; provision of 30% affordable housing (AH) and 5% self and/or custom build; improved access to public transport and non-car travel modes; provision of employment space, Carluddon Technology Park and space for further economic growth; provision of a new local centre to include facilities for health, neighbourhood shopping, community facilities and a new primary school; strategic scale open space with public access and trails linking into existing networks as part of green infrastructure improvements; retention of the Sky Tip and other distinctive landscape features as part of the green infrastructure of the site; high levels of energy efficiency in the fabric of buildings on the site; a Strategic Sustainable Urban Drainage Systems to reduce flood risk on and beyond the site; provision of low carbon heat via a heat network, with consideration given to sourcing that heat from geothermal resources within the vicinity of the site; and improved access to public transport and non-car travel modes. These requirements are examined below, under Assessment of the Principle of the Development.
Material Considerations
152. The National Planning Policy Framework (NPPF) and the Site Allocations DPD are material considerations when assessing the principle of this application.
National Planning Policy Framework
153. At the heart of the NPPF is a presumption in favour of sustainable development. Paragraph 14 of the NPPF confirms that, for decision-taking, this means approving development that accord with the development plan without delay unless material considerations indicate otherwise. Paragraph 17 underpins this approach by requiring genuine plan led decision making.
154. When the development plan is absent, silent or relevant policies are out of date, paragraph 14 of the NPPF requires the grant of planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole or when specific policies in the NPPF indicate that development should be restricted.
Cornwall Site Allocations Development Plan Document
155. The Cabinet is being asked to approve the Cornwall Site Allocations DPD to undertake its Regulation 19 submission stage consultation at its meeting on 16 March, which follows the meeting of the Planning Policy Advisory Committee who considered the representations received in response to the ‘Preferred Options’ consultation which was undertaken in October and November 2016 and recommended a number of changes. Subject to the Cabinet approving the Site Allocations DPD for pre-submission consultation and giving the Service Director – Planning and Sustainable Development , in consultation with the Service Director – Assurance and the Portfolio Holder for Planning, delegated authority to submit the Site Allocations DPD to the Secretary of State for Examination, subject to no new significant issues being raised from the submission stage consultation, this will represent a clear statement of the Council’s position. Given the current stage of preparation and, therefore, that its content has the potential to change between now and adoption, the Site Allocations DPD should be given only limited weight when considering this application.
156. The Site Allocations DPD provides bespoke guidance to the assessment of the West Carclaze Eco-Community by setting out the background/rationale for the allocation itself; its vision, objectives and targets; the strategy; infrastructure requirement; and actual site allocation policies.
157. With regard to the background and rationale for Eco-Communities, the DPD states:
158. ‘Over many years Imerys, the primary industrial minerals extraction company and major landowner in the China Clay, St Austell and Par areas, has managed a gradual reduction in its operation within the area. This has resulted in the cessation of mining in some pits and the closure of some refinery and drying units. The exploitation of China Clay has left its mark on the area’s landscape; whilst it has created some iconic and unique features, it has also left areas that are in need of regeneration; two of these areas are West Carclaze and Par Docks.
159. The development of the Eco-community sites represents an opportunity to bring forward the high quality restoration of these post-industrial landscapes, whilst supporting other priorities for the area, such as the delivery of economic and housing growth, including the delivery of affordable housing. It also offers the opportunity to provide infrastructure that the new and existing communities will be able to benefit from, such as new roads, schools, health facilities and public open space.’ 160. The stated vision for Eco-Communities is to ‘regenerate redundant China Clay land to create high quality, environmentally friendly, neighbourhoods which positively contribute to the existing communities within the China Clay, St Austell and Par areas’. The target is ‘to develop 1500 dwellings at West Carclaze; of which 900 dwellings should be delivered within the Plan period (2010 to 2030).’
161. The strategy:
162. ‘The Eco-community developments provide the opportunity to regenerate post- industrial land that is of low agricultural quality; fast track their regeneration; plus attract investment into the area over and above what is possible by restoration alone. The regeneration activity also offers an opportunity to deliver against other corporate priorities regarding the delivery of housing, including much needed affordable housing; employment opportunities; as well as deliver new infrastructure that will be of benefit to both the new and surrounding communities.
163. Due to its central location and proximity to the strategic road network, the China Clay CNA has been identified as a location that offers opportunities to support economic growth for its local communities, as well as St Austell. Together with the industrial estates located on the A30, the West Carclaze site represents a significant opportunity to deliver further employment space within the CNA.
164. Furthermore, the development of the West Carclaze and Par Docks sites will also offer the opportunity to deliver infrastructure that will benefit both the new and existing communities, including education, healthcare and open space.
165. As well as housing development, a key component of the regeneration of the West Carclaze site will be the delivery of publicly available green infrastructure that the new residents and surrounding communities will all be able to enjoy. The scale of the land available presents a unique opportunity to create a network of publicly accessible new green spaces, nature reserves, etc. This new infrastructure, alongside much needed housing and employment opportunities, are key drivers within the vision of new mixed use communities.
166. Whilst seeking to regenerate these sites, another key component is the promotion of its eco / sustainability credentials, which link well with the wider Bay area’s aspirations. The Eco-community sites, particularly West Carclaze, will support this aspiration in a number of ways, include:
Deliver high levels of energy efficiency in the fabric of buildings on the site Provision of low carbon heat via a heat network with consideration given to sourcing that heat from geothermal resources within the vicinity of the site The delivery of green infrastructure, as set out above To provide commercial uses within the sites, to offer the opportunity for residents to both live and work within their new community. This will also ensure that these previous working sites remains an economic driver for the area Meeting all of the regulated energy requirements of the development from renewable and low carbon sources on or near to the site. This will also offer the opportunity to use the money generated to help secure the long-term future of the green infrastructure created Sustainable transport measures will also help to reduce the reliance on the private car; which can be in the form of improved public transport measures for the new and existing communities, as well as the creation of pedestrian and cycle routes; plus the promotion of other smarter choices measures Delivery of community infrastructure within the site, which will also reduce the need to travel, such as a primary school, heath facilities, community space etc.
167. St Austell is the key retail centre for the area, as a result the Eco-communities proposals should not seek to undermine this. Any retail within the Eco-community sites should be proportionate to the scale of the development being provided, in doing so delivering facilities and services that are only seeking to provide for the residents of the eco-community sites and complement the town centre offer.
168. The West Carclaze site must be delivered sensitivity within the landscape, recognising the important historical context that the site sits within. The landscape, outside land that has been worked for mining to the north of the site, has been shaped predominantly by medieval open field systems. The site has been subject to mining activity from as early as the 15th century, but it was the introduction of the china clay industry, from the mid-18th century which has had the most profound impact on the landscape of the site. Features created from this mining activity include the Great Treverbyn Sky Tip and three smaller sky tips and other features within the southern part of the site, associated with Ruddle Pit and an additional sky tip, outside of the site. The sky tips have particular local value as landscape features and is reflective of the historic mining landscape character of the area generally. Development of the site must take into consideration all of the important heritage features within the site, in particular, the sky tips must be retained.’
169. With regard to Infrastructure, the Site Allocations DPD states:
170. ‘The close proximity of the Eco-community sites to the St Austell and Par urban area means that there will be an important relationship between them when delivering infrastructure. The eco-community sites, particularly West Carclaze, will provide facilities that the surrounding communities will also be able to make use of, whilst the sites will look to St Austell for some of the other services and facilities that their residents will require.
Education
171. The delivery of up to 1500 dwellings at West Carclaze will generate demand for approximately 290 primary school places and a similar number of secondary school places. As a result, the development at West Carclaze should deliver a new primary school, expandable to two form entry, so that it can also support demand coming from the site and surrounding communities. It is expected that the school will be delivered and operational early within the first phase of the housing development. Furthermore, the West Carclaze development should provide off-site contributions towards the upgrading of the area’s secondary schools.
Healthcare 172. The growth from the Eco-community sites and surrounding area, including St Austell, will increase pressure on healthcare facilities. To support the growth proposed within the Eco-community sites and in the wider area, a healthcare facility is sought within the West Carclaze site. Consideration should also be given to the potential for an outreach facility to also be located within the Par Docks site. When combined with the other healthcare proposals set out in the St Austell Infrastructure section, this should be sufficient to deal with the proposed growth.
Transportation
173. Delivery of the eco-community proposals will need to ensure it appropriately mitigates the impacts generated on its surrounding communities. It is recognised that the West Carclaze site could have some detrimental impacts on surrounding villages such as Roche and Bugle. Proposals are already in place to deliver a new A30 link road, between St Austell, West Carclaze and the A30. This will address capacity future constraints on the surrounding villages arising from the development, as well as addressing existing issues being felt by these communities. Furthermore, by creating a new direct route from the A30, it makes West Carclaze and St Austell a much more commercially attractive location to do business.
174. Furthermore, it is recognised that the close proximity of both sites to St Austell will also have an impact upon the town’s highway network. The St Austell Transportation section sets out the key projects within the town that the eco- community developments need to help address. In particular, the West Carclaze development will need to address the potential impact it has on congestion on routes within St Austell, such as the A391 towards Holmbush; Slades Road; and the Edgcumbe junction on to the A390.
175. In helping to address the impacts on the highway network, it would be expected that both developments promote the use of more sustainable forms of travel, both on site and supporting the sustainable transport measures within the St Austell Transportation Strategy.
Open Space
176. West Carclaze - The nature of the regeneration focus for the eco-community sites mean standard formula for the creation of open space is inappropriate. As a result, all land within the allocation, that is not taken forward as built development or land for sustainable energy production, should be regenerated as open space. The open space should provide for the full range of provision needed by the community, including parks, play areas, sports pitches, allotments, etc. Furthermore, some of the space should integrate with the sustainable urban drainage measures necessary for the site; plus opportunity to enhance biodiversity within the site should be explored.
177. Furthermore, it is important that green buffers are maintained between West Carclaze and St Austell, as well as West Carclaze and Penwithick, to ensure that the identities of the separate communities are maintained. 178. As discussed previously, the ‘Great Treverbyn Sky Tip’ also represents an important local feature that should be retained and appropriately incorporated into the green infrastructure strategy for the site; along with three smaller sky tips and related features associated with Ruddle Pit and an additional sky tip, to the south.
179. Part of the St Austell Clay Pits Special Area of Conservation (SAC) is located within the adjacent Baal Pit (outside of the allocated site). The site is notified for the presence of important populations of western rustwort, an internationally rare liverwort. This SAC is located within the china clay workings and comprises three sub-sites consisting of pits, spoil tips and granitic debris with sparse vegetation cover.
Drainage / Flood Protection
180. West Carclaze will drain to Luxulyan where there is the capacity for the majority of the development. Any expansion at Luxulyan will be included in South West Water’s capital programme from 2020, when necessary. Sewers will have to be evaluated but almost certainly there will have to be some reinforcement work.
181. The Eco-community sites should deliver sustainable urban drainage systems. The West Carclaze development should ensure downstream flood risks at Tregrehan, Par Moor and areas near to the St Austell River are reduced , so that it offers wider benefits to the communities downstream, in doing so supporting the wider aspirations relating to the STARR project (St Austell Resilient Regeneration Project).’
182. The Site Allocations DPD allocates the site for development and identifies land parcels within it for a specified mix of uses. It also sets out other requirements to help reinforce the design requirements in CLP Policy 3 and its own vision, objectives and targets, strategy and infrastructure aspirations. The assessment of the CLP and Site Allocations DPD help to determine if the principle of this application is acceptable, and this is undertaken as follows.
Assessment of the Principle of Development
Site Location
183. The location of the application site complies with the CLP allocation for West Carclaze/Baal. It also accords with the identified site in the Site Allocations DPD.
Master Plan and Design Code
184. As per the CLP aspiration, this application is led by a masterplan and this masterplan coincides to the broad detailing of the masterplan in the Site Allocations DPD.
185. The masterplan submitted with the application shows the area to the west of the solar farm cell at the southern end of the site as open space whereas the masterplan in the Site Allocations DPD identifies this area as not being suitable for development due to a desire to protect its historic value. This area can be safeguarded by the Green Infrastructure Management Plan of the Planning Obligation, in the interests of preserving land with historic value as detailed in paragraphs 205-207 below.
186. The details of the masterplan and design code are assessed at paragraphs 219 230 below.
Quantum of Housing
187. The proposed 1500 homes comply with the housing targets in CLP Policies 2a and 3 and the Site Allocations DPD. It satisfies in full the CLP overall target of 1500 homes and addresses the CLP period target of 900 homes on the assumption of a minimum build rate of about 70 dwellings per year. Given the considerable time it is likely to take to build all of the proposed homes and the possibility of troughs and peaks in the housing market cycle during this period, it is difficult to be precise on the future build out rate but, on the basis of the rates on other schemes and the applicant’s current aspiration of 90, a minimum delivery of 70 homes per year is reasonable. There is no evidence to confirm otherwise and, furthermore, CLP Policy 3 requires the final scale of the Eco-Community to be confirmed in the Site Allocations DPD; being 1500 homes, with which the application is in full compliance.
Affordable Homes
188. The CLP and Site Allocations DPD both require 30% of the homes proposed by this application to be affordable housing and a further 5% as self or custom build. As per paragraphs 8 and 38-42 above, the proposal complies in full with this requirement and the Planning Obligation can ensure delivery. Other details of the AH offer, including how it addresses local need, is examined at paragraphs 241-242.
Employment
189. The CLP requires this application to ‘provide employment space, Carluddon Technology Park and space for further economic growth’. The DPD states that ‘the site is expected to deliver approximately 15,000sqm of employment space within the site. This includes the permitted Carluddon Technology Park (PA12/11546)’. No express definition is provided in either document for ‘employment space’ or when it is to be delivered. The description of the Eco-Community allocation in the DPD indicates that the site has been allocated for numerous uses, including ‘B1/B2 and B8 Employment Uses’. This is a clear intention for the proposal to provide B uses but no guidance is provided relating to scale and/or the proportion of each B use.
190. The intent of requiring employment space in the Eco-Community is to stimulate economic growth by creating an opportunity for inward investment and jobs. To date, 8,300 squares metres of B1/B2 and B8 floor space is in the process of being delivered as part of the allocation, with the extant approval at Carluddon Technology Park. The current application offers commercial floor space totalling 10, 250 square metres for a mix of uses. All of these uses provide direct employment opportunity. The applicant’s commitment to monitor the level of employment in each phase will help to ensure that this proposal provides significant opportunity for jobs in the local area. If monitoring reveals otherwise, new applications for employment use(s) would need to be submitted. The applicant’s commitment to use local labour could also have a positive impact to the local economy but such does not comply with Community Infrastructure Levy Regulations 2011 in terms of need and enforceability. Although the applicant may choose to undertake this commitment irrespective of a Planning Obligation, the proposed use of local labour should not be given weight when determining this application.
School
191. CLP requires a new primary school as part of this development and the Site Allocations DPD sets out specific details by requiring at least 2 hectares of land to be reserved to deliver the primary school; the proposal to either build, facilitate or provide the funds to build a one form primary school; the opening of the school within first phase of development; the school should be a two form entry; and that the school is located on-site in the larger of the community hubs.
192. As detailed in paragraphs 54-59, the scale and timing of delivery of the school proposed by this application satisfies CLP and Site Allocations DPD requirements. It is located on the masterplan in Local Centre 1 within the Kresen Identity Area, which is the larger of the proposed centres. A Planning Obligation can ensure that the school is delivered in full accordance with the offer. Education infrastructure, including the local need, is examined at paragraphs 244-247.
Local Centres
193. The CLP sets out requirement for a local centre to include facilities for health, neighbourhood shopping and community facilities. The Site Allocations DPD requires residential development on this site in two neighbourhoods; each neighbourhood to contain a community hub; a larger hub to the east of the A391 to contain education and healthcare facilities; and for the healthcare facility in the larger hub to be at least 1000 square metres in area.
194. The proposal meets this requirement by providing Local Centre 1 in the Kresen Identity Area and Local Centre 2 in Penhale Identity Area, with the centre in Kresen being the larger. Local Centre 1 contains the mix of uses required by the DPD with the floorpace required for the healthcare facility obtained from 650 square metres for Health Care (D1 use class), the potential for the community centre and hub (D1) to be used for healthcare and the 3500 square metres for the assisted living home (C2).
Main Town Centre Uses
195. This application proposes 2200 square metres of floor space (gross) for Main Town Centre Uses. This comprises of the 500 square metre foodstore, 600 square metre shop(s), 100 square metre pharmacy and the 500 square metre café/restaurant/public in Kresen and the 350 square metres of café/restaurant/public house with 150 square metres of shops in Penhale.
196. Although the proposed Main Town Centre Uses are not within a defined town centre, there is no requirement for these uses to be subject to a sequential test because the principle of these uses on the site is in accordance with an up-to-date Local Plan. The exercise of demonstrating whether or not there would be preferred sites for these uses in locations closer to a town centre is simply not relevant because the CLP specifically allocates the uses to the Eco-Community site. The intention is to assist the sustainability of the development by encouraging inward investment, localised employment and an opportunity for residents to reduce the travel required to access some services and facilities. Trip internalisation is an important attribute of this application, which is detailed at paragraphs 322-323.
197. The scale and nature of the proposed Main Town Centres Use seems conducive for these to deliver services primarily to residents of the eco-community; as per the aspiration in the DPD. It is not anticipated that the proposed services/facilities would draw a significant proportion of shoppers from the nearby town centre in St Austell. In any case, there is no requirement for this application to address retail impact assessment on defined town centre(s) due to the principle of the proposed Main Town Centre Uses being in accordance with the CLP allocation. The scale of the proposed Main Town Centre Uses also falls below the threshold in the NPPF for requiring impact assessment.
Assisted Living Home
198. The proposed assisted living home is a community facility which could be used to help create a sustainable, mixed community by addressing needs for groups in the community such as the older people and people with disabilities.
Open Space
199. The CLP requires strategic scale open space with public access and trails linking into existing networks as part of green infrastructure improvements. The Site Allocations DPD requires this space to be complemented by a network of pedestrian and cycle routes.
200. The commitment by the applicant to provide 121 hectares (350 acres) of land for this purpose satisfies CLP and DPD requirement. As detailed in paragraphs 66-68, the offer includes a Land Trust to govern the land and for a Green Infrastructure Management Plan to ensure satisfactory ongoing provision, development and operation of the Green Infrastructure.
201. No weight should be given to the applicant’s commitment to fund Green Infrastructure by income from the solar parks within the application site. Although this could aid the successful delivery of the community space and help to satisfy the sustainable energy requirements listed at paragraphs 210-214, it is not specifically required to make this application acceptable in planning terms because other types of funding could also be acceptable. It is the funding itself that is required; not a specified source. It is recommended that the Planning Obligation requires the applicant to detail the funding mechanism for maintenance which could but does not need to include solar.
202. The proposal complies with the specified open space requirements in the Site Allocations DPD with regard to the minimum provision of space for Parks and Gardens, Natural and Semi-natural Spaces, Formal Sports Pitches, Children’s Play Spaces, Teenagers’ Equipped Spaces and Allotments. The parks, amenity and natural space will be provided in the 121 hectares of open space and the applicant anticipates that public sport provision will be split between the recreation hub next to Great Treverbyn Lake and the school site where community use of the playing fields will be permitted. Children’s equipped play and teen provision could potentially take the form of a variety of types of provision, including Neighbourhood Equipped Areas of Play (NEAP), Locally Equipped Areas of Play (LEAP) and Local Areas of Play (LAP), and this will depend upon the reserved matters applications and timescales of provision. The Planning Obligation can ensure delivery, including requirement for a phasing plan.
The Sky Tip and other Distinctive Landscape Features
203. The CLP requires the retention of the Sky Tip and other distinctive features as part of the green infrastructure plan. The Site Allocations DPD requires also for the Sky Tip to be safeguarded, including restricted public access. Furthermore, it identifies 3 smaller sky tips and associated features to the south of the site, associated with Ruddle Pit and a further sky tip to the adjoining south, as having historic vale and set outs an aspiration for no built development within this area and for any buildings to be monumentalised where appropriate.
204. The application complies with these requirements, subject to condition. The proposal includes a commitment to safeguard the Sky Tip and, in the interests of safeguarding features of historic value, investigation to specifically identify historic features in the southern end of the site will be required as part of the Green Infrastructure Management Plan, to prevent future operational development on any areas found to be of historic value and to safeguard and signpost any buildings found to be of historic value. This condition does not raise conflict with the submitted masterplan because the area on the southern part of the site is shown as strategic open space.
205. The Site Allocations DPD also sets out requirement for the Great Treverbyn and Penhale lakes to be safeguarded, due to their historic value, and stipulates planting on the south, south-east and northern parts of the site to create green buffers between the Eco-community, St Austell and Penwithick. This is to help retain local historic values and can be addressed by the Green Infrastructure Plan required by the Planning Obligation.
Sustainable Urban Drainage
206. CLP requires the use of strategic Sustainable Urban Drainage Systems to reduce flood risk on and beyond the site. The Site Allocations DPD stipulates the SUDs to reduce flood risk downstream.
207. The surface water drainage strategy for the proposal is set out in paragraph 13 above and drainage assessment is at paragraphs 253-265. The proposed strategy utilises SUDs and has been designed to ensure an overall improvement to surface water control, both at and off the site.
Sustainable Energy 208. The CLP requires high levels of energy efficiency in the fabric of buildings on the site; provision of low carbon heat via a heat network, meeting all regulated energy requirements of the development from renewable and low carbon sources on or near to the site; and consideration given to sourcing that heat from geothermal resources within the vicinity of the site. The Site Allocations DPD requires a combination of sustainable energy and high levels of energy efficiency to ensure that all of the regulated energy requirements of the buildings on the site are met from renewable and low carbon sources on or near the site, such as the two solar farms. This includes the provision of low carbon heat via a heat network with consideration given to sourcing that heat from geothermal resources within the vicinity of the site.
209. The applicant has submitted an Energy Study which explores opportunities to integrate energy technologies into this proposal in order to deliver a zero, or near zero, carbon development. Its primary focus is to establish a site wide heating network powered by a range of renewable or low carbon energy options. The potential for on-site standalone or building integrated electricity generation has also been considered.
210. The heat network options examined in the Energy Study comprise of gas or electricity infrastructure on a property by property basis; off-site network energy solution, including potential sources of heat located within the vicinity of the site comprising of the Engineered Geothermal proposal at Eden and the Cornwall Energy Recovery Centre at St Dennis; and on-site network energy solutions such as gas- fired CHP, Biofuel CHP, biofuel boilers, geothermal and anaerobic digestion. The Study concludes by setting out a number of recommendations for further work to help confirm the most appropriate energy strategy for the site, such as viability assessment, detailed heat network design and engagement with specialist energy service companies.
211. With regard to the buildings proposed by this application, the Design Code sets out an aspiration for all homes to achieve, at minimum, a Building for Life Silver Standard. The proposed homes are intended to meet (at minimum) Level 4 under the Code for Sustainable Homes and the spatial requirements of the Lifetime Homes Standard. Non-residential development is intended to satisfy the BREEAM ‘Excellent’ rating. Some of these ratings now require updating to similar standards under current ratings criteria, which could be done post planning committee as part of the s106 negotiation in liaison with the Chairman and Divisional Members.
212. No specific final design options have been submitted with this application and the applicant has indicated that it wishes to address sustainable energy by way of submitting details with each phase of development to demonstrate how the proposal satisfies the requirements for energy efficiency at that time. This provides an opportunity for the scheme to utilise different energy solutions in line with evolving technology. Condition 17 is recommended to ensure this.
Highways
213. The CLP requires this development to demonstrate improved access to public transport and non-car travel modes. The DPD states that the A391 road through the site is a primary vehicular route, identified also as part of a wider route that will link St Austell with the A30, and development of the Eco-Community site must, therefore, ensure that junctions on the road are of appropriate capacity. It requires also for the proposal to support delivery of other sustainable transport measures, to reduce the reliance on the car for its residents, and for contributions to projects within the St Austell Transport Strategy to help alleviate impacts within the town.
214. As detailed under Highways Assessment and in Heads of Terms for the proposed Planning Obligation, this application provides a commitment to upgrade existing bus service 27 and for this bus service to include the site on its route at regular intervals (anticipated rate is every half hour) between St Austell, Bodmin and Truro; to provide pedestrian connections to nearby settlements; to extend cycle routes; and to provide electric bike and car charging points at every home. This would greatly assist with the accessibility of the site to different modes of transport and encourage sustainable forms of travel. The detailed assessment of new junctions onto the A391 would be undertaken at the RM stage.
Conclusion on the Principle of Development
215. The West Carclaze Baal Eco-Community is an allocated development in the CRP and is defined further in the Site Allocations DPD. The purpose of this allocation is to provide transformational development by redeveloping post-industrial land to deliver, in line with corporate CC priorities, housing, including much needed affordable housing, employment opportunities and associated infrastructure that will be of benefit to both the new and surrounding communities.
216. The principle of this application satisfies the CRP and DPD definition of West Carclaze/Baal Eco-Community and, therefore, establishes a platform to deliver the associated benefits. The assessment that follows examines the impact of this proposal and sets out its benefit and harm.
The Masterplan
217. The proposal is in outline form with all matters reserved. This means that matters such as layout, scale, external appearance, access and landscaping are reserved for future consideration. The masterplan, parameter plans and the design code have been submitted to demonstrate how the proposal can deliver the design rationale for the Eco-Community. Its objective is to:
‘Create a vibrant community with opportunities for work, living with different activities able to support each other. Develop strong connections with the surrounding Clay Country and immediate villages, prioritising pedestrians and cycle links. Working with the landform by creating visually appropriate and responsive development utilising existing features for visual amenity. Develop to capacity. Recognising the need for new housing and services, appropriate areas of the former quarry site should be bought forward to ensure viability. Create investment opportunities by creating different areas for different types of new homes, businesses, business integration and energy generation. Deliver the proposal to ensure development viability and ongoing social and economic sustainability. Landscape and its unique attributes present opportunities to integrate the Eco- community within the wider Clay County Habitats are unique within the Clay Country and the site presents opportunities for new and enhanced natural spaces for wildlife and plants. Growth for the wider Clay Country.’
Form
218. The masterplan sets out a hierarchy of street and spaces based on a strong block structure and a clear differentiation of public and private spaces. The form is focused around a north-south street spine and east-west green routes. Its block structure helps to create an ease of choice of movement for pedestrians by creating an understandable network of streets and spaces and destinations within reasonable walking distance. The structure should be able to adapt for the potential of changing uses and demands on housing need over time without eroding the essence of the place and/or creating a need for major redevelopment in the future. This flexibility is an important criterion for sustainable master planning.
Landscape
219. The spatial arrangement of the masterplan is governed by an objective to achieve an overall net gain in biodiversity and established habitats. Its arrangement is informed by the ecology surveys submitted with the application, including retention and enhancement measures set out in Ecology Assessment below. A framework of green open space, lakes and wetland areas is proposed across the site as are green links to help link the community to the ecological and landscape assets of the site. The green space is intended to be multifunctional and include uses such as formal and informal recreation, wildlife and habitat areas, micro-allotments and woodland.
Density
220. The level of densities on the Parameter Plan has been designed to respond to the Identity Area and the function of the masterplan. The higher densities (up to 50dph) are set around the town centre in order to help create a sense of arrival and presence in the heart of the proposed community by increasing footfall along the main public transport corridors and spaces. This higher density of development coincides with the logic that future residents would prefer to live in these areas due to ease of access to the A391, local facilities and main public spaces.
221. The medium densities (up to 45dph) are focussed around Penhale and the eastern part of the site. Whilst this is a subtle drop in density, it is still of significant volume to promote the need for good public transport corridors yet it also provides opportunity to retain important landscape characteristics, such open space and wildlife corridors. The lower densities (up to 40dph) are around the periphery of the site, which is least accessible and forms the rural edge of the development. This makes good design sense in that it helps to ease the juxtaposition between built form and open space/countryside.
Massing and Scale
222. Local Centre 1 is shown as having a greater proportion of units above 9m (2.5 storeys), including a mix of 3 storey units or above (up to 15m to ridge height). This helps to restrict the taller commercial buildings to the centre of the site; in turn causing less impact to any adjoining residential properties.
223. The taller buildings within the local centre help to create a sense of place at the centre of the Eco-community and emphasise the importance of its heart at the crossroads leading to Penwithwick. Lower storey heights (up to 9m in height) are proposed along the rural edge and adjoining parkland.
224. There are opportunities within the masterplan for feature buildings to be used to add townscape value, such as different types/forms of buildings to terminate vistas and the end of the street or to define corner plots. This would help to create a sense of identity.
Appearance
225. Architectural form and use of materials is governed by the Design Code. The materials palette focuses on a range of local materials with a variety of colours and texture. There is a common local theme with the use of timber, granite, render and slate but the use of other materials is also suggested in order to add variety and emphasis to key buildings.
Sustainability
226. An important objective of the grain and block structure of the masterplan is to promote sustainable strategies and lifestyles to creating a long lasting place. This is achieved by designing for change through the adaptable block sizes; incorporating passive solar technology with an emphasis on east-west blocks; responding to topography and landscape features of the site; and creating choice of movement for pedestrians as part of a walkable neighbourhood approach, including facilities and public transport within a 10 minute walk. There is space within the masterplan to develop large scale ground mount solar scheme and the locations coincide with the two extant permissions for solar on the application site.
227. The masterplan provides space for Sustainable Urban Drainage across the site, through the use of a numerous methods including swales, marshy grassland and reed beds.
Conclusion on the Masterplan
228. The masterplan is simple in function and responds well to the various constraints and context of the site. It is also is in conformity to the broad scale of the masterplan in the Site Allocations DPD; as evidenced in this report. Although the final layout, scale, landscaping and external appearance of the scheme would need to be assessed at reserved matters stage, a planning condition is recommended to require the discharging of the reserved matters applications to accord generally with the masterplan, parameter plans and the design code in order to help promote the high quality of development sought by the CLP and Site Allocations DPD.
Economic Development
229. Economic development in order to create jobs and prosperity is an important tenant of the Government’s aspiration for the planning system (NPPF, paragraphs 14 and 19) and at a local level within the Local Plan (CLP, Objective 1, Policies 2 and 2a). This is a key issue for this application and the assessment below begins with an analysis of the proposal’s prospect to generate employment.
Employment
230. When considering the impact of this proposal on employment, account needs to be given to employment on the site should development not take place; because these jobs would be lost if the application is approved. If this application is refused, the applicant advises that the site would continue to be managed by Imerys, under the current ROMP agreement, and that it would be its intention to restore the site in accordance with the Schemes of Working, Restoration and Aftercare (SoWS) which is currently awaiting determination by Cornwall Council. It is expected that the employment rate associated with undertaking the SoWS programme will generate no more than 0.5 full time equivalent jobs (FTE) for 10 years. This could change, however, if Cornwall Council refused the current SoWS and required more extensive restoration works.
231. In the same scenario that the eco-community does not proceed, it is assumed that the agricultural sections of the site would continue to be farmed. Accordingly to the Structure of the agricultural industry in England and the UK (June 2103), agricultural employment in England in 2013 averaged one job per 30.5 hectares. On this basis, the 12.58 hectares of agricultural land currently on site supports about 0.4 full time equivalent jobs (FTE).
232. In accordance with the above assumptions, the number of jobs which would be lost if this application is approved is about 1 FTE. Seven FTE jobs could be created in the event that the entire site is farmed after restoration; in this scenario the proposal would result in the loss of 7.5 FTE jobs.
233. The applicant calculates the construction costs of this application at £178.6 million and expects this investment to support 88 FTE jobs for 10 years. This figure is calculated by dividing the construction total by the turnover per employee rate to give job years.
234. In accordance with the Employment Densities Guidance Second Edition (2010), the proposed 1250 (GFA) square metres for A1 use class food stores and small shops will generate 56 jobs; the 850 square metres of A3/A4 café/bar/restaurant will create 40 jobs; the assisted living home will generate 69 jobs; the primary school will create 54 jobs; the D1 use class nursery 18 jobs; the community hub/health centre will generate 24 jobs and the D2 use class community centre is expected to create 14 jobs. This totals 275 jobs gross and when applying additional calculations, including indirect jobs, the net number of jobs during the operations stage of the proposal is forecasted at 328.
Conclusion of Economic Development
235. The application will generate significant inward investment and result in a significant net gain in jobs.
Housing
236. The CLP confirms that Cornwall Council must plan for the housing needs of future communities and that failure to do this will undermine the economic strategy, place excessive pressure on an already strained housing market and restrict our ability to secure affordable housing to meet the very acute needs of many in Cornwall (CLP, paragraph 2.18). The government is also committed to delivering housing by setting policies to boost significantly the supply (NPPF, Chapter 6).
237. The CLP requires a minimum of 52,500 homes to help deliver sustainable new housing of appropriate types to meet future requirements and 900 of these to be delivered on the West Carclaze/Baal Eco Community site by 2030.
238. The housing proposed by this application makes a positive contribution towards increasing the delivery rate of housing in the St Austell Community Network Area and provides direct assistance to helping Cornwall Council demonstrate a 5 year land supply. The incoming residents of the proposed homes would also provide some support for local services and facilities and, in doing so, strengthen the local economy. The importance of economic development when making planning decisions is set out above.
Affordable Housing
239. CLP and NPPF both require the delivery of a wide choice of high quality homes and for broad opportunities for home ownership in order to create sustainable, inclusive and mixed communities. The aspiration is for a mix of housing based on current and future demographic trends, market trends and the needs to different groups in the community and to identify the size, type, tenure and range of housing that is required in particular locations (CLP; Housing Mix and NPPF; paragraph 50).
240. Evidence is provided by the Cornwall Council Affordable Housing Officer, above, to confirm a significant local need for the type and scale of the proposed AH. Subject to a Section 106 Planning obligation requiring AH to be delivered and occupied by qualifying persons in housing need, the AH proposed by this application is a significant community benefit.
Conclusion on Housing
241. The application proposes housing in an area of need.
Infrastructure Education
242. CLP Policy 28 seeks contributions to ensure that the necessary physical, social, economic and green infrastructure is in place to deliver development. Paragraph 72 of the NPPF suggests that LPAs should give great weight to the need to create, expand or alter schools. In accordance with the CC Education Strategy, a contribution for education infrastructure provision is sought on development proposals of five or more qualifying dwellings where the Local Authority indicates that there is pressure to provide education services. Pressure is assumed when schools in the area serving the development are already operating above 90% capacity.
243. The CC Education, Health and Social Care Directorate confirms, at paragraph 119 above, that there is an anticipated requirement for this application to provide a fully serviced and constructed two form entry primary school. The Directorate recommends for construction of the school to be phased in tandem with residential development. They confirm, also, that the total site area required for a 2 form entry school is approximately 2 hectares.
244. With regard to secondary school infrastructure, there is currently sufficient provision at Poltair School to accommodate the 292 secondary school children expected from the proposed 1500 homes. The CC Education Directorate confirm that it is likely that one of the three secondary schools serving the area (Brannel, Poltair and Penrice) will be expanded in the future, which could help further to accommodate secondary school children for the Eco-Community.
245. The commitment of the applicant to provide education infrastructure, detailed in paragraphs 54-59 above, successfully mitigates the impact of this proposal on education infrastructure as either existing or proposed education infrastructure addresses the education infrastructure requirements of the Eco Community. Subject to delivery of the primary school, the Cornwall Council Education Directorate raise no objection.
Health Care
246. The proposed 650 square metre building for D1 Use Class health care is expected to be of sufficient scale to provide good service to the residents of the Eco-Community. This expectation is underpinned by two calculated assumptions. First is that the population of this development will be roughly 3720 people; this is based on the average population per household in the China Clay area in 2011 at 2.48 persons. The second is that the NHS website indicates that the average number of FTE General Practitioners (GPs) per 1,000 patients per practice in England is 0.58 and, when using this ratio against expected population, the requirement for the Eco- community is 3 GPs, plus supporting staff.
247. At least 3 GPs could be accommodated within a 650 square metre health centre and it possible that the proposal could house more than 3 which could provide benefit to the wider community. Public Open Space
248. CLP policies 12, 13 and 25 seek for larger developments to deliver a balance between private, semi-private and public open space, which includes allotments, sports facilities, children’s play area provision and natural open space provision.
249. The Cornwall Council Open Space Officer advises above that the open space requirements set out in the Site Allocations DPD are now out of date and has recommended revised, higher, evidenced based standards. The applicant has agreed to meet these standards and such can be ensured via the Planning Obligation. The delivery of the full strategic complement of public open space is an attribute of this application.
250. It is recommended that the Planning Obligation requires the submission of an Open Space masterplan detailing the layout and quantity (sqm) of each POS typology to be provided on site prior to the submission of first reserved matters as well as an open space delivery plan outlining phasing, detailed design specifications, maintenance requirements and estimated costs. Any subsequent reserved matters application would then need to be in general accordance with the detail on the agreed Open Space Masterplan and further clarify the POS provision in that phase.
Drainage
251. CLP Policy 26 seeks to increase flood resilience, avoid areas of flood risk for development and decrease surface water run-off through sustainable urban drainage systems (SUDS) and green infrastructure.
Surface Water Drainage on the Existing Site
252. The application site currently drains into the catchments of the St Austell, Par and Crinnis rivers. Runoff from the majority of the site drains to either Penhale Lake or Great Treverbyn Lake and discharge from these lakes drain to St Austell River. The areas to the northwest and west of the Great Treverbyn Tip and to the west of Penwithick are within the catchment of Par River where surface water flows away from the site in a northerly direction. Runoff from the eastern corner of the site is within the Crinnis River catchment. Some of this flows into the operational drainage system for Baal work and some is pumped to the Trebal refinery where much of this water is also used in operational processes. Other areas to the northeast drain under gravity via Pits outside of the application site and Tregrehan Stream into Crinnis River.
253. The existing site contains areas of exposed soil and parts of mica dam and other mining wastes. The applicant advises that some surface materials, including mined materials, sometimes washout into downstream watercourses during large rainfall events.
254. There are no watercourses on the application site and the site is located within Flood Zone 1. The NPPF defines Flood Zone 1 as an area with the lowest probability for flooding having less than a 1 in 1,000 annual probability of river or sea flooding and where all forms of development are compatible from a flood risk perspective. 255. Circa 3 hectares of the southern eastern corner of the site is located within a Critical Drainage Area (CDA). The reminder of the site is not within a CDA.
Surface Water Drainage Design
256. As set out in paragraph 13, a Surface Water Management Strategy has been submitted with the application which details SUDs including the continued use of the on-site lakes as attenuation ponds. The applicant’s assessment confirms that the Great Treverbyn and Penhale Lakes are sufficiently large such that discharge from both lakes can be controlled to low levels with minimal variations in water level. It is proposed that runoff from Great Treverbyn Lake would be directed into Penhale Lake at a controlled low rate and discharge from Penhale Lake would then be routed to the south into St Austell River via an existing channel. For other areas, such as the area down gradient of the Lakes, attention would be provided through the creation of localised surface water features with flow control provided to the outfall. Norman Pit would be used for attenuation for runoff from the area to the east of the A391 and discharge from this would be at a controlled rate under gravity to Tregrehan Stream. Full details of the Strategy are on the Council’s website.
257. The Drainage Strategy includes pollution prevention measures including a mix of SUDs and hard engineering such as petrol interceptors. The routing of all runoff via the onsite lakes or other SUDs features prior to discharge into a watercourse provides an opportunity for sediment to be removed through settlement and/or filtration. This could have a beneficial effect to the water quality of the receiving rivers. The Strategy includes ‘cut-off’ drains to prevent flows of water from the development area entering the St Austell Clay Pits SAC and also provides habitat for wildlife and amenity spaces for future residents through the creation of surface water features. Overall, the development would stabilise many features to prevent turbid runoff such for example the tarmacking of roads and the proposed planting/landscaping on significant areas of open space.
258. Design measures are included within the Strategy to address potential flood risk associated with overland flow paths from high land to the attenuation ponds. These include minimum levels for the finished floor levels of some of the proposed buildings.
259. The aim of the Drainage Strategy is to ensure no uncontrolled discharge up to a 1% Annual Exceedance Probability flood event; peak rates of runoff from the site following development are no greater than would be expected for an equivalent greenfield site; and that opportunity is provided to reduce runoff volumes. Allowances are provided for potential increases in peak rainfall as a result of climate change.
260. The applicant’s assessment states that ‘the inclusion of a range of sustainable drainage techniques and the use of the lakes will enable runoff to be controlled to a very high standard such that peak rates of runoff are reduced from current levels and peak volumes of runoff are broadly unchanged. The net result of the drainage proposals will be a small reduction in flood risk in the two receiving water bodies (St Austell River and Par River) which further downstream pass through critical drainage areas. It concludes that ‘the flood risks posed to the development proposals are all low or negligible and that the proposals will result in a small reduction in flood risk locally’.
261. The Environment Agency confirms, at paragraph 131, that the proposed Surface Water Drainage Strategy is acceptable subject to conditions. The conditions recommended require evidence with subsequent reserved matters applications to demonstrate acceptable bespoke surface water drainage solutions, including water management on adjoining land at Ruddle Lake and measures to control pollution to air, soil and waters and for the solution at phase level to not compromise the strategy for the overall site. With regard to Ruddle Lake, the agent has confirmed that the applicant owns this land and will accept the proposed condition requiring water management.
262. Given that the EA agrees that a robust drainage option exists for this development and that planning conditions can ensure that appropriate drainage is installed prior to commencement of use of the proposal, your case officer’s opinion is that surface water drainage is satisfactory addressed subject to the conditions.
Foul Water Drainage
263. South West Water confirm, at paragraph 129, that the pubic foul drainage network has capacity for this proposal and recommend a condition to ensure that appropriate public drainage infrastructure is in place prior to occupation of development. The EA support this approach. The delivery of new sewerage infrastructure/ improvements to the existing network might affect the phasing of development but the extent of this is unknown and would need to be addressed at reserved matters stage. The condition will ensure that the proposed development satisfactorily disposes of foul drainage.
Conclusion on Infrastructure
264. The proposed school combined with existing schools will provide the education infrastructure required for the future residents of this proposal. The proposed Health Care facility is of sufficient size to provide for good service as are the substantial areas proposed for public open space. Conditions can ensure appropriate systems for the disposal of surface and foul water.
Historic Environment Assessment
265. Planning (Listed Buildings and Conservation Areas) Act 1990 requires the local planning authority to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest.
266. Policy 24 of the Cornwall Local Plan states that ‘development proposals will be permitted where they would sustain the cultural distinctiveness and significance of Cornwall’s historic rural, urban and coastal environment by protecting, conserving and where appropriate enhancing the significance of designated and non-designated assets and their settings’. 267. Part 12 of the NPPF requires that account should always be taken of: the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; their potential to contribute to sustainable communities; and the desirability of new development making a positive contribution to the historic environment’s local distinctiveness and states that ‘great weight’ should be given to the objective of conserving designated heritage assets.
Built Heritage
270. The application site does not contain designated historical assets.
271. A 5km radius around the site contains elements of the Cornish Mining World Heritage Site, 18 nationally designated Scheduled Monuments and 1 Registered Park and Garden. The closest part of the World Heritage site is roughly 2.3 km to the east/south east of the site whilst the closest Scheduled Monument is the Wheal Martyn China Clay Works (now a Cornish China Clay Museum), 300m to the south west across the B3274. The nearest Registered Park and Garden is the Grade II* Tregrehan Estate, which lies approximately 2km to the south-east.
272. The 5km radius contains 292 Listed Buildings. Three Grade 1 Listed Buildings are located 3.5km to the north-west, 3km to the north-east and 2.1 kilometres to the south of the site boundary. A total of 17 buildings are Grade II* and the remaining 272 are Grade II.
273. A 2km radius of the site contains 29 Listed Buildings. Twenty eight of these are Grade II, mainly located to the south and west of the site. The closest Grade II buildings are a listed milestone, about 19m away at the Stenalees roundabout; Carbean Farmhouse, 60m away on the western side of the B3274; Carthew Mill, 110m away on the western side of B3274; and the Wheal Martyn Museum.
274. Well defined medieval field patterns are located on the north west of the site, around Penhale. The boundaries are of these fields are characterised by broad earthen embankments with stone facings on either side and a hedgerow on top. Medieval field patterns are also on land around Carluddon but these are less regular in pattern than those at Penhale. A further medieval system can also be discerned on the steep valley slopes above Ruddlemoor to the south-west of the site. These areas total about 13.5 hectares in area.
275. There are several post-medieval settlement sites within the site, including an area of settlement at Penhale. Evidence of this site is still visible on the ground and consists of numerous stone walls, building platforms and former garden plots. A second settlement is located further east and consists of partial remains of a stone building with piles of stone rubble. Two barns, in good condition, are located to the nearby north of the Great Treverbyn Lake.
276. The majority of recorded sites within the site are modern in date and relate to industrial activities. Within the eastern half of the site there is a concentration of former industrial structures, and most notable is the Great Treverbyn Tip. This landmark was created between 1945 and 1958 and is described at paragraph 3 above. The site of the abandoned Higher Ninestones China Clay Pit in the north west of the site is now a large pool with a mica dam at one end. The former original china clay works was located at the northern end of this pool. Its engine house was first shown at Lower Ninestones on the 1907 OS map and the foundations are now covered with vegetation. Other built features include the sites of 4 former industrial structures together with an extant electric sub-station and a former canteen on land to the immediate north of the Great Treverbyn Sky Tip. The former Penhale Engineering Department, which now consists of a single building with a low wall, is located to the nearby south-east of Penhale Lake.
Loss of Historic Buildings
277. The construction phase of this proposal will result in the loss of the mostly ruined standing buildings at Penhale Farm and the former building of the Penhale Engineering Department. These buildings are of local importance and the resultant effect is Minor Adverse. A planning condition is recommended to mitigate this effect by requiring a programme of photographic recording prior to demolition of the buildings. This photographic survey would provide archival records of the structures to be lost and a form of preservation by record.
278. As set out above, the southern end of the site has been identified as potentially having buildings of historic significance and the proposed Green Infrastructure Management Plan can ensure that such buildings are safeguarded.
Impact to Setting
279. The built form of the proposal has the potential to affect the setting of the surrounding heritage assets. Annex 2 of the NPPF defines the setting of a heritage asset as ‘the surroundings in which the asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance, or may be neutral’. The contribution that setting makes to the significance of a heritage asset does not solely depend on visual considerations but other factors such as noise, dust, vibration, spatial and historic relationships also influence the extent and importance of setting.
280. There are no substantial views of the proposal from the World Heritage Mining Site to the east. This combined with the significant separation distance between the site and heritage asset of 2.3km, ensures that any impact of this application to the setting of the WHS is negligible.
281. Local topography prevents any substantial views from the Wheal Martyn China Clay Scheduled Monument to the site. The majority of the Scheduled site is at road level or slightly elevated behind this with no views of the site. Partial views of the site are possible from an elevated viewing point situated on a prominent hill, to the west of the main monument complex, but even this only affords views of the western edge of the site (which will remain undeveloped). It is adjudged, therefore, that the application will have a low impact upon this Scheduled site resulting in an effect of Minor Adverse significance. 282. No intervisibility exists between application site and the Registered Park and Garden to the south-east and, accordingly, the proposal has a neutral impact to this heritage asset.
283. The location of the proposed built forms on the eastern part of the application site and landform, including the higher ground of Ruddlemoor, to screen the proposal will ensure that this application is not prominent to the setting of the identified 29 Listed Buildings within 2 kilometres of the site. The proposal will have no more than a low impact to the setting of these Listed Buildings resulting in an effect of Minor Adverse significance.
Archaeology
284. The application site does not contain designated archaeological assets.
285. Evidence submitted with the application confirms, however, that the application could result with the loss of medieval settlement remains associated with, in particular, the settlement at Penhale; archaeological deposits at Penhale and Carluddon; potential archaeological deposits south of Penwithick; possible remains of a Bronze Age Barrow; possible remains of a standing stone at Penwithick; and general potential within the non-industrial areas of the site for undetected deposits.
286. The Environmental Statement finds that the proposal will affect areas which have the potential to contain remains of Medium Significance and, importantly, that there is low potential for these areas to contain more significant archaeological deposits. The scheme will have no effect upon known sites of High Significance.
287. The applicant proposes to mitigate the potential impact upon the archaeological resource by further survey and, if necessary, excavation and detailed recording of any significant deposits identified within the footprint of the proposed development. This work would include geophysical survey, within areas which have not already been so surveyed, and trail trenching.
288. The survey is intended to clarify the nature of the archaeological remains within areas affected and, in particular, to define sites of High or Medium archaeological significance or sensitivity where the potential loss requires mitigation. The results of the survey would be used to prepare a detailed mitigation strategy which would define how the potential loss of such sites would be mitigated against. Potential mitigation strategies include detailed excavation and recording of significant sites and deposits prior to their disturbance or preservation in-situ of very significant sites. There is no indication on current knowledge that the site contains such significant sites or deposits. It is adjudged that the implementation of this strategy would result in an overall residual effect of Minor Adverse significance.
289. In paragraph 115 above, the Cornwall Council’s Historic Environment Planning (Archaeology) Team raise no objection to this application subject to a planning condition which ensures specified surveying and recording. This is recommended as Condition 5. 290. In accordance with paragraph 134 of the NPPF, subject to conditions requiring mitigation it is adjudged that this application will lead to less than substantial harm to the significance of designated heritage asset. As set out in the balance of considerations, this harm is weighed against the public benefits of the proposal.
Conclusion on Historic Environment Assessment
291. The site contains no designated historical assets or known sites of high archaeological significance. The application will harm the setting of heritage assets and has the potential to disturb buried assets. Conditions can ensure that the overall impact is Minor Adverse.
Landscape Assessment
292. The application site is not subject to a landscape designation and the nearest Area of Outstanding Natural Beauty (AONB) is located about 4.5km to the south and 5.5km to the south-west. The Heritage Coast is 5.5km away to the south and the nearest Area of Great Landscape Value (AGLV) is the Helman Tor and Luxulyan AGLV, about 2km to the east.
293. The site contains no Tree Preservation Orders. The Arboricultural Appraisal submitted with the application recorded Ash, Sycamore and Stone Pine as the most common species of significant individual trees on the site and Goat Willow, Hawthorn and Common Alder as the most common tree groups. It concludes by stating that ‘overall, the classification of retention values for the vegetation across the site confirms that, in purely arboricultural terms, there are few trees of particular merit’.
294. The site is within Landscape Character Area CA17 ‘St Austell or Hensbarrow China Clay Area’ of the Cornwall Landscape Character Assessment. The Cornwall Landscape Character Assessment describes CA17 as ‘a varied, dramatic landscape of china clay waste tips and areas of rough vegetation, characterised by open pit mining’ and that ‘the mix of active and disused sites creates a dramatic lunar landscape of huge, light-coloured waste tips and settling ponds within a relic pastoral farming landscape’. It notes also that it is a ‘rugged area of great variation and drama’ with ‘dominant visual elements including large white spoil heaps, either conical or flat-topped in form, aqua-blue pools, areas of rough ground and natural and naturally regenerated scrub and heath’. It concludes by stating that the Area is ‘a vivid and dynamic visual landscape character quite unlike surrounding Landscape Character Areas’.
295. Your case officer’s perception of the application site is disused mining land with distinctive landscape variations and features, such as the mica dams, spoil heaps and lakes, next to a busy road. The description of the CA17 Area applies well to the site. The prominent landscape feature in the area is managed mining landscape set within the outskirts of villages and a Main Town.
296. As detailed in paragraphs 92-98 above, at present there is no requirement for the site to be restored prior to 2047; with the exception of the undetermined application, no robust details have been submitted to demonstrate how the site could be restored; and there is a real possibility that the land would be restored prior to 2047 should the current application not proceed. How and when the site would be restored is unknown.
Visibility of the Proposal
297. The proposal would be legible from a number of public vantage points; a Zone of Visual Influence (ZVI) submitted with the application confirms that potential views of the development exist from all directions. This modelling is underpinned by the assumption that the proposal would be built in general accordance with the Design Code, including the height parameters.
298. When considering the ZVI and the presence of screening features however, such as landform, vegetation and buildings, views of the proposed development are significantly more constrained. From the south for example, views are screened by the ridgeline along Lower Ninestones, established vegetation at Ruddle and the Great Treverbyn Tip. The main visual receptors of the proposal from the south are likely to be workers/visitors to the St Austell Enterprise Park; users of nearby roads including, in particular, the A391; and users of the Mount Stomper PROW and Sustrans Route 2. Views of the proposal from St Austell are generally well screened by built forms and landform, with occasional glimpses of the western part of the site. From beyond St Austell, the elevated area next to the coast, some of which lies within the AONB, has the potential for some distant views of the site. Distant views from the highways are very much limited due to the screening provided by the hedgerow network but there is potential for views of the development from the sea in St Austell Bay.
299. From the north, the elevated landform of the restored tip at Caerloggas Downs as well as the built form of Penwithick means that the visual receptors are limited to a reasonably small area, including users of the A391 through the site, visitors to Carloggas Downs and from the southern edges of Stenalees and Penwithick. Beyond this the potential for views is limited to local ridgelines to the north-east of the site. From the east, The Great Treverbyn Tip provides screening whilst some residents along the A391 at Carluddon and users of the proposed Technology Park and St Austell Enterprise Park would see the proposed development. Further to the east, north-east and south east visibility is limited, with the main potential views being at an elevated area to the east of the Eden Project and an area of ridgeline to the west of Fowey, circa 5km away.
300. From the west, views are also limited by landform with the steep valley side of the River St Austell and the Lower Ninestones Tip limiting views into the site from Carthew. Potential visual receptors are users of the B3274 and visitors to the Wheal Martyn Museum. Beyond this, an extensive area of China Clay workings to the west further limits visibility and accessibility, meaning that few visual receptors live in, travel through or work in this area. The main potential visual receptors could be visitors to Trenance Downs and users of Greensplat Road.
Impact of the Proposal to the Landscape 301. The application introduces a mix of built development and land use, landscaping and open space onto the application site which will result with a dramatic and likely permanent change to its appearance. As set out above, this change will be highly visible to some public locations and in particular to receptors from nearby vantage points such as the A391, nearby public footpaths and the cycle route.
302. It is adjudged that the change to the appearance of the site will result in an overall Moderate Adverse impact to the character of the area. It is clear that the proposed built form and associated land use will result with a negative impact to the landscape values associated with the sites industrial heritage but such is tempered by the low sensitivity of the receiving landscape which has been created from the previous degradation by mineral extractions; the landscape benefit the proposal offers by introducing new managed habitat, with direct public access, on 141 hectares of land on the southern part of the site; and because the proposal retains prominent feature of the sites mining heritage, being the Great Treverbyn Tip. The masterplan also shows other key features being retained, such as the Penhale and Great Treverbyn lakes, which could be required at reserved matters stage. The Green Infrastructure Plan required by the Planning Obligation also safeguards features of historic value at the southern end of the site, as discussed at paragraphs 206-207.
303. The proposal is likely to result in the loss of some trees but the landscape impact of this is not expected to be more than Minor Adverse. The Aboricultural Assessment confirms that ‘that the majority of the individual and groups of trees that were classified as being of moderate or high retention value are located in areas where intensive development is not proposed’ and a condition can ensure that the scheme results in a net increase of trees and appropriate tree root protections zones are provided for retained trees. The extent and details of individual tree loss would need to be examined at reserved matters stage.
304. Significant weight should not be given to the ROMP requirement to restore the site because at present there is no evidence to confirm how restoration would change its appearance and when these works would actually occur. It can be assumed that restoration will have a positive impact but its extent is unknown. A restoration plan for example could simply result in minor changes such as new planting and minor regrading or alternatively with significant changes to the landform including re- contouring and the potential removal of the Great Treverbyn Tip.
Designations relating to Landscape and Visual Amenity
305. The NPPF affords the AONB the highest status of protection in relation to landscape and scenic beauty and specially requires the impact of any proposal to the AONB to be given great weight. The impact of the current application on the AONB is Minor Adverse because the scheme would not be a dominant and/or jarring landscape feature for receptors in the AONB. This is due to the significant separation distance of at least 4.5km; landform and vegetation screening views; and because views of the proposal from the AONB would be in association with and comparison to the much larger in scale, closer and more prominent built form of St Austell. 306. Users of the part of the Sustrans Route 2 which passes through the site could experience a Moderate Adverse impact. The proposal does not physically change the cycle route but some views from the track across the site would change from disused mining land to housing. This impact is transient and short term because it is likely that the receptor would be moving (walking or cycling). In addition, the scheme would introduce a moderate positive impact to receptors on this route due to the proposed regeneration and associated new planting on the southern side of the site.
307. Any impact to the Helman Tor and Luxulyan AGLV would be no more than Minor Adverse. Views of the proposal from this designated area are limited due to the screening provided by landform and vegetation and the separation distance itself.
Conclusion on Landscape Assessment
308. The proposal will introduce a dramatic change to the appearance of the site and which could result in a moderate adverse impact to the character of the area. Any harm to the AONB is no more than Minor Adverse.
Highways Assessment
309. CLP Policy 27 requires all developments to provide safe and suitable access to the site for all people and not to cause a significantly adverse impact on the local or strategic road network that cannot be managed or mitigated. For major developments, such as this application, it requires a resilient and reliable transport system for people, goods and services.
310. The NPPF requires this application to be supported by a Transport Statement/Assessment and that account should be taken of whether:
• The opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; • Safe and suitable access to the site can be achieved for all people; and • Improvements can be undertaken within the network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.
311. An assessment of the highway and transport implications of this application is contained within the submitted Transport Assessment.
Access
312. Access is a matter reserved for future consideration; these details will need to be submitted and examined at the reserved matters stage.
Vehicles 313. The masterplan shows that the site could be accessed from a number of points, which would be achieved via three new priority junctions from the A391, the Great Treverbyn roundabout (that has recently been constructed as part of the A391 Carluddon improvement works) and the reconfiguration of the existing Carluddon double mini-roundabout. These points of access would provide a high level of accessibility to the site for vehicles but evidence would need to be submitted at reserved matters stage to demonstrate that said junctions operate safely for this scenario to be acceptable.
Pedestrian and Cycle
314. Existing pedestrian facilities within the vicinity of the site are limited due to the former China Clay workings. There is, however, a continuous footway along the A391 into St Austell and, as part of the A391 Carluddon Improvement Scheme, two bridges have been provided across the A391. It is about a 2.5 km walk from the site into the town centre down a moderate hill; this would be a challenge for some but the journey is possible.
315. There is also limited Public Rights of Way (PRoW) in this area, with the most notable being an east-west orientated PRoW between Stenalees and Trethurgy, via Penwithick, on an alignment to the north of the A391. There are a number of Permissive Rights of Way, including the Clay Trails Network. The nearest Clay Trails track is the Eden Project to Wheal Martyn route, which can be accessed from the A391 south of the masterplan. From the Eden Project there is a clay trail route to Bugle and from Wheal Martyn there is a route into St Austell.
316. The masterplan shows options for controlled pedestrian crossing to assist movement between the development and the communities at Stenalees and Penwithick. It also shows a network of pedestrian and cycle routes through the site itself, which would provide a good level to accessibility to its different areas and features and the wider community. The Planning Obligation provides a commitment for the scheme to provide pedestrian connections to nearby settlements, extend cycle routes and to supply electric bike charging points at every home and at places of work. Precise details of the routes would, again, need to be submitted and examined at reserved matters stage.
Public Transport
317. A number of existing bus routes operate in the local area, including the 27. 30, 101, 223 and 529 services.
318. The principal bus route serving the Carluddon area is the Western Greyhound service 529, which links Bodmin, Bugle and St Austell. There are bus stops for this service in Carluddon, to the north and south of the double mini-roundabout junction. This service could be convenient to future residents.
319. The nearest railway station is Bugle. It is more likely however that the future residents of this application would travel to St Austell Station to access train services as Bugle is not situated on the main line. St Austell Station is roughly 2.5km away. Public transport enhancement
320. The contribution proposed for ‘public transport enhancement’ would support a modal switch from the use of private cars to the use of bus, walking and cycling for localised trips. The proposed funding of the 27 Showcase Corridor between the application site, Truro, St Austell and Bodmin, as detailed in paragraph 46, is likely to provide a convenient method of transport for future residents as would the upgrading of the Clay Trail and to extend the local cycle trail networks to Penwithick, Stenalees and Treverbyn. This assists with the accessibility of the site to different modes of transport and encourages sustainable forms of travel.
Green Travel Plan
321. The applicant has indicated a commitment in the Planning Obligation to providing a green travel plan prior to each phase of the development commencing. This allows the details to be brought forward with further consultation and taking into account the requirements of business operators which as yet have not been identified. The Travel Plan will assist with the accessibility of the site to different modes of transport, encourage sustainable forms of travel and is a living document that can react to changes of circumstance.
Trip Generation and Distribution
322. The total number of external two-way trips forecast by the applicant for this development is 873 in the AM peak (0800 – 0900) and 1017 in the PM peak (1700 1800). This equates to between 16 and 17 vehicle movements every minute in the peak periods.
323. The forecast trip rates do not include trips taken within the site. Trip internalisation is expected to be significant for this application because of its significant scale and the intrinsic link between the mix of proposed uses. It is reasonable, for example, to assume that many trips to the proposed café, shops, community centre and pub will originate from residents within the site. The applicant estimates trip internalisation to result with a 24% reduction at AM peak and 46% reduction at PM Peak. This rate has been agreed by the Highways Officer.
324. The impact of the development on the local highway network has been assessed by the applicant through a capacity assessment on a number of junctions on the network.
325. The assessment demonstrates that this development will have a negligible impact on the three A30 trunk roads junctions at Highgate Hill, Victoria Interchange and Innis Downs. Highways England raises no objection to this application.
326. Assessment of the junctions within St Austell showed that the majority of these operated within capacity in all of the scenarios modelled, with the exceptions of the signal junctions at Tregonissey and along the A390 corridor at Daniels Lane, Holmbush, Bucklers Lane and Cuddra. 327. The proposed highways contribution will be used to address the impact of this application on some of the above junctions. As detailed by the Council’s Highways Officer above, £1.1 million of the contribution would be used to complete improvements works at the Tregonissey junction, £750,000 used at the Slades Road/Sandy Hill Junction whilst £201,982 would be used to upgrade Scredda roundabout. This provides direct mitigation for the scheme and is recommended to be secured by the proposed Section 278 Agreement.
328. The overall highways contribution has been calculated by the proposed new peak hour trips on the highways network, in accordance with the St Austell Transportation Strategy. The mitigation proposed to the local junctions above coincides with projects in the Transportation Strategy and, therefore, not only provide direct mitigation for this scheme but also provides assistance to the objectives of the local Transportation Strategy. The St Austell Transportation Strategy addresses the ‘A390 corridor’ referred to above as its projects include improvement works at Daniels Lane, Holmbush, Bucklers Lane and Cuddra.
329. The applicant’s assessment has also identified significant capacity issues at Bugle crossroads. The A391 junction in Bugle is a main route between the A30 and St Austell which has existing capacity issues; the assessment indicates that the A391 south arm operates with a significant degree of saturation in its 2017 base year. The key factor to its poor performance is a recorded high number of HGV movements through the junction combined with residential parking along the A391 narrowing the approach roads. This has resulted with HGVs straddling the centre line of the road, vehicles travelling in the opposite direction being unable to pass and, in turn, undue queuing and congestion.
330. By the year 2030 the issues at the Bugle crossroads will be exacerbated by increased vehicle movements, including those from the Eco-Community. Any meaningful mitigation to address this junction failure is outside the scope of this application, however, because conditions/planning obligations can only require this application to mitigate the harm it is creating and modelling demonstrates that the junction would be failing considerably irrespective of traffic from the Eco Community. The traffic flows from this proposal add to the problem but it is existing traffic combined with traffic from committed development that is the underlying reason for the forecast failure of the junction.
331. The Council has recognised Bugle crossroads as part of a larger strategic problem by submitting an Outline Business Case (OBC) for a new A30 to St Austell Link Road. The options for the new route would bypass Bugle. The OBC is due to be submitted to the Department for Transport in March 2017 and, subject to secure funding and planning approval, commence on site by 2020 and open by 2022. Alternative solutions would need to be investigated if the OBC is not successful and/or people would need to change their travel patterns to avoid the junction. Approval of the Eco- Community application could aid the OBC to the benefit of the wider community.
332. It is important to acknowledge also that the Eco-Community is allocated in the Local Plan and it is inevitable that this scheme will introduce traffic onto the local highways network. The Site Allocations DPD states that ‘it is recognised that the West Carclaze site could have some detrimental impacts on surrounding villages such as Roche and Bugle. Proposals are already in place to deliver a new A30 link road, between St Austell, West Carclaze and the A30.’
333. For the reason that Bugle crossroads is a wider strategic issue, no further mitigation measures have been proposed from the applicant or requested by the Council’s Highways Officer to be delivered directly by this development.
Highways Safety
334. An assessment of the most recent 5 years of collision data from Cornwall Council has been undertaken and there are no discernible patterns in the collisions across the study area that suggest any material concerns with the operation of the network.
335. A Stage 1 Road Safety Audit will be undertaken by Cornwall Council at reserved matters stage.
CC Highways Officer
336. The Council’s Highways Officer has reviewed this application and raises no objection, subject to a contribution of £4,391,982 to enable direct mitigation and promotion of sustainable forms of travel and conditions for internal estate roads, street lighting, surface water drainage, parking and turning areas to be provided prior to occupation and for a Travel Plan and Construction Traffic Management Plan.
Conclusion on Highways Assessment
337. The proposal will be accessible to a wide range of modes of transport and, subject to conditions, it will not cause a significantly adverse impact on the local or strategic road network that cannot be managed or mitigated
Ecological Assessment
338. Policy 23 of the CLP requires development to protect and enhance Cornwall’s natural environment. Policy 109 of the NPPF requires the planning system to contribute to and enhance the natural environment by minimising impacts on biodiversity and providing net gains where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity.
339. To enable a robust ecological assessment of this application the applicant has submitted numerous ecological surveys. Given the time-lapse since completion of the ecological baseline surveys undertaken in 2014 and 2015, an Ecological Verification Survey was completed in 2016 to ensure that the survey information used to inform this application is up-to-date.
Statutory and Non-Statutory Conservation Sites
Natura 2000 Sites 340. The European Council Directive on the Conservation of Natural Habitats and Wild Flora and Fauna and the Habitat Regulations imposes a mandatory obligation on the Council as local planning authority to assess whether this proposal is likely to have a significant effect on Natura 2000 sites. Natura 2000 sites are land parcels designated to ensure the protection of European important habitats.
341. The nearest Natura 2000 Site to the application site is the St Austell Clay Pits Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI) at 10m away to the southeast. The Falmouth Bay to St Austell Bay potential Special Protection Area (SPA) is 3.6km to the south-southeast and the Mid Cornwall Moors candidate SAC is 1km to the north-northeast. Although Mid Cornwall Moors is a candidate SAC and the Falmouth -St Austell Bay site is a potential SPA, for the purpose of this assessment, and when adopting a precautionary approach, both of these sites are considered Natura 2000 Sites.
342. Natural England (NE) and the Council’s ecology consultant, Parsons Brinkerhoff (PB), both agreed that the Natura Site 2000 assessment required for this application needs to examine the impacts of the proposal on the St Austell Clay Pits SAC, the Falmouth Bay to St Austell Bay pSPA and the Mid Cornwall Moors cSAC.
The St Austell Clay Pits SAC
343. This SAC measures 0.61 hectares in area and contains a mix of heath, scrub, grassland and former industrial land. It comprises of 3 components including the Baal Pit SAC Unit, some 10m away from the application site; the Prosper Pit SAC Unit at St Austell Clay, 2.5km to the north-west; and the Trethosa Pit SAC Unit at St Austell Clay, 6.16km west of the application site. The SAC is designated because it supports the liverwort species Western Rustwort (Marsupella profunda). The Natura 2000 data sheet states that this SAC is one of only 2 outstanding localities in the UK for this species. More information on this species is set out in paragraphs 373-377 below.
344. The key potential direct threats from the proposed development to the St Austell Clay Pits SAC are from non-invasive species, ecosystem modifications and natural vegetation succession linked to air quality changes. Recreational impact could also be a potential threat. Potential indirect threats arise from the loss of the Rustwort outside of the SAC boundary, where that loss could impact on the integrity of the SAC itself through loss of colonising communities of Western Rustwort. This loss could arise through direct or indirect destruction of or damage to plant communities through development activities.
345. A shadow Stage 1 Screening Report, submitted in December 2014 with the application, forecasted no Likely Significant Effect (LSE) on the St Austell Clay Pits SAC. PB and NE disagreed with this assessment, however, and asserted that the scheme could result with a LSE due to loss of Western Rustwort outside of the SAC boundary but integral to the functioning of the SAC and adverse change to air quality. The Applicant responded to this by submitting a shadow Stage 2 Appropriate Assessment. A Stage 2 Assessment is a detailed assessment of the likelihood and severity of the perceived impact on the integrity of the Natura 2000 site. NE supported the conclusions of the submitted shadow Stage 2 but PB requested clarification on a number of points reading the mitigation proposals and further details on air quality impact.
346. Since then, the number of homes proposed in the EIA assessment reduced from 1836-1500 and an updated traffic and air quality data was produced. This new information has now been used to inform a revised version of the shadow Habitats Regulations Stage 2 Report. The revised Report was submitted in March 2017 and a full copy is on the Council’s website. Its key findings are as follows:
‘In relation to the potential direct impacts on the Baal Pit SAC unit from non- native invasive species (the risk of non-native species affecting the other two units of the SAC have been scoped out), suitable mitigation has been identified in the form of (i) measures to control the planting of non-native species within the Strategic Green Infrastructure zone of the proposed development within a 100 m radius of the Baal Pit SAC unit boundary; and (ii) removal and management of non-native species in the Strategic Green Infrastructure zone of the proposed development within a 50m radius of the Baal Pit SAC unit boundary. With these mitigation measures in place, it can be concluded that there will be no adverse effect on the integrity of the SAC through this pathway, either alone or in combination with other plans or projects. These measures are of value particularly given that the Conservation and Enhancement Scheme Agreement between Imerys and Natural England (which delivered scrub control) has now come to an end and no other landowner management agreements are currently understood to be in place associated with the SAC).
In relation to potential direct impacts on the SAC from air quality changes leading to elevated NOx levels at the SAC, the air quality assessment completed by WSP Parsons Brinkerhoff has concluded that, whilst the levels of NOx will increase within the Baal Pit SAC unit and the Prosper Pit SAC unit as a result of the proposed development, the levels are below the published critical level for this pollutant and as such no significant effects are expected. Air quality changes at the Trethosa Pit SAC unit have been scoped out of the assessment by the air quality consultants.
In relation to potential direct impacts on the Baal Pit SAC unit from air quality changes leading to nitrogen deposition, the air quality assessments have shown that there is a small increased potential nitrogen deposition as a result of the proposed development, which is at a level which cannot be considered insignificant. It is recognised that the critical load for nitrogen deposition (which has been considered to be 5 kgN/ha/yr) is already considerably exceeded. The air quality model predicts that, in the future and despite the development, the nitrogen deposition rates will fall (although not to a level at which they are below the critical load) due to the “expected trend in deposition”, and that the effect of the proposed development would be to effectively slow down the rate of nitrogen deposition reduction by less than a year. Detailed monitoring has shown that the effects of nitrogen deposition would be experienced across the whole of the Baal Pit SAC unit. Discussions with a bryophyte specialist (Dr Callaghan) have identified that, based on recent empirical observations in the West Carclaze area (which is an acceptable basis of assessment given the absence of published scientific data on the impact of nitrogen deposition on M. profunda), the levels of nitrogen deposition associated with the development are not predicted to affect the ability of Marsupella profunda to colonise suitable bare granite rock. However increased levels of nitrogen deposition from the development may enhance the speed at which Marsupella profunda is outcompeted by other larger liverworts or secondary colonisers, leading to an increased successional process which could ultimately result in the reduction or loss of the Marsupella profunda species from the Baal Pit SAC unit. In other words, the time taken for succession to result in Marsupella profunda being out-competed, could be reduced as other larger liverworts (and other secondary colonisers) could respond more favourably to the increased nutrient levels within the Baal Pit SAC unit.
In order to mitigate for this potential increase in the successional processes, a management plan for the Baal Pit SAC unit and Prosper Pit SAC unit will be developed and implemented. This management plan will be informed by a comparison of the micro-succession rates of established colonies of Marsupella profunda between Prosper Pit SAC unit (which will be subject to only insignificant increased nitrogen deposition as a result of the proposed development) and Baal Pit SAC unit. These two SAC units are similar in their nature and as such provide suitable comparative sites across which potential effects can be monitored. Prior to the commencement of development, large- scale disturbance works will be completed within an area of c.20% of the Baal Pit and Prosper Pit SAC units to provide bare granite rock for colonisation by Marsupella profunda. Should regular condition assessment monitoring identify that the predicted small increases in nitrogen deposition at the Baal Pit SAC unit are resulting in an accelerated micro-succession of established colonies which could result in their loss, mitigation measure will be implemented at the Baal Pit SAC unit to control the succession process involving micro- management of the individual boulders on which Marsupella profunda colonies occur. The large-scale disturbance works referred to (which (in accordance with the management plan) will be delivered at the Baal Pit and Prosper Pit SAC units on a regular basis following the first disturbance) are to be regarded as enhancement measures, rather than mitigation measures, since the proposed development will not result in any increase in threat to the species from lack of provision of bare granite areas for Marsupella profunda to colonise. These enhancement measures will be important for the SAC given the recent absence of any disturbance and the general lack of bare granite rock within the SAC units which is detrimental to Marsupella profunda.
Air quality changes at the Trethosa Pit SAC unit have been scoped out of the assessment by the air quality consultants’
It can therefore be concluded that, with a programme of appropriate mitigation measures in place the development scheme will not result in any adverse effect on the integrity of the St Austell Clay Pit SAC through increased nitrogen deposition at the Baal Pit SAC unit. This is the case when the development is considered alone or in combination with other plans and projects. 347. Taking into account these mitigation measures, the shadow Assessment concludes also ‘that the development will not have any adverse effect on the integrity of the SAC through this pathway either alone or in combination with other plans or projects. In fact, the proposed development offers the opportunity for enhancement works within the Baal Pit and Prosper Pit SAC units to be implemented through management agreements’.
348. Indirect effects on the three SAC units arising from the loss of Western Rustwort populations from areas outside the SAC boundary, which could reduce the SAC’s colonisation resource, have also been considered. The Report states that ‘appropriate mitigation measures have been identified and will be secured to ensure that this species is maintained within the Eco-Community development site and associated mitigation area (i.e. outside of the SAC unit boundaries) as part of the site design and to ensure long-term management proposals. As such it can be concluded that the development will not have an adverse effect on the integrity of the SAC through this pathway either alone or in combination with other plans or projects.’
349. No additional in-combination effects on the SAC are predicted in the shadow Report. The contributions from other committed developments have been considered in the traffic model on which the air quality impacts are based and energy generation projects in the vicinity of the SAC have also been considered, either as part of the existing background levels (where the facility already exists) or as part of additional assessment work completed in 2017.
350. Mechanisms are proposed in the Stage 2 Report to secure delivery of the development without any adverse effect on the integrity of the St Austell Clay Pits SAC, either alone or in combination with other plans or projects. The Report is logical and seems robust. Comment from PB and NE is awaited
Mid Cornwall Moors candidate SAC
351. There is no published Conservation Objectives or Key Areas of Vulnerability for this candidate SAC but Natural England advises that the proposed designation is based on the Goss Moor National Nature Reserve (NNR) and Breney Common Cornwall Wildlife Trust Reserve, which are themselves designated for breeding populations of marsh fritillary butterfly. The purpose of the cSAC is there to further protect and conserve core populations of the marsh fritillary. The Breney Common and Goss and Tragoss Moors Sac, which is located at least 5km from the boundary of the application site, will form part of the proposed Mid Cornwall Moors cSAC and this contains valued heaths, transition bogs and quaking mires.
352. The shadow Stage 1 Screening Report submitted with the application forecasts no LSE on this cSAC. A full copy of the Report is on the Council’s website. It states that the proposed development may result in a small increase in NOx but not to a level to undermine the integrity of cSAC (NOx is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts). The likely recreational pressure resulting on the SAC is predicted to be negligible, due to the links to the nearby green space on-site and the availability of alternative open space in the area to meet recreational needs such as the coast path. PB and NE agree.
Falmouth Bay to St Austell Bay potential SPA
353. This site potentially qualifies as an SPA because it supports concentrations of 3 non- breeding species listed in Annex I of the Birds Directive, being the Black Throated Diver, Great Northern Diver and the Slavonian Grebe. No formal Conservation Objectives have been published. NE has completed a vulnerability assessment for the pSPA which identifies that the Key Area of Vulnerability for all 3 species is mortality as a result of fisheries practices, particularly due to entanglement in nets. Other issues for vulnerability includes visual and acoustic disturbance by boats.
354. A shadow Stage 1 Screening Report submitted with the application forecasts no LSE on this pSPA. The proposed development is entirely located on land, in excess of 3.5km from the nearest point of the pSPA, the protected birds are only present during the winter and therefore it would not increase the likelihood of disturbance from fisheries operations. PB and NE agree.
Habitats Regulation Assessment (HRA)
355. The shadow HRA Stage 1 and Stage 2 assessments provide robust and logical evidence that the proposal will not adversely affect the integrity of any Natura 2000 Site. However, the Stage 2 Report on the St Austell Clay Pits SAC is currently being reviewed by NE and PB and it is recommended that feedback from these consultees should be received prior to the Council considering whether or not its obligation by European and UK law to safeguard Natura 2000 Sites is satisfied.
Goss Moor National Nature Reserve (NNR) and SSSI
356. The Goss Moor NNR is not a Natura 2000 Site but nonetheless is a statutory conservation site which is a consideration for this application. The proposal will not have a physical direct affect on the NNR because the two sites are separated by 5.8km and quarries, fields and roads. There is potential for recreational visitors from the eco community to visit the NNR but it is unlikely that large numbers of residents would visit due to the similar habitat within and surrounding the site and the other recreation attractions in the area such as the sea and coast path.
Sites of Special Scientific Interest
357. Four SSSIs, in addition to the St Austell Clay Pit and Goss Moor SSSIs, are within a 10 km radius of the application site, being the Carn Grey Rock and Quarry SSSI, Wheal Martyn SSSI, Relowda Beacon SSS1 and the South Terras Mine SSSI. The application would not result in a material adverse impact upon the integrity of these sites because a separation distance of at least 400m would ensure that each would not be physically impacted upon as each are not designated for ecology reasons; they all are designated for geological features.
Carbis Moor County Wildlife Site (CWS) 358. The Carbis Moor CWS contains 18.7 hectares in area and circa 5 hectares of this is located on the application site. A CWS is a non-statutory conservation site. The actual CWS habitat on the application site comprises of dense scrub and wet dwarf shrub heath and is severed from the remaining area of the CWS by a road.
359. The Parameter Plans shows that there will be a loss of 3.8 hectares from the Carbis Bay CWS, compared to the 5 hectare loss proposed in the original submission. There is also potential for indirect impacts on the remaining CWS area during the construction phases from vehicles and runoff and during the proposed use from degradation of habitat from increased visitors and introduction of non-native invasive species.
360. Measures to mitigate the adverse impacts on the CWS have been submitted which includes a proposal for each reserved matters application to be accompanied by habitat and long term management proposals to ensure that there is no net loss of biodiversity and, in the long term, implementation of management actions to ensure a biodiversity gain. Habitat creation works are proposed to be carried out as part of an earlier phase or the same phase during which habitat loss would be experienced. The proposal includes a commitment to enhance the retained habitat in the CWS.
Other County Wildlife Sites
361. The Treskliing Downs CWS is (circa) 750m to the north of the application site, Trethurgy and Garkar Valley CWS is 930m to the south east, Carne Cross and Starrick Moor CWS is 1.17km to the east, Burngullow Common and Gover Valley is 1.37km to the south-west and the Hensbarrow Downs CWS is 1.42 km to the north west of the site.
362. No impacts are anticipated to these CWSs. This is due to the separation distances and because none of the said CWSs are hydrologically connected to the application site. Indirect impacts from vehicle emissions are not anticipated because none of the CWS sites are adjacent to the A391; none of the CWS sites have open public access, and although PROWs pass through the CWSs none are connected directly to the application site; and negligible recreational impact due to the links to the nearby green space on-site and the availability of alternative open space in the area to meet recreational needs such as the coast path.
Impact on Habitat
363. The proposal will result with the loss of habitats on the application site. The table below sets out the type of habitat currently on site and the extent which each would be affected. 364. As a result of this application being amended during its processing to increase retention of additional habitats at the site, notably the scrub and semi-natural board-leaved woodland habitats with the Carbis Moor, the above table needs to be amended for ‘Scrub’ and ‘Semi-natural broadleaved woodland’. For Scrub, the area lost beneath development decreases from 22.1 to 21.1 and the area of habitat to be retained increases to 40.1 %. The area lost beneath development for Semi-natural broadleaved woodland decreases from 0.2 to 0.05 and the area retained increases to 9.85.
365. The on-site habitats most affected by the proposal are amenity and improved grassland, quarry and spoil areas, poor semi-improved grassland, wet dwarf shrub heath and bare ground. With the exception of wet dwarf shrub, the ecology surveys evidence submitted with the application classifies these habitats as ‘low’ to ‘very low’ ecological sensitivity. The wet dwarf is classified as ‘medium’. The proposal mainly avoids direct impacts to the most ecologically valuable habitat. 366. To ensure that the integrity of the habitat is retained within the site, some of the habitats proposed to be removed have large alternative areas within the site. These habitats include broadleaved and coniferous plantation woodland, broadleaved semi-natural woodland, neutral and semi-improved grassland and dry dwarf scrub heath.
367. In addition to direct loss of habitat from the proposal there is also potential for indirect impacts from the proposal on the habitats retained. These include contaminated runoff, spillage, air quality changes, cat and dog predation and trampling.
368. Further to avoiding developing on the most sensitive habitats, the proposal also includes mitigation and enhancement measures. These are summarised as follows:
Amenity grassland to include low growing forbes to provide nectar sources. Habitats compensation for wet woodland and wet dwarf shrub heath will involve additional loss of bare ground (to that directly lost under the footprint of the proposal). The bare ground to be used has little ecological value. Creation and expansion of wetland habitats will result in the retention and management of existing marshy grassland habitats Scrub and ruderals to be removed to enhance existing areas of retained ephemeral/short perennial habitat. Hedgerow replacement at 3 times the length of that lost to development. 3.3 hectares for dry dwarf shrub heath. Enhancement works to the existing dry dwarf scrub heath including removal of rhododendron, cutting and creation of bare patches of ground to create a diverse age structure in the heath To compensate for the loss of circa half of the marshy grassland, the areas to be retained around at Penhale Lake and around Great Treverbyn Lake will be subject to enhancement works, including the creation of ephemeral pools, removal of invasive species and planting of rare species. Thinning and cropping of the plantation woodland and removal of invasive species. The enhancement of the retained area of acid grassland including removal of invasive species, creation of bare patches and rabbit control. To compensate for the loss of 0.3 hectares of the neutral semi-improved grassland, management of the retained 7.4 hectares will be undertaken to improve the quality of the habitat. This would include removal of ruderal vegetation and bracken and partial removal of ragwort. A cutting regime will be introduced or grazing by cattle or sheep to encourage a range of species and age structures. Rhododendron removal from broadleaved woodland. To compensate for the loss of 2 ponds, the creation of attenuation ponds and other open water drainage features of ecological value. Epemeral ponds proposed to be created in the areas of enhanced marshy grassland habitat and bog pools into the proposed area of wet dwarf shrub heath. 1.5 hectares of new wet dwarf shrub heath to be created around Penhale lake. This would result in a very small increase in this habitat type (circa 3%) but it would take a number of years to fully establish. 4.1 hectares under the proposed solar panels to the south east of Great Treverbyn Lake. To protect areas of retained habitat, potential water and air pollution impacts to be controlled by a CEMP. To protect impact on retained trees, root protection zones will be established and a mitigation strategy is proposed to treat areas of invasive non-native species within the site including Japenese Knotweed, giant rhubarb and rhododendron.
369. The long term management of the habitats within the site is critical to ensuring that the proposal provides a net gain for biodiversity in the long term. For this reasons it is proposed that for each reserved matters (RM) application and associated different phases of the site, for the Applicant to provide full details with respect to the relevant habitats and long-term management proposals to ensure that there is no net loss of biodiversity and, in the long term, implementation of management actions to ensure biodiversity gain as a result of the development. Habitat creation works would need to be carried out as part of the same phase during which habitat loss would be experienced. The Ecological Mitigation Strategy submitted as part of the Planning Obligation can ensure this and requires a programme of monitoring for the habitats on the site to assess any changes or management actions that are required.
Impact on Species
Vascular Plants
370. 301 species of vascular plants were recorded on the application site during survey work for the previous Eco-Bos application. Cornwall Ecological Consultants in 2011 concluded that this is a high count, reflecting the diversity of habitat types present, but state that the species list includes a higher than average proportion of non native species that reflect the distributed nature of the habitats. A notable vascular plant species recorded on the site was bluebell, which is protected by the Wildlife and Countryside Act. The report concludes that the site then was of overall low value for vascular plants. It states that some habitat types, such as established wet heath and semi-improved grassland, supports a good diversity of species but few species of conservation concern.
371. No important higher plant species are recorded in the botanical survey undertaken by the Applicant in 2014. This report does state however that the site is in a state of ecological flux and ecological succession and habitat maturation will alter the botanical makeup of the site in the future.
372. An avoidance, mitigation and habitat enhancement strategy has been submitted to minimise the harm to vascular plants, which is detailed above under habitat assessment. The Ecological Mitigation Strategy required by the Planning Obligation will ensure that a suitable impact is not only minimised but the scheme also results in a net biodiversity enhancement.
Lower Plants
373. The ecological work undertaken in support of the previous Eco Bos application identified Western Rustwort on the current application site. Western Rustwort is a globally rare liverwort known only from Portugal, Macaronesia and Cornwall. Dr Des Callaghan (2014) confirms that most of the British populations occurs within the St Austell clay region, where it is an early colonist if granite rocks and boulders exposed by quarrying activity. He also states that within stable environments the Western Rustwort is soon out-competed by other plants as vegetation succession proceeds. Western Rustwort is categorised in the UK within the national Red List as ‘Vulnerable’ and is a Priority for Biodiversity Conservation in England under the Natural Environment and Rural Communities Act. It is also specifically protected by the Wildlife and Countryside Act and the European Habitats Directive. Due to its rarity and distribution, the Western Rustwort on the application site is of high conservation value.
374. An individual bryophyte survey was undertaken by the Applicant in 2014 which identifies a large population of Western Rustwort on the site. It states that this is the largest population of the plant that has been documented in Britain or elsewhere. The report notes that the population at Penhale Pit is of particular value but includes the caveat that much of the St Austell china clay region has not been surveyed for this species in similar detail and therefore the distribution of other large species is not known. The same survey also identifies Pholia Filum on the site, with a ‘strong population’ scattered around the northern end of Penhale Pit and the moss Schistidium Robustum was found on a lump on waster concrete at the southern end of the site. Pholia Filum does not have any special legal protection and the survey confirms that Schistidium Robustum does not have significant conservation interest.
375. The 2014 survey report concluded by highlighting that Western Rustwort is critically dependant on periodic and large scale disturbance in order to ensure a continued supply of bare substrates for colonisation. As quarrying activity had been discontinued in the area it was considered that, without further large scale disturbance, the Western Rustwort would gradually decline to local extinction due to ecological succession of habitats to woodland.
376. Further assessment of the Baal Pit SAC Unit was undertaken in May 2016 when 7 colonies of Western Rustwort were found. In terms of abundance, there has been a large decline of the species in Baal Pit SAC Unit; a total of 917 square cm was estimated in 2011 compared to 238 square centimetres in 2016. The report confirms that a continued decline in the Western Rustwort can safely be assumed as there has been no large scale re-exposure of soft rock faces in the SAC since the abandonment of quarrying activity.
377. As detailed above, this development offers the opportunity for the restoration and maintenance of habitat suitable for the Western Rustwort. Conditions can ensure that the application results with a positive impact to its ongoing retention.
Badgers
378. The Badger survey identified a disused badger sett on-site to the north west of Ruddle Lake. Other evidence of badger activity was identified on-site, including digging/foraging, mammal tracks and a live badger. No evidence of active setts was recorded. 379. To compensate for the loss of foraging and commuting habitat, new hedgerows and other areas of new planting will be planted with native species of local provenance that will be of value to the badgers. Rhododendron will be removed across the site to the benefit of the badger and during obstruction direct illumination of foraging areas and mammal paths will be avoided. To ensure that, where possible, any impacts on badger setts are avoided, an updated badger is proposed to be completed prior to commencement of each phase. Should any setts be identified the scheme should be designed to require no construction activities within 30-50m (depending on the activities proposed). If retention of an active sett is not possible, a detailed mitigated strategy will be required to be submitted and approved as would a badger license application to NE. The Ecological Mitigation in the Planning Obligation can ensure this.
Bats
380. There are 11 records of bat species within a 2km radius of the survey provided by the Environmental Records Centre for Cornwall and the Isles of Scilly (ERCCIS). No nature conservation sites designated for bat roosts are identified within 10km of the study area.
381. In terms of bat roosts on-site, the survey work found a greater horseshoe and lesser horseshoe roost in the Penhale Farm Larger Barn; a lesser horseshoe mating roost, a common pipistrelle mating roost and a brown long-eared roost at Sandtor; a common pipistrelle roost at Sunnyside; a noctule day roost on a telegraph pole; a brown long-eared roost on the stone barn associated with North Carluddon Farm; and a lesser horseshoe day roost in a dilapidated building.
382. The surveys identified 5 species of bat using the site for foraging and commuting purposes, being the common pipistrelle, noctule, greater horseshow, lesser horseshoe and the brown long-eared bat. Common pipistrelle was the most frequently observed foraging species. A review of the bat activity surveys carried out on the site since 2009 identifies a total of 13 species of bat using the site for commuting and foraging. These comprised of the common pipistrelle, soprano pipistrelle, nathusius’ pipistrelle, whiskered/Brandt’s bat, Daubenton’s bat, Natterer’s Bat, noctule, Leisler’s bat, serotine, brown long-eared bat, Barbestelle bat, lesser horseshoe and greater horseshoe. Low to high numbers of each species were recorded.
383. Due to the nature of this outline planning application, it is not yet known whether the buildings which have been identified as containing bat roosts will be lost as a result of development on the site. The identified bat roosts are located within parts of the site which are shown as being mixed use and residential use areas and the survey confirms that opportunities may therefore exist to retain the bat roosts in situ. The survey also confirms however that change to the land surrounding the roost may result however in indirect loss of the bat roost if bats decide to no long use the roost, particularly the more sensitive species such as greater and lesser horseshoe bats.
384. No bat roosts were identified within any of the trees on this site and the survey work confirms that the suitability of the trees on site to support bat roosts is low. This could change however between the time of the survey work undertaken for this application and the actual delivery of the proposed different phases. Should bats colonise any trees in the future there is the potential for direct or indirect impacts on any roosts in trees.
385. If it is not possible to avoid loss of any bat roosts, either by direct or indirect loss, it is proposed that alternative bat roosting locations will be provided within the site. It is proposed that full details of the bat features would be provided with each relevant phase of the development and such would be targeted towards features used by those species of bat for which the roost feature would be lost. The applicant advises that these features are likely to include bat barns, telegraph poles designed to provide noctule roosting features and a bat boat house. This mitigation strategy can be secured by the Ecological Mitigation Strategy in the Planning Obligation.
386. To compensate for the loss of habitat which is currently used for bats for foraging, new greenspace areas with suitable habitat is proposed to ensure that these areas can be used by bats in the long-term. Enhancement is also proposed and this consists of new roosting features in 10% of the proposed buildings (this is considered enhancement because the survey findings confirm that the site currently provides limited bat roosting opportunities).
Breeding Birds
387. The ERCCIS identifies a wide range of breeding bird species within a 2km search radius of the application site including a selection of bird species listed as Species of Principal Importance in England such as the skylark, tree pipit, lesser redpoll, hen harrier, cuckoo, yellowhammer, reed bunting, grasshopper warbler, spotted flycatcher, curlew, ring ouzeland and lapwing. Numerous species listed on the Cornwall Red Data Book were also identified including pochard, little egret and the lesser spotted woodpecker.
388. Bird surveys undertaken on the site in 2010 and 2011 identified a total of 68 species of which 46/47 showed signs of occupying breeding territories. The 2011 report concluded that the site was of overall medium importance for breeding birds. The survey undertaken as part of the current application (in 2015) identified 60 bird species of which 38 were identified as having bred on site or probably/possibly did so. Breeding birds identified with a conservation status included the bullfinch, common cuckoo, dunnock, green woodpecker, house sparrow, linnet, little grebe, mallard, meadow pipit, reed bunting, song thrush, skylark, willow warbler and the yellowhammer. The survey confirms that no significant populations of rare breeding birds were recorded; many of the species recorded are common generalist species occupying a broad range of habitats; and overall, the species recorded were fairly typical of a large mixed habitat site within Cornwall during the breeding season.
389. Nightjars were recorded on-site in 2010 and 2014 but were not identified in the 2015 survey. Given the previous sightings, the specific effects of the proposed development on this species is also a consideration.
390. NE has requested the applicant to give specific consideration to Willow Tits. The survey confirms that extensive searches were undertaken on the site for this species in 2014 and 2015 but no evidence was found to confirm the presence of breeding Willow Tit. Although it is concluded that the species is not currently on- site, the survey also confirms that the proposed loss of 3.8 hectares of the Carbis Moor CWS may result in a reduction in the overall carrying capacity of adjoining land on the Carbis Moor CWS for Willow Tit populations.
391. During construction, the loss of buildings and extension areas of scrub and other vegetation would result in a loss of habitat used by breeding birds and could result in the killing or injury of breeding birds. There will be 2 main impacts on breeding bird species during the actual use of the proposal. The first is from the changes in the suitability of habitats to support breeding birds and the second is from disturbance caused by ongoing human use of the site.
392. In terms of avoiding impacts to breeding birds, the majority of habitat most likely to be used for nightjars for nesting, such as heathland areas and acid grassland areas, will be retained as would extensive areas of habitat which can be used by other breeding birds such as broad-leaved and plantation woodland, wet willow and dry scrubs, dry dwarf shrub heath, marshy grassland, open water and grasslands. To ensure that Willow Tits can continue to use the retained wet scrub habitats this area is proposed to be managed in accordance with best practice guidance from the RSPB study. Invasive species would be removed from habitats suitable for nightjar breeding and mechanisms are proposed to mitigate impact to the nightjar from the proposed use of the site such as a management plan to divert people and dogs away from sensitive areas. The proposal also includes enhancement measures such as managing the entire site in accordance with a Landscape and Ecology Management Plan, at least 10% of all new buildings to contain bird nesting features, and bird and nest boxes throughout the site. The proposed mitigation and enhancement measure are recommended to be required by the Ecological Mitigation Strategy.
Wintering Birds
393. The winter bird surveys undertaken by the applicant in 2014 and 2015 recorded 53 species using the application site. Of these 7 were listed as Priority Species, being the Bullfinch, Dunnock, House Sparrow, Linnet, Skylark, Starling and Yellowhammer; 10 were listed as Priority Species in the Cornwall Biodiversity Action Plan, being Bullfinch, Dunnock, Herring Gull, House Sparrow, Linnet, Reed Bunting, Song Thrush, Starling, Skylark and Yellowhammer; 8 species were identified on a site as Red Listed by the Royal Society for the Protection of Birds, being Herring Gull, House Sparrow, Linnet, Redwing, Song Thrush, Starling and Yellowhammer; and 18 species are Amber Listed by the Royal Society for the Protection of Birds being the Black-Headed Gull, Bullfinch, Common Snipe, Dunnock, Green Woodpecker, Grey Wagtail, Jack Snipe, Kestrel, Little Grebe, Mallard, Meadow Pipit, Mistle Thrush, Redshank, Reed Bunting, Stock Dove, Teal, Tufted Duck and Woodcock. The survey states that overall the site is of low sensitivity for its wintering bird population and medium sensitivity for its population of Common Snipe.
394. The main impacts of the proposal on wintering birds is, again, loss of habitat and disturbance from residents and users of the site including from walkers, dogs and cat predation. The site currently has minimal human interference and therefore the bird species using it may not be used to disturbance.
395. The proposal avoids some impact to wintering birds by retaining key features which are known to be used for wintering species. This includes retention of broadleaved woodland, scrub and plantation woodland areas on the southern part of the site; retention of hedgerows or adequate replacement (as set out above); retained sections of the Carbis CWS; the Penhale and Great Treverbyn Lakes are both retained as are marshy habitats around the lakes. A Management Plan is proposed to ensure that minimal disturbance occurs to species around the water habitats. Mitigation is proposed by creating additional waterbodies (to be used as part of the drainage strategy) and by extending the marshy grassland areas on the south east corner of the site in a manner to provide long term habitat for wading birds to utilise during the winter. In addition, the disturbance of wintering bird populations can be mitigated through the use of footpaths, tracks, hedges and fence lines to channel walkers to less sensitive areas on the site and signage and education can be used to prevent dogs being let off leads.
396. It is also proposed that the habitats are managed in the long-term, in accordance with the Ecological Mitigation Strategy, to be approved in the Planning Obligation, to ensure that bird waders can utilise habitat during winter months. This can be expected to result in habitat enhancement.
Reptiles
397. The ERCCIS identified 31 records of reptiles within a 2km search radius of the application site including the grass snake, adder, slow-worm and common lizard. Surveys undertaken in 2010 and 2012 recorded common lizards, slow worm and grass snake. The survey undertaken for the current application recorded low numbers of slow worm, grass snake and common lizard.
398. The application would impact upon reptiles by building on land which currently contains low populations of the identified species. The survey confirms that, in the absence of mitigation, this could result in the loss of the entire reptile population recorded at the site. Activities such as regular close mowing of the habitats in which reptile populations have been recorded could also adversely impact on the suitability of the habitats for reptiles in the long term and as could predation from domestic cats and dogs.
399. A reptile mitigation proposal has been submitted to ensure no loss of favourable conservation status of the common lizard, slow worm and grass snake populations. The strategy states that if translocation works are carried out then viable populations of reptiles would be translocated during each phase to ensure maintenance of the on-site populations. To ensure this it is proposed that a programme of habitat manipulation and trapping and translocation is implemented prior to commencement of development. This is important to ensure that the small populations present are retained in a viable location in the long term.
400. Enhancement is also proposed by long term habitat management which could establish areas where public access is controlled in order to minimise predation impacts and to provide enhancement of the habitat features for reptiles through the creation of permanent reptile refugia. This is required in the Mitigation Strategy.
Terrestrial Invertebrates
401. The ERCCIS identified records of the marsh fritillary butterfly within a 2km search radius of the application site and records of fifty moth and butterfly species listed as Species of Principal Importance in England were identified such as the Ear Moth, Small Heath Butterfly and the Dusky Brocade Moth.
402. An invertebrate survey was undertaken in 2010 when 2 individual scarce Blue Tailed Damselflies were recorded; no Hornet Robberfly was recorded but the report notes that the site provides suitable habitat; the Marsh Fritillary was not recorded and neither was the food plant for this species; the Small Pearl-Bordered Fritillary and the Clearwing Moth species were also not recorded but suitable habitat was. The survey recorded 7 species of national significance and 4 species of local significance and a further 14 species were recorded that are listed in the UKBAP as having undergone ’significant and widespread decline in Britain’. The report concludes that the site is of medium value for invertebrates, based on the diversity and quality of habitat and the confirmed presence of at least 7 nationally important species. During the field surveys completed by the applicant in 2014 it was confirmed that the habitats within the site have not significantly altered since 2010 and therefore the terrestrial assemblage at the site is similar to that previously recorded.
403. The application would impact upon terrestrial invertebrate populations by removing some of its suitable habitat and potentially by inappropriate habitat management such as use of pesticides. The survey confirms however that the areas where the majority of the invertebrates were recorded will be retained as part of the greenspace on the site. At each phase of development it is proposed to carry out detailed design works to ensure that as much existing habitat is retained as possible. Long-term management regimes can also reduce the use of pesticides.
404. The proposed habitat replacement and creation, as detailed above under ‘Habitat Assessment’, would ensure that that an appropriate mx of habitats is retained within the site which could be used by a wide variety of invertebrate species. This would include utilising some of the wetland features associated with the proposed SUDS as habitat for the Scare Blue-Tailed damselfly. Enhancement is again proposed by providing habitat opportunities for identified species to colonise in the future. It is recommended that the proposed mitigation and enhancement is required by the Mitigation Strategy.
Dormice
405. No evidence of dormice using the site was found during the survey work for this application or the previous application. The survey submitted with the current application confirms however that dormice have the potential to colonise the site in the future and in order to provide appropriate habitats (which could be utilised by dormice in the future) the proposal includes suitable woody species and habitat links. This is again conditioned by the Mitigation Strategy. Otters
406. No evidence of otters was noted during survey work on the land in 2009, 2010 or 2012 (associated with previous applications) and the associated reports did not identify habitat suitable for otters.
407. During the processing of this application the Environment Agency has requested that further consideration be given to the potential presence of otters. The applicant subsequently undertook an otter survey in 2016 and this did not record any evidence of otters within or immediately surrounding the application site.
Derogation Tests
408. The EU Habitats Directive requires a derogation test to be undertaken for this application as the proposal includes the disturbance to bats and Western Rustwort. The tests are undertaken and met as follows:
Reasons for Overriding Public Interest
409. There are a number of benefits that the proposal would generate for local communities and the surrounding area. These include substantial economic development benefit, the provision of a significant number of homes in an area of need, a new school, improved surface water control, improvements to the local pedestrian and cycle network, new areas for public open space and improvements to the public transport servicing the area.
No Satisfactory Alternative
410. This development is allocated in the CLP, the application site is in the Site Allocations DPD and the EIA provides robust evidence to demonstrate that development is sustainable on the submitted location. The application site is, therefore, the most appropriate land parcel to deliver the community benefits associated with the proposal. There is no evidenced alternative.
Maintaining a Favourable Conservation Status
411. Subject to consideration of comments from NE and PB, a Favourable Conservation Status will be maintained within the local bat and Western Rustwort populations; as evidenced above.
Conclusion on Ecological Assessment
412. Subject to the incorporation of ecological mitigation, compensation, enhancement, and management in line with the recommendations of the submitted Environmental Statement shadow HRA Assessment, protected species and survey reports and consideration of feedback from PB and NE, it is considered that the impact upon ecology is low. The Planning Obligation is recommended to ensure that the proposed ecological mitigation measures are undertaken.
Residential Amenity 413. Numerous residential properties are in close proximity to the application site, with some adjoining including the dwellings along the old section of the A391 road between Penwithick and Scredda; the dwellings opposite the north-west corner of the site, on Singlerose Road; the dwellings directly off the B3274 to the immediate west of the site, including Higher Ruddle Farm; and the dwellings next to the southern end of the site in Scredda.
Noise and Vibration
414. Noise and vibration generated in association with the proposal have the potential to adversely impact upon the amenities of the nearby residential environments. This includes noise and vibration due to construction works; noise from fixed plant at noise sensitive receptors; noise due to road traffic generated at existing noise sensitive receptors adjacent to the local road network; road traffic noise at noise sensitive land uses within the site; and noise from commercial activities, such as Carluddon Technology Park and the St Austell Business Park) at proposed buildings within the site. Policy 13 of the CLP requires adverse impacts associated with noise and vibration to be avoided or mitigated.
415. In order to safeguard against excessive impact from noise or vibration during the construction phase, recommended Condition 7 requires a Construction Environmental Management Plan to be submitted and approved by the LPA prior to commencement. The CEMP will set out the detailed proposal associated with a reserved matters development phase and bespoke mitigation measures.
416. It is also at the reserved matters stage when the exact locations and nature of commercial noise sources are known and its relationship to receptors. Solutions would need to be found at the reserved matters stage to address this issue if it occurs, such as, for example, the design of commercial buildings not including openings or loading bays orientated towards neighbouring properties. This applies equally to the potential for road traffic noise at proposed dwellings in that the exact details will become apparent at the reserved matters stage and design solutions, such as building set-backs from roads or acoustic fences, would be required to mitigate potential impacts.
417. The ES identifies a requirement to mitigate the effects of road traffic noise at the proposed school by utilising noise barriers or bunds (or combination of both) to ensure that the playing fields are not subject to unacceptable noise impact. The layout of the school building may also need to be optimised to reduce the propagation of road noise on playing fields. This will need to be demonstrated at reserved matters stage; an informative is recommended to advise the applicant of this.
418. The CC Environmental Protection Officer raises no objection to this application, subject to a condition requiring a CEMP. The CEMP is sought by Recommended Condition 17.
Air Pollution 419. The site is not within an Air Quality Management Area (AQMA) but is circa 7m to the north of the St Austell AQMA. The St Austell AQMA was declared in March 2014 due to exceedances of the annual mean and hourly UK objectives for nitrogen dioxide (NO2). This AQMA encompasses the main urban area of St Austell; it is bounded to the east by the A3914, Bodmin Road (B3274) to the north east where it meets the A391, the railway line to the north-west and Edgecumbe Green and Chipponds Drive to the west.
420. The proposal will have an adverse impact on air quality, including to the St Austell AQMA, by creating dust at its construction phase and by introducing more cars and associated emissions onto the local road network. This could lead to adverse impacts to human health and the natural environment. A report detailing the likely impact of the proposal on air quality has been submitted by the applicant and this assesses the impact on the residential settlements of Stenalees and Bugle to the north of the site along with the A391 corridor; residential properties along Holmbush Road; residential properties along Slades Road/Treverbyn Road through St Austell; residential properties along the A391 to the east of St Austell; and locations of future development on site, close to the A391. The Council’s Environmental Protection Officer summarises and provides commentary on the assessment at paragraph 118 above.
421. The findings of the assessment indicate a slight to moderate adverse impact on all receptor locations on Holmbush Road in 2021 and a slight adverse impact by 2030. Menear Road, St Austell and Stannary Road, Stenalees are predicted to experience a slight adverse impact in 2021 and this remains in 2030 for Stannary Road.
422. The application includes mitigation measures for the control of dust emissions at the construction phase and these are supported by the Council’s Environmental Protection Officer. Proposed condition 16 requires a Dust Management Plan and a Construction Environmental Management Plan are recommended in order to temper the impact of dust during construction. The detailed mitigation measures for both Plans would need to submitted and approved by Cornwall Council prior to works commencing for each phase.
423. The Planning Obligation requires a Sustainable Travel Plan to be submitted and approved prior to occupation of any of the proposed buildings. The applicant would be required in turn to use the approved Plan to educate the future residents of the travel options available other than the private car such as cycling, walking and public transport. A robust Travel Plan will help to reduce the amount of new cars on the local road network to the benefit of air quality.
424. As set out in paragraph 53, the applicant is also offering a financial contribution towards implementation of the Clean Air for Cornwall Strategy, including the St Austell Air Quality Action Plan. This contribution would be used to help deliver project(s) in the Action Plan and accordingly provide direct mitigation for the development. The Council’s Environmental Protection Officer has confirmed that this contribution is fairly and reasonably related in scale to the development and that the tariff itself is consistent with other applications. It is inevitable that growth in the St Austell CNA at the scale required by the CLP will have an adverse impact on air quality. When comparing to other potential sites for growth, however, the impact to air quality from this scheme is unlikely to be worse and could be better due to the eco credentials of the application, including improving public transport, electric charge points for bikes and cars, cycle hire facilities and a high rate of internalisation for vehicle trips.
425. The air quality impact to the natural environment, including the St Austell Clay Pits SAC, is addressed in the Ecological Assessment of this report.
Lighting and other Impacts
425. The impact of lights on this application site to neighbouring residential properties would need to be examined at reserved matters stage as this assessment requires an analysis of the bespoke relationship between proposed lights and residential receptors.
426. Evidence will also need to be submitted and approved at reserved matters to demonstrate acceptable relationships between the proposed built forms and the neighbouring properties. This would enable informed assessment on such matters as overlooking and overbearing impacts.
427. The impact of any proposed cycle and/or pedestrians routes to the amenities of nearby residential properties also needs to be examined at reserved matters stage.
Land Contamination
428. To accord with paragraph 120 of the NPPF and, in accordance with the advice and justification from the CC Public Health and Protection Officer at paragraph 118 above, a condition could be imposed to ensure the risks from land contamination to the future users of the land and the neighbouring land is minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Safe Environments
429. The comment from the Police Liaison Architectural Officer should be noted and the Principles of Secured by Design will need to be taken into account at reserved matters stage.
Conclusion on Residential Amenity
430. Conditions and the Planning Obligation can ensure that the noise, vibration and air quality impacts area appropriately mitigated.
Other Matters of Consideration
Agricultural Land
431. Policy 21(d) of the CLP states that encouragement will be given to sustainably located proposals that take into account the economic and other benefits (including food production) of Grade 1, 2 and 3a agricultural land. It confirms that where significant development of agricultural land is considered necessary, poor quality land should be sued in preference to that of higher quality. Paragraph 112 of the NPPF requires planning authorities to take into account the economic and other benefits of the best and most versatile agricultural land. The NPPF defines best and most versatile agricultural land as ‘land in grades 1, 2 and 3a of the Agricultural Land Classification’.
432. The applicant has submitted a bespoke site investigation which confirms that the application will result with an overall loss of 12.58 hectares of agricultural land. This would comprise of 3 hectares of Grade 3a land, 1.73 hectares of Grade 3b and 7.85 hectares of Grade 4. The remainder of the site, some 203 hectares, is classified as Non –Agricultural land. 4.73 hectares of the site is best and most versatile agricultural land.
433. With regard to the actual practicalities for undertaking agricultural use on the site, the report finds that pasture is the only practical use for the Grades 3b and 4 land due to poor fertility and areas of shallow top soil precluding deep cultivations required for arable rotations. It states that the 3a land would allow arable cultivation but yields would be affected by restricted fertility and due to the small field enclosures arable cropping may be deemed uneconomic. A further constraint is that the Grade 3 land would be susceptible to water logging during the winter. The report concludes by stating that ‘it is highly unlikely that the site would generate sufficient turnover and profit to exist as a stand-alone unit, and therefore its value is as complementary areas for a larger farm units and that the loss of production from this site is judged to have a limited effect on the local agricultural economy, employment and the future viability of the existing farm units’.
434. The loss of agricultural land is a negative aspect of this application but the actual harm is constrained due to the limited extent of loss of MVA land and the bespoke constraints of actually using the MVA land for agricultural use. Given that the majority of this site is not agricultural land however, this application provides an opportunity to deliver significant growth in the St Austell Community Network Area without highly comprising agricultural land. This is a benefit because it helps to protect the need for urban extensions onto greenfield land to deliver housing targets.
Minerals
426. The site falls within the St Austell China Clay mineral consultation area and the proposal is, therefore, required to be considered against saved policy S1 of the Cornwall Minerals Local Plan. Policy S1 states that development shall not be permitted where development will sterilise minerals unless the minerals are recovered before development commences; there is an overriding need for the development and prior extraction or tipping cannot be undertaken; or extraction of the relevant mineral reserve is impracticable. Policy 18 of the CLP requires important mineral resources and reserves be safeguarded from sterilisation by other forms of incompatible development. 427. As set out by the Council’s Minerals Team at paragraph 116 above, an independent study of the mineral resources/reserves confirms that the application site does not have a reasonable prospect for eventual economic extraction and therefore mineral resources are not present under the European code for reporting minerals (PERC). The report set out examples of the economic constraint, by noting that:
428. ‘The pits, now filled with residue from the process plants, do not appear to represent an economically viable sources of china clay due to the fact that this is of much lower quality than the material currently being mined and is required to meet the specification required. In addition, the historical pits now backfilled in the western area of application site have effectively sterilised the in-situ material beneath them given the prohibitively high cost to remove this material, to access any residual in situ ore Furthermore, the quality of the ore in the western area of the application site is low and would likely not meet the feed grader requirements for current product specifications, with the exception of around Ninestones pits, however, the scoping study inclusive of an economic valuation has demonstrated that it is not economically viable to extract this’.
429. The applicant states:
430. ‘The redundant industrial area that is predominantly bounded by the red line comprises mainly of surface tips and back filled pits over which four raised mica dam impounds have been built. The backfill and impounded material are predominantly comprised of partially consolidated micaceous residue from historical mining. As a consequence there are no pits in the area which could be easily re- opened from either a practical or an economic standpoint and, of the four backfilled pits, two have been now consented for the development for solar farms which gives an indication of the likelihood of mineral extraction ever re-commencing. Imerys' geology department has a programme of on-going surveying of its land holdings to determine its reserves and resources and can reconfirm that, irrespective of the price of china clay in the market, there are no deposits within the area under consideration which could justify the massive investment required for further exploration and exploitation.’
431. On this basis it is not currently envisaged that there would be future proposals to operate the site for china clay extraction purposes, the Council’s Mineral Waste Team have concluded that there is no conflict with Policy S1 and accordingly raise no objection the application. This is in accordance with Policy S1(c) and there is good logic to this conclusion.
432. Circumstances to amend this conclusion could occur however, such as if the market adjusts over time and the viability of extracting mineral resource improves. There is no evidence to confirm this will occur; in fact the applicant advises that the market prices for paper filler clays (which would be the type of product from this site) have fallen by about 25% between 2011 and 2014. However, given that mineral resource is still present on the site, markets could change for the better in the unforeseeable future and this application would sterilize the site from mineral extraction, the proposal does adversely impact on mineral deposits. This harm is limited because it is underpinned by unforeseen market change. 433. To ensure no conflict between the proposed and existing use on this site, it is recommended that the Planning Obligation revokes the extant mineral planning permission.
Section 106 Planning Obligation
434. The majority of the proposed Section 106 Planning Obligation meets the requirement of the Community Infrastructure Levy Regulations tests. The offer towards Affordable Homes, Transport and Movement, Education, Community and Health Facilities, Employment, Green Infrastructure, including safeguarding the Sky Tip and other historic areas on the site; and ecological mitigation are all necessary to make the development acceptable in planning terms, are directly related to the development and are fairly and reasonably related in scale and kind to the development. The use of local labour and funding the Green Infrastructure by solar are not CIL compliant. The reasons for this are set out in the body of the report.
Other Issues
Environmental Statement
435. The Environmental Statement (ES) accompanying this application in its current final form provides an adequate assessment of the range of the relevant planning issues. The final ES has been subject to 1 addendum under Regulation 22 of the Town and County Planning (Environmental Planning Assessment) Regulations 2011.
436. The Addendum was submitted by the applicant in February 2017 to address comments received at a public exhibition held in March 2016. The additional information relates to the re-arrangement of the mixed, residential and education uses within and surrounding the proposed primary local centre; the removal of built development within the Carbis Moor County Wildlife Site to the north of Carbis Road; a reduction in the number of dwellings in the EIA proposals from 1836 to 1500; and a response to the comments received during the determination period in relation to traffic and transport. The ES Addendum is considered to have successfully updated the previously submitted ES in relation to both the amended quantum of development and revisions to the parameter plans.
Balance of Considerations
437. The West Carclaze/Baal Eco-Community is an allocated site for development in the Cornwall Local Plan; the specification for which is defined in greater detail in the emerging Cornwall Site Allocations Development Plan Document. The purpose of this allocation is to provide transformational development by redeveloping post industrial land at West Carclaze/Baal to deliver, in line with corporate Cornwall Council priorities, housing, including much needed affordable housing, employment opportunities and associated infrastructure that will be of benefit to both the new and surrounding communities.
438. This application complies with the CLP and emerging Site Allocations DPD definition of West Carclaze/Baal Eco-Community and, therefore, establishes a platform to deliver the associated benefits. The benefits are substantial and in keeping with the rationale underpinning the allocation because a high housing need remains in this area and the development itself can realistically be expected to deliver significant economic development and an opportunity for exemplar development to showcase sustainable low carbon living.
439. The application is the start of a process to proactively manage patterns of growth to support the aims and objectives of the CLP and, in tandem, to focus significant development in a location which can be made sustainable. The mix of uses at the scale proposed could create a community with the necessary infrastructure to provide a good proportion of the basic services and facilities required for its future residents whilst also providing a range of sustainable modes of travel for residents to access the more extensive range of services and facilities at St Austell. The proposal would result in an environmental gain in terms of biodiversity and sustainable water management control and is an opportunity to deliver significant growth in the St Austell Community Network Area without highly comprising agricultural land.
440. The proposal will also result in adverse impacts to the environment. Its built form and land uses will introduce a negative impact to landscape values associated with the industrial heritage of the existing site and to nearby heritage assets. It will also impact upon the biodiversity of the site, including European Protected Species, and remove any future opportunity of processing china clay from the site. The vehicle trips it will introduce onto the local highways network will place pressure on some existing road junctions and generate additional air pollution.
441. The actual extent of harm to result from this application is tempered significantly, however, by existing and proposed mitigation. Landscape impact for example is reduced by the low sensitivity of a receiving landscape which has been created from previous degradation by mineral extractions; the retention of existing on-site features such as the Great Treverbyn Tip; and by the creation of new managed landscape areas for habitat enhancement. The impact of the proposal on the setting of nearby heritage items is less than substantial due to landform screening the proposal. Ecological mitigation, compensation and enhancement can ensure a net gain in biodiversity. Evidence has been submitted to demonstrate that it is not viable in the current market to extract minerals from the site and the application provides contributions to upgrade local road junctions and for measures to reduce air pollution.
442. It is advised that the merits of this application outweigh the harm. This proposal is in accordance with an allocation in an up to date Local Plan and its approval would be a genuine plan led decision. The application promotes mixed use development, creating substantial public benefit and so encourages multiple benefits from the proposed change of use of the land whilst retaining undeveloped spaces for recreation, habitat enhancement and flood risk mitigation.
443. Approval is recommended subject to the safeguards set out in the conditions and the mitigation that will need to be secured by a Planning Obligation.
Conclusion: 444. This application is recommended for approval because it is in accordance with an allocation in an up to date Local Plan and granting permission would be a genuine plan led decision. The application promotes mixed use development, creating substantial public benefit and so encourages multiple benefits from the proposed change of use of the land whilst retaining undeveloped spaces for recreation, habitat enhancement and flood risk mitigation. Safeguards and mitigation to the environment are set out in the proposed conditions and the Planning Obligation.
Recommendation:
That delegated authority is given to the Service Director - Planning and Sustainable Development to approve Application Number PA14/12186 subject to:
A. No objection received from Natural England B. The completion of a Section 106 Agreement and/or section 278 Agreement as appropriate to secure measures relating to phasing, Affordable Homes, Transport and Movement, Education, Community and Health Facilities, Employment, Community and Health Facilities, Green Infrastructure, including safeguarding the Sky Tip and other historic areas on the site; ecological mitigation; and revocation of extant mineral planning permission. C. The following conditions, or similar conditions, to be agreed with the Service Director – Assurance in consultation with the Chairman and Vice Chairman of the Strategic Planning Committee and Divisional Members.
Recommended Conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission or before the expiration of two years from the date of the approval of the last reserved matters for development in the outline planning permission area whichever is the later.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2. Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and provision of the Town and Country Planning (Development Management Procedure)(England) Order 2015.
3. Development shall not commence within the site subject of the outline planning permission until details of the layout, scale, appearance, means of access and landscaping (‘the reserved matters’) have been submitted to and approved in writing by the Local Planning Authority. No development shall be carried out otherwise than in strict accordance with the approved details. Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and provision of the Town and Country Planning (Development Management Procedure)(England) Order 2015.
4. The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans referred to in Consideration of this Application".
Reason: For the avoidance of doubt and in the interests of proper planning.
5. A) No demolition/development shall take place/commence in any phase until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions, and:
1. The programme and methodology of site investigation and recording, 2. The programme for post investigation assessment, 3. Provision to be made for analysis of the site investigation and recording, 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation, 5. Provision to be made for archive deposition of the analysis and records of the site investigation, and 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).
C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
D) The archaeological recording condition will normally only be discharged when all elements of the WSI including on site works, analysis, report, publication (where applicable) and archive work has been completed.
Reason: To ensure that archaeological recording of buried and upstanding archaeological features are undertaken in accordance with advice contained above in this condition, to accord with Policy 24 of the Cornwall Local Plan and guidance contained in Part 12 of the National Planning Policy Framework.
6. Unless otherwise agreed by the Local Planning Authority, no phase of the development hereby permitted shall commence until development other than that required to be carried out as part of an approved scheme of remediation must not commence until criteria 1 to 3 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until criteria 4 has been complied with in relation to that contamination.
Criteria 1: Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval, in writing, of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval, in writing, of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:
• human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
Criteria 2: Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment (including controlled waters) must be prepared, and approved in writing, by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
Criteria 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
Criteria 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of criteria 1, and where remediation is necessary, a remediation scheme must be prepared in accordance with the requirements of criteria 2, which is subject to the approval, in writing, of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with criteria 3.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the aims and intentions of the National Planning Policy Framework 2012 with specific reference to paragraphs 109 and 120.
7. Demolition or construction works shall not take place outside hours of 08.00 to 18.00 Mondays to Fridays and 08.00 to 13.00 on Saturdays or at any time on Sundays or Public/Bank Holidays.
Reason: To protect the amenities of local residents and in accordance with Policy 13 of the Cornwall Local Plan and paragraph 17 of the National Planning Policy Framework.
8. No phase of the development hereby permitted shall commence until a Construction Traffic Management Plan and programme of works has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include construction vehicle details (number, size and type), vehicular routes, delivery hours and contractors’ arrangements, details of pedestrian routes during construction times. (Compound, storage, parking, turning, surfacing, drainage and wheel wash facilities). The development shall be carried out strictly in accordance with the approved Construction Traffic Management Plan unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of maintaining a safe and efficient highway network in accordance with paragraph 35 of the National Planning Policy Framework 2012
9. No phase of the development hereby permitted shall commence until details outlining the disposal of foul water for that phase have been submitted to and approved in writing by the Local Planning Authority. No dwelling in that phase of development shall be occupied and there shall be no discharge to the public foul sewerage network until the approved method to dispose of foul water has been implemented in full. The implemented method to dispose of foul water shall be retained thereafter.
Reason: To ensure satisfactory provision of foul water disposal in the interests of safeguarding the environment in accordance with Policy 13 of the Cornwall Local Plan and paragraph 17 of the NPPF.
Note: The applicant should submit an application to the relevant Sewerage Undertaker for a public foul sewer requisition under s98 of the Water Industry Act 1991, which shall include the provision of public sewerage improvement works identified as necessary.
10. Any reserved matters planning application for the development hereby approved shall be supported by sufficient level of information which demonstrates the surface water drainage scheme, including overland exceedance flow routes for that area of the development, is in accordance with the surface water drainage strategy ref. KU106202-CIV-RPT-001 / B approved at the outline planning stage. The scheme shall be implemented as approved.
Reason: To ensure that the surface water drainage scheme is adequate to serve the proposed development and not compromise the delivery of the surface water drainage strategy in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
11. Prior to the commencement of each phase of development, a scheme to dispose of surface water run-off during the construction of that phase shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved unless otherwise agreed in writing by the Local Planning Authority.
Reason: To prevent flooding by ensuring the satisfactory management of surface water from the site during construction and to prevent pollution of controlled waters in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
12. Prior to the commencement of each phase of development, details of the final surface water drainage design for that phase shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:
the final drainage scheme within the phase of the development the connecting drainage to the final attenuation feature confirmation of the attenuation feature design and volume confirmation of the discharge control rate including modification of the control to incorporate the phase a construction quality control procedure provision for overland exceedance flow routes from surface water Management of surface water flows from undeveloped areas.
Prior to occupation of the first unit within the development cell it shall be demonstrated to the satisfaction of the Local Planning Authority that relevant parts of the scheme have been completed in accordance with the details agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
Reason: To prevent the increased risk of flooding and minimise the risk of pollution of surface water by ensuring the provision of a satisfactory means of surface water control and disposal in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
13. Prior to any discharge from the development to Great Treverbyn and Penhale Lake a detailed assessment, design and construction of the outfall channel to the St Austell River shall be submitted to and approved in writing by the Local Planning Authority. Prior to commencement of built development it shall be demonstrated to the satisfaction of the Local Planning Authority that the scheme has been completed in accordance with the details agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
Reason: To prevent an increase in downstream flood risk in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
14. Prior to any discharge from the development to Norman Pit details of the assessment, design and construction of the outfall channel to the Tregrehan Stream shall be submitted to and approved in writing by the Local Planning Authority. Prior to commencement of built development it shall be demonstrated to the satisfaction of the Local Planning Authority that the scheme has been completed in accordance with the details agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
Reason: To prevent an increase in downstream flood risk in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
15. No development approved by this planning permission, shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1) A preliminary risk assessment which has identified:
all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.
2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. Reason: To protect controlled waters.
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
Reason: To protect controlled waters in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
16. No development shall take place until a detailed Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. This Plan shall include details of all permits, dust mitigation measures, contingency plans and mitigation measures that shall be put in place to control the risk of pollution to air, soil and controlled waters, protect biodiversity and avoid, minimise and manage the productions of wastes with particular attention being paid to the constraints and risks of the site. Thereafter the development shall be carried out in accordance with the approved details and any subsequent amendments shall be agreed in writing with the Local Planning Authority.
Reason: To ensure that adequate measures are put in place to avoid or manage the risk of pollution or waste production during the course of the development in accordance with the aims and intentions of Policies 13 and 26 of the Cornwall Local Plan
17. Each reserved matters application shall demonstrate how that phase of development delivers high levels of energy efficiency in the fabric of the buildings, low carbon heat via a heat network and satisfies the regulated energy requirements at that time from renewable and/or low carbon sources.
Reason: To accord with Policy 3 of the Cornwall Local Plan and in the interests of sustainable development and to promote renewable and low carbon energy resource development in accordance with Policy 14 of the Cornwall Local Plan and paragraph 17 of the NPPF. 18. Each reserved matters application shall demonstrate how that phase significantly accords with the masterplan, design code and planning parameter plans hereby approved.
Reason: To accord with Policy 3 of the Cornwall Local Plan and in the interests of creating a high quality sustainable development and to promote renewable and low carbon energy resource development in accordance with Policies 12 and 14 of the Cornwall Local Plan and paragraph 17 of the NPPF.
Informatives:
1. The design of the school hereby permitted should mitigate the effects of road traffic noise to ensure that the playing fields are not subject to unacceptable noise impact. This will be assessed in detail at the Reserved matters Stage.
2. This permission is subject to a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).
Appendix 3b – Committee Update STRATEGIC PLANNING COMMITTEE – 30 MARCH 2017
ADDENDUM
ITEM APPLICATION APPLICANT: NO: NO:
5.1 PA14/12186 Eco-Bos Development Ltd St Austell Town Council Further representation has been received from St Austell Town Council. They support the application and their comments are summarised as follows:
Members were generally supportive of the proposals and welcomed the employment, education and health facilities proposed. They were also pleased that there would be contributions towards highways improvements at Tregonissey Lane End and Sandy Hill junctions and air quality monitoring/strategies.
Members raised questions with regards to drainage, the safety of sky tip, the allocation of housing for local people, the potential for hydro energy within the development and the extent to which jobs were secured.
It was resolved to support the application subject to suitable Section 106 and Section 278 agreements being put in place to secure 30% affordable housing and self-build properties; education, employment, health and open space facilities; drainage mitigation; highways contributions to mitigate the impact on the junctions at Tregonissey and Sandy Hill and the surrounding roads; air quality monitoring and mitigation strategies.
Treverbyn Parish Council Further representation has been received from Treverbyn Parish Council. Their comments are as follows:
We would like to emphasise the thoughts of the residents of Treverbyn Parish who will feel the greatest impact of the proposed Eco-Community development. It is proven by the very volume of objectors that it is totally inappropriate to increase the Northern End of St Austell. It is felt that the site is not appropriate and the majority of this development will be built on a green field site not as claimed by the developer a brown field site.
The projected figures for the area show that currently this has the highest development within the County of Cornwall (87%) and over the past 20 years the St Austell area has constantly had the largest development figures. This together with the highest diversity of ethnic groups being situated within Treverbyn and neighbouring Rural parishes saturates all issues within our Community.
We appreciate that St Austell Town Council have been consulted on this application but are extremely concerned that they can be supportive of this major development which is wholly in Treverbyn Parish and question if there are ulterior motives for their decision.
Whilst accepting that the proposed St Austell – A30 link road will take vehicles away from the town the whole infrastructure cannot cope with the current traffic and the submitted traffic plan does not solve the issues that exist throughout all routes around the town of St Austell.
Although this is described as an outline application the developer has gone into detail on the position of the proposed school and community hub. It does not however give any written guarantees on who will provide and finance these projects. The dispersal of drainage and sewerage is of great concern and a written undertaking is needed from SW Water that will guarantee that treatment facilities to cover the whole of this development over the forthcoming years.
South West Water (SWW) SWW has advised of an error in their representation. The response from SWW in the officer report reads that ‘the public foul drainage network has capacity to support the development without causing downstream property flooding’ whereas SWW has now confirmed that the response should in fact state that ‘the public foul drainage network does not have capacity to support the development without causing downstream property flooding’
SWW continue to raise no objection to the application, subject to a condition to ensure no discharge to the public foul sewerage network until an appropriate foul drainage scheme has been agreed and installed, as required by recommended Condition 9. SWW confirm that ‘the improvements required to the public foul drainage network will be delivered by means of the developer/applicant entering into a sewer requisition which needs to be the subject of an appropriate planning condition’.
With regard to the actual delivery of infrastructure, they state:
‘SWW has been aware of this proposed development for a number of years and has undertaken a number of investigations and capacity studies to assess whether the sewerage network and sewage treatment works have the capacity to serve the development.
These studies have confirmed that the development can be supported although agreement will be required with the developer regarding the point of connection and some associated works to provide capacity within the sewerage network to support the site. These provisions will be subject to foul sewer requisition under s98 of the Water Industry Act 1991 (which shall include the provision of public sewerage improvement works identified as necessary). Making the signing of this agreement a planning condition could provide the confidence that this capacity would be provided and I would be happy to provide confirmation once this has been completed.
I can further confirm that sewage flows from this site will drain to the sewage treatment works at Luxulyan and the site can, at present, support the early build programme of the development but will , at a future period, require some additional storage capacity to be provided at the treatment works. SWW is funded through our price determination from the Industry Regulator, Ofwat, to provide capacity at our treatment facilities to meet future demand and therefore the works will be funded by the Company to ensure that the treatment facility continues to operate effectively with no environmental impact and therefore this project will remain within our future plans in order that the capacity is provided as, and when, it is required.
It is anticipated that this email will provide the confidence that these matters have been considered effectively and that both SWW and the developer are aware of our commitments in respect of this site.’
Natural England (NE) Further representation has been received from NE; they raise no objection and their comments are summarised as follows:
The Wildlife and Countryside Act 1981 (as amended) The Conservation of Habitats and Species Regulations 2010 (as amended) No objection – with conditions Internationally and nationally designated sites Natural England notes that the HRA has not been produced by your authority, but by the applicant. As competent authority, it is your responsibility to produce the HRA. We provide the advice enclosed on the assumption that your authority intends to adopt this HRA to fulfil your duty as competent authority.
European designated sites - no objection Natural England notes that your authority, as competent authority under the provisions of the Habitats Regulations, has undertaken an Appropriate Assessment of the proposal, in accordance with Regulation 61 of the Regulations. Natural England is a statutory consultee on the Appropriate Assessment stage of the Habitats Regulations Assessment process. Your appropriate assessment concludes that your authority is able to ascertain that the proposal will not result in adverse effects on the integrity of any of the sites in question. Having considered the assessment, and the measures proposed to mitigate for all identified adverse effects that could potentially occur as a result of the proposal, Natural England advises that we concur with the assessment conclusions, providing that all the mitigation measures identified within the report are appropriately secured in any permission given and delivered in full.
As stated in the shadow HRA, the draft report has investigated the potential effects of the proposed West Carclaze Eco-Community development on St Austell Clay Pits SAC, both on its own, and in combination with other projects and plans. The assessment concludes that there are potential effects on the favourable condition status of the qualifying species, western rustwort, as a result of the development.
It is recognised that conservation of this species should be carried out using a meta- population approach. The measures incorporated within the proposed development would provide opportunities for this to be realised through the implementation of avoidance, mitigation, compensation and enhancement measures, provided they are fully implemented. The delivery mechanisms for securing all such works are clearly set out in the Green Infrastructure Framework Management Plan and the Draft Section 106 Heads of Terms that accompany the planning application.
NB Recent High Court Judgement. A High Court judgment was handed down on 20 March 2017 in Wealden District Council v Secretary of State for Communities and Local Government, Lewes District Council and South Downs National Park Authority [2017] EWHC 351 (Admin) (copy attached or link when available). Wealden District Council brought a challenge against a Joint Core Strategy produced by two of its neighbouring authorities. Natural England provided advice to Lewes District Council and the South Downs National Park Authority on the assessment of air quality impact on Ashdown Forest SAC. This advice was based on nationally developed guidance agreed with other UK statutory nature conservation bodies. The court found that Natural England’s advice on the in-combination assessment of air quality impacts in this case was flawed. We are considering the details of this decision and the implications for our advice. Competent authorities should seek their own legal advice on any implications of this recent judgment for their decisions.
Parsons Brinkerhoff (ecology consultant) Representation has been received from the Council’s ecology consultant, Parsons Brinkerhoff. This is summarised as follows:
Due to the emphasis in the HRA on St. Austell Clay Pits SAC, HRA, re-screening of air quality impacts on mid-Cornwall cSAC appears to have been insufficiently addressed. Clarification is needed from the applicant.
The applicant has provided a clarification note on the significance of the ‘residual minor adverse effects’ that have been identified for the Scheme. These effects are confirmed as being not significant ecologically / not resulting in ‘significant harm’ in planning policy terms. The applicant suggests therefore that they do not require mitigation or compensation but ‘should be taken into account and acknowledged as part of the planning application’. In cases the residual effect is short-term (construction-phase) and could actually be addressed through conditioning aspects of the detailed design. Further, enhancements in the longer- term could potentially negate/offset the residual effect. However, such details are not currently provided.
Drawing out and conditioning the relevant elements of the FEMs will be important next considerations for the Scheme. In particular in relation to bats, where the detailed landscape design and lighting strategy will be crucial for maintenance of Favourable Conservation Status.
There still may be a requirement for the air quality assessment / HRA to be updated in response to a recent high court judgement: Wealden District Council v Secretary of State for Communities and Local Government, Lewes District Council and the South Downs National Park Authority and Natural England [2017] EWHC 351 (Admin) 20th March 2017. I am currently unclear of the full implications to the project. The HRA conclusion ‘no likely significant effects’ on supporting habitat (as a result of air quality) may need to change to identify the potential for increased rate of succession as a result of air quality. If this is the case, I would hope that the mitigation (manual removal of early colonising species), which has already been proposed for within the SAC can also be applied to supporting habitat to avoid an effect on the SAC. Further information is required to clarify this.
Case officer comment Further information is required to ensure robust mitigation and to determine the impact of the high court decision on this application.
Environment Agency (EA) Further representation has been received from the EA. They raise no objection and their letter is summarised as follows:
Comments with respect of surface water management, ground contamination and the protection of controlled waters remain unaltered from their response set out in paragraph 135 of the officer report.
The EA support the use of a Grampian condition for each reserved matters application to ensure adequate mains foul drainage infrastructure is in place to receive and treat foul effluent arising from the development prior to occupation of each phase.
Whilst there has been no evidence of otters found on the site, the EA consider there is a strong likelihood of otters in the suitable habitats within the area and welcome the proposed precautionary mitigation outlined the Framework Ecological Mitigation Strategy.
In order to ensure that each reserved matters application demonstrates how that application will deliver, retain and monitor the ecological mitigation relevant for that part of development, the EA recommends an Environmental Development Management Plan (EDMP). The Framework Ecological Mitigation Strategy would form the basis of the Plan and the EDMP could include plans for each phase clearly listing the amount of and showing the area of habitat and species lost for that phase and the amount and new location to be created.
Updated Section 106/278 Heads of Terms Updated Heads of Terms for the proposed Planning Obligation have been received. Key changes to the HOT’s in the officer report are summarised as follows:
Phasing The first residential phase to contain a maximum of 350 dwellings.
Education The first reserved matters application shall include the design and specification for a single form entry primary school. This school shall be built prior to occupation of the 150th dwelling.
The proposed children’s nursery to be delivered as part of the single form entry primary school.
The first reserved matters application to include also the design/specification detailing how the single form entry school can be extended into a two form entry primary school. The approved design for the two form entry school shall be built prior to occupation of the 538th dwelling.
Community and Health Facilities The first reserved matters application shall include a Community And Health Facilities Strategy detailing consultation with the relevant stakeholders, including the relevant NHS authority, the police, retail providers, pharmacy and library operators in order to establish the required quantum of provision for community and health facilities, within the site potentially comprising a pharmacy, a community centre and, if required by the relevant service, office floor space for the police service or for library facilities and retail provision. The Strategy will set out the preferred location of the facilities and a strategy for delivery of at least the community and health facility within the first residential phase. This could include the temporary early provision, such as within the primary school, in advance of permanent purpose built facilities being provided.
Land Trust The Land Trust to be responsible to manage the Green Infrastructure Management Plan shall for the site shall be in operation in full accordance with details previously agreed by CC prior to occupation of 50% of the dwellings within the first residential phase.
Transport and Movement Triggers of payment for the £4.4m for Transport and Movement have been submitted, which include payment of £1.1m prior to occupation of the 270th residential unit; a contribution of £2,700 per dwelling payed on the remaining units within the phase containing the 270th dwelling no later than occupation of every 100 additional dwellings following the occupation of the 270th dwelling; and each subsequent reserved matters application to pay a contribution of £2,700 per dwelling in that phase, payable in pro rata sums per 100 units or remaining part thereof and on the first occupation of the first residential unit in that phase.
Case officer comment on updated HOTs The submitted delivery points refine the applicant’s offer and help to further demonstrate that the services and facilities to be delivered by this application are proportionate and timely. The primary school with nursery would be built in time to cater for children from this development; the community and health facility provision allows a mechanism for the actual providers to lead on design and specification and, in turn, to help ensure appropriate business models; assurance is provided that the health facility will be provided as part of the first residential phase with a fall-back provision of temporary facilities; and green infrastructure management will be delivered at an early part of the development.
Community Network Area The officer report makes reference to this proposal being an opportunity to deliver significant growth in the St Austell Community Network Area in error. The application site is in fact within the China Clay Network Area, some 360m to the north of the St Austell CNA.
Notwithstanding this, the proposal would still make a positive contribution towards meeting the housing target in the Cornwall Local and addressing local affordable housing need. It also still provides an opportunity to deliver growth without highly compromising agricultural land.
Revocation of Mineral Permission Following further discussion with the Minerals Policy Team it has been recognised that it is not in the interests of the Council to revoke the extant mineral planning permission (CC Ref: Renewal of Old Mineral Planning Permissions (ROMP) 97/00965) as in the first instance it covers additional land other than the application site which planning permission has been implemented and revocation may not be the correct procedure in any event.
There are current submitted ROMPS applications (not yet determined) for the review of the extant permission and if revoked or dealt with by other order will remove the ability to determine the current ROMPS applications which in turn would enable a suitable restoration condition to be imposed for that part of the extant permission area which is not physically developed.
To use a s 106 Agreement to agree to an unopposed revocation of the mineral planning permission is not appropriate or within the terms of such agreement. It is understood in any event that the mineral land owner has not agreed to not oppose any order or seek compensation.
The Minerals Policy Team has requested that the last 2 paragraphs of their response (paragraph 116) are deleted and consequently the recommendation is amended to remove the need for the s 106 Agreement to include the revocation of the extant mineral planning permission.
Divisional Members and Electoral Division The officer report does not state that part of the application site is in fact within the Bugle Electoral Division and the Electoral Divisional Member in Bugle is Simon Rix CC. Third parties An additional 2 letters of support have been received. New issues raised: A Government Councillor from the Canon of Uri in Switzerland sets out how the applicant for the Eco-Community has successfully been involved with a regeneration project in Switzerland. The Cornwall Council Service Director for Economic Growth states that the proposal aligns with the Cornwall and Isles of Scilly Economic Plan (SEP) which focusses on sustainable growth through long term joined up investment in our people and places and will act as a key enabler for West Carclaze to flourish; the Eco-Community will build on other projects which will competent and enhance the scheme, including the Carluddon A391 road project, St Austell Business Park and Print Company and the Council led Carluddon Technology Park (to be opened in May 2018); the proposed quality housing, including AH, alongside the developed workspace will create vibrant communities which in turn encourages inward investment; and the development is a once in a lifetime opportunity to raise the level of ambition in the area by supporting existing and emerging projects to enable the community to become a place where businesses thrive and people enjoy a high quality of life.
An additional 6 letters of objection have been received. New issues raised: Objection from the owner of Eden Reclamation at Carluddon, a property which adjoins the site. He states that his existing business can generates high levels of noise, dust and smoke and the Eco-Community will adversely impact upon his business by introducing people in close proximity. Case officer comment - there could be a negative impact of the proposal but the extent of harm is not clear. Given that the application is in outline format, the layout and proximity of the scheme to the business is unknown but, in any case, provided that he adjoining business were to operate reasonably, such as working within daylight hours, using loud equipment such as saws inside buildings and taking measures to minimise dust, the Eco-Community would not necessarily introduce a conflicting use with the neighbouring property. The Design and Access Statement, Planning Statement and Application Form need to be updated to reflect the change to policy position and masterplan since the time of original submission is not accepted. Case officer comment - this is not accepted because the Design and Access Statement still helps to explain the design principles and concepts which have informed the development and the required policy position for this application is now clearly set out in the Cornwall Local Plan. The change of applicant on the application form from Cornwall Council to Eco-Bos Ltd is clearly document on-line. The proposal could adversely impact upon the fishery at Innis Moor, about 1 mile below the site. The objector states that the source of their water for the fishery is the springs that cover the application site; and the wetland areas which slowly release water to their river throughout the year. Their concern relates to this supply stopping and/or pollution. Case officer comment – this application should not stop water from soaking into the site but, rather, it is designed to prevent uncontrolled run-off. The proposed SUDS are a natural approach to managing drainage in and around properties and other developments and would work by slowing holding back the water that runs off from a site, allowing natural processes to break down pollutants. Recommended condition 12 can ensure this.
Registered speaker David Weston is registered to speak in objection to this application but, unfortunately, is no longer able to attend. The comments he wishes to make to the planning committee are set out as follows: ‘1) Traffic increases & Access to / From the A30 (Should be done first if at all). 2) "Eco Bos" I do NOT trust them to honour their commitments !!! Especially after the problems and tales told regarding the Fraddon Gas plant. (Disgraceful doing everything with retrospective planning). 3) Most Importantly...In fact Number 1 really ..Healthcare provision ....My wife & I are currently registered with "St Austell Healthcare" & currently on the NHS site regarded as the worst service with nearly 32000 patients sometimes I ring and wait and ring again and either engaged or up to "15th" in the queue ... the services (when accessed) are excellent but with a possibility of maybe 6000 extra souls ?? from the possibility of 1500 ++ homes?? MMM you do the maths?? 4) Employment to pay for the new homes?? Where & What?? and will any of the jobs ?? be paid more than minimum wage . What hope have young un's got even with "Affordable" homes?? If I may respectfully suggest you the planners that the decisions you make regarding this (what I would consider is over development of this area) will be long lasting for everyone in my area & I would respectfully ask that these services be fully sorted BEFORE any more development is allowed please. Many Thanks for reading these thoughts. I am so sorry I have not been able to attend in person but unfortunately my wife is not at all well and I am tending her’
Conditions The conditions in the officer report have been revised, and should be replaced with the following:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission or before the expiration of two years from the date of the approval of the last reserved matters for development in the outline planning permission area whichever is the later.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2. The first application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission and all subsequent applications for approval of reserved matters shall be made before the expiration of 15 years from the date of this permission.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and provision of the Town and Country Planning (Development Management Procedure)(England) Order 2015 and to enable sufficient time for the applicant to deliver a scheme of significant scale at a high quality of design at that time in accordance with the aims and intentions of policies 12 and 14 of the Cornwall Local Plan.
3. Development of any individual phase or sub-phase within the site shall not commence until details of the layout, scale, appearance, means of access and landscaping (‘the reserved matters’) have been submitted to and approved in writing by the Local Planning Authority for that individual phase or sub-phase. No development of any individual phase or sub-phase shall be carried out otherwise than in strict accordance with the approved details.
Reason: In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) and provision of the Town and Country Planning (Development Management Procedure)(England) Order 2015.
4. The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans referred to in Consideration of this Application".
Reason: For the avoidance of doubt and in the interests of proper planning.
5. A) No demolition/development shall take place/commence in any phase or sub-phase until a programme of archaeological work including a Written Scheme of Investigation for that demolition/development in any phase or sub-phase has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance, and:
1. The programme and methodology of site investigation and recording, 2. The programme for post investigation assessment, 3. Provision to be made for analysis of the site investigation and recording, 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation, 5. Provision to be made for archive deposition of the analysis and records of the site investigation, and
6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. B) No demolition/development in any individual phase or sub-phase shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A) for that individual phase or sub-phase.
C) The development in any individual phase or sub-phase shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) for that individual phase or sub-phase and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
D) The archaeological recording condition for that individual phase or sub-phase will normally only be discharged when all elements of the WSI including on site works, analysis, report, publication (where applicable) and archive work has been completed.
Reason: To ensure that archaeological recording of buried and upstanding archaeological features are undertaken in accordance with advice contained above in this condition, to accord with Policy 24 of the Cornwall Local Plan and guidance contained in Part 12 of the National Planning Policy Framework.
6. Other than works required to be carried out as part of an approved scheme of remediation no development hereby permitted must commence within a phase or sub-phase until criteria 1 to 3 have been complied with for that individual phase or sub-phase. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until criteria 4 has been complied with in relation to that contamination.
Criteria 1: Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site in the relevant individual phase or sub-phase, whether or not it originates on the site. The contents of the scheme are subject to the approval, in writing, of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval, in writing, of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:
• human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
Criteria 2: Submission of Remediation Scheme
If required, a remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment (including controlled waters) must be prepared, and approved in writing, by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
Criteria 3: Implementation of Approved Remediation Scheme
If required, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development in any individual phase or sub-phase other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
Criteria 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of criteria 1, and where remediation is necessary, a remediation scheme must be prepared in accordance with the requirements of criteria 2, which is subject to the approval, in writing, of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with criteria 3.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the aims and intentions of Policy 13 of the Cornwall Local Plan and paragraphs 109 and 120 of the National Planning Policy Framework 2012.
8. No phase or sub-phase of the development hereby permitted shall commence until a Construction Traffic Management Plan and programme of works for that phase or sub-phase has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include construction vehicle details (number, size and type), vehicular routes, delivery hours and contractors’ arrangements, details of pedestrian routes during construction times. (Compound, storage, parking, turning, surfacing, drainage and wheel wash facilities). The development of any individual phase or sub-phase shall be carried out strictly in accordance with the approved Construction Traffic Management Plan for that individual phase or sub- phase unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of maintaining a safe and efficient highway network and safeguard the amenities of neighbouring properties in accordance with Polices 13 and 27 of the Cornwall Plan and paragraphs 17 and 35 of the National Planning Policy Framework 2012
9. No phase or sub-phase of the development hereby permitted shall commence until details outlining the disposal of foul water for that phase or sub-phase have been submitted to and approved in writing by the Local Planning Authority. No dwelling in that phase or sub- phase of development shall be occupied and there shall be no discharge to the public foul sewerage network from development in that phase or sub-phase until the approved method to dispose of foul water has been implemented in full. The implemented method to dispose of foul water in that phase or sub-phase shall be retained thereafter.
Reason: To ensure satisfactory provision of foul water disposal in the interests of safeguarding the environment in accordance with Policy 13 of the Cornwall Local Plan and paragraph 17 of the NPPF.
Note: The applicant should submit an application to the relevant Sewerage Undertaker for a public foul sewer requisition under s98 of the Water Industry Act 1991, which shall include the provision of public sewerage improvement works identified as necessary. 11. Prior to the commencement of each phase or sub-phase of development, a scheme to dispose of surface water run-off during the construction of that phase or sub-phase shall be submitted to and approved in writing by the Local Planning Authority. The scheme for that phase or sub-phase shall be implemented as approved.
Reason: To prevent flooding by ensuring the satisfactory management of surface water from the site during construction and to prevent pollution of controlled waters in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
12. Prior to the installation of the final surface water drainage design for a phase or sub- phase, the following details shall be submitted to and approved in writing by the Local Planning Authority:
● the final drainage scheme within the phase or sub-phase of the development ● the connecting drainage to the final attenuation feature ● confirmation of the attenuation feature design and volume ● confirmation of the discharge control rate including modification of the control to incorporate the phase or sub-phase ● a construction quality control procedure ● provision for overland exceedance flow routes from surface water ● Management of surface water flows from undeveloped areas.
Prior to occupation of the first unit in that phase or sub-phase it shall be demonstrated to the satisfaction of the Local Planning Authority that relevant parts of the scheme have been completed in accordance with the details agreed. The scheme implemented for that phase or sub-phase shall thereafter be managed and maintained in accordance with the approved details.
Reason: To prevent the increased risk of flooding and minimise the risk of pollution of surface water by ensuring the provision of a satisfactory means of surface water control and disposal in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
13. Prior to any discharge from the development to Great Treverbyn and Penhale Lake a detailed assessment, and scheme for the design and construction of the outfall channel to the St Austell River shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the details agreed prior to first discharge. The scheme shall thereafter be managed and maintained in accordance with the approved details.
Reason: To prevent an increase in downstream flood risk in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
14. Prior to any discharge from the development to Norman Pit details of the assessment, and scheme for the design and construction of the outfall channel to the Tregrehan Stream shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the details agreed prior to first discharge. The scheme shall thereafter be managed and maintained in accordance with the approved details.
Reason: To prevent an increase in downstream flood risk in accordance with the aims and intentions of Policy 26 of the Cornwall Local Plan.
16. No development in any individual phase or sub-phase shall take place until a detailed Construction Environment Management Plan (CEMP) has been submitted to and approved for that individual phase or sub-phase in writing by the Local Planning Authority. This Plan shall include details of all permits, dust mitigation measures, contingency plans and mitigation measures that shall be put in place to control the risk of pollution to air, soil and controlled waters, protect biodiversity and avoid, minimise and manage the productions of wastes with particular attention being paid to the constraints and risks of the site. Thereafter the development in that individual phase or sub-phase shall be carried out in accordance with the approved details.
Reason: To ensure that adequate measures are put in place to avoid or manage the risk of pollution or waste production during the course of the development in accordance with the aims and intentions of Policies 13 and 26 of the Cornwall Local Plan
17. Each reserved matters application shall demonstrate how that phase or sub-phase of development delivers high levels of energy efficiency in the fabric of the buildings, low carbon heat and satisfies the regulated energy requirements at that time from renewable and/or low carbon sources.
Reason: To accord with Policy 3 of the Cornwall Local Plan and in the interests of sustainable development and to promote renewable and low carbon energy resource development in accordance with Policy 14 of the Cornwall Local Plan and paragraph 17 of the NPPF.
18. Each reserved matters application shall be in material accordance with the masterplan (ref: MP004c_Rev H), Design Code and planning parameter plans (refs: PS001_Rev E, PS005_Rev J, PS006_Rev J; PS007_Rev J; PS008_Rev J; PS009_Rev J; and PS010_Rev F) submitted with the application.
Reason: To accord with Policy 3 of the Cornwall Local Plan and in the interests of creating a high quality sustainable development and to promote renewable and low carbon energy resource development in accordance with Policies 12 and 14 of the Cornwall Local Plan and paragraph 17 of the NPPF.
19. No development in any individual phase or sub-phase shall take place until a detailed Construction Ecological Management Plan (CEcMP) has been submitted to and approved for that individual phase or sub-phase in writing by the Local Planning Authority The approved CEcMP shall set out measures to prohibit the mixing of mortar or cement so as to avoid dust generation from high pH materials (lime and cement) and spillages and also the use of laydown areas and materials/vehicle storage areas within a 20m ‘buffer zone’ around the Baal Pit SAC unit boundary, the retained on-site populations of Western Rustwort (M .profunda) site and the Western Rustwort refuge sites proposed as part of this application.
Reason: To ensure one aspect of mitigation in order to prevent undue adverse impact of this application to Western Rustwort in accordance with the aims and intentions of Policy 23 of the Cornwall Local Plan and paragraphs 17, 109 and 118 of the National Planning Policy Framework.
20. No later than 12 months from the occupation of all residential units within a phase or sub phase, a survey of the number of residents within that phase/sub phase of the development working from the application site and/or whose workplace is within 2 kilometres of their home shall be undertaken and submitted to the Local Planning Authority. If the survey confirms that less than 40% of residents that are employed or actively looking for work are either working from the application site home or from a workplace which is within 2 kilometres of their home, proposals setting out how subsequent phases of the development will seek to increase employment opportunities should be submitted to and approved in writing by the Local Planning Authority.
Reason: To help to promote local employment opportunities for the future residents of the development hereby approved in accordance with the aims and intentions of Policy 3 of the Cornwall Local Plan and paragraphs 17, 19 and 20 of the National Planning Policy Framework.
Informative:
1. The design of the school hereby permitted should mitigate the effects of road traffic noise to ensure that the playing fields are not subject to unacceptable noise impact. This will be assessed in detail at the Reserved matters Stage.
2. This permission is subject to a Planning Obligation under Sections 106 and 278 of the Town and Country Planning Act 1990 (as amended).
Case officer recommendation
That delegated authority is given to the Service Director - Planning and Sustainable Development to approve Application Number PA14/12186 subject to:
A. Receipt of further information to successfully address the concerns submitted by Natural England and the Council’s Ecology consultant, Parsons Brinkerhoff in consultation with the Chairman and Vice Chairman of the Strategic Planning Committee and the Divisional Members for the application site.
B. The completion of a Section 106 and/or Section 278 Agreement(s) to secure measures relating to phasing, affordable homes, transport and movement, education, community and health facilities, employment and green infrastructure, including safeguarding the Sky Tip and other historic areas on the site and ecological mitigation.
C. The further biodiversity information required shall be submitted and the Section 106 and 278 Agreements shall be completed by 30 June 2017 (or a further extension of time to be agreed). If the planning agreement is not completed by this date, authority be delegated to the Service Director - Planning and Sustainable Development 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.
D. The conditions as set out above or similar conditions, to be agreed with the Service Director – Assurance in consultation with the Chairman and Vice Chairman of the Strategic Planning Committee and Divisional Members for the application site.
Appendix 3c – Draft S106 agreed [FINAL AGREED DRAFT APRIL 2018]
Section 106 Agreement relating to the Development at West Carclaze, Cornwall
Dated 2018
The Cornwall Council (1)
Eco-Bos Development Limited (2)
Imerys Minerals Limited (3)
ECO001/0001 MK/STA -1 TABLE OF CONTENTS
1 Definitions 3 2 Statutory Provisions 40 3 Conditionality 41 4 Obligations of the Owner 41 5 The Council Covenants 41 6 Monitoring Information and Monitoring Costs 41 7 Enforceability and Enforcement of Obligations 41 8 VAT 42 9 Interest 42 10 Notices 42 11 Dispute Resolution Procedure 44 12 Contracts (Rights of Third Parties) Act 1999 45 13 Miscellaneous 45 14 Future consents 45 15 Transfer of Land 46 16 Approvals 46 17 Duty to act reasonably and in good faith 46 18 Waiver 46 19 Mortgagees 46 20 Plans and Strategies 46 21 Jurisdiction 47 22 Delivery 47
SCHEDULES
SCHEDULE 1 – DRAFT PLANNING PERMISSION SCHEDULE 2 – PHASING SCHEDULE 3 – EDUCATION SCHEDULE 4 – COMMUNITY AND HEALTH FACILITIES SCHEDULE 5 – TRANSPORT AND MOVEMENT SCHEDULE 6 – GREEN INFRASTRUCTURE SCHEDULE 7 – AFFORDABLE HOUSING AND SELF AND CUSTOM BUILD SCHEDULE 8 – EMPLOYMENT SCHEDULE 9 – SKY TIP SCHEDULE 10 – ECOLOGICAL MITIGATION (EXCEPTING MARSUPELLA PROFUNDA) SCHEDULE 11 – MARSURPELLA PROFUNDA SCHEDULE 12 – COUNCIL’S COVENANTS SCHEDULE 13 – PHASED OBLIGATIONS SCHEDULE 14 - PLANS
-2 ECO001/0001 MK/STA DATE 2018
PARTIES
(1) THE CORNWALL COUNCIL of County Hall, Treyew Road Truro, TR1 3AY (the “Council”);
(2) ECO-BOS DEVELOPMENT LIMITED whose registered office is at Prydis Accounts Limited, The Parade, Liskeard, Cornwall, PL14 6AF (the “Developer”);
(3) IMERYS MINERALS LIMITED whose registered office is at Par Moor Centre, Par Moor Road, Par Cornwall, PL24 2SQ (the “Owner”)
together the “Parties” RECITALS
(A) The Council is the local planning authority for the purposes of the 1990 Act for the area in which the Site is situated.
(B) An application was made on 19 December 2014 to the Council for planning permission to deliver the Development.
(C) The Owner is the freehold owner of that part of the Site registered under titles CL261634 and CL319510.
(D) The Council is the freehold owner of parts of the Site registered under titles CL76568; CL83825; CL88240; CL177959; and the A391 which runs through the Site is registered in the Council’s name as freehold owner under title CL305078.
(E) The Developer has the benefit of a right to acquire the Site for the purposes of delivering the Development pursuant to an option agreement entered into with the Owner.
(F) On 30 March 2017, the Council’s Strategic Planning Committee resolved to grant Planning Permission for the Development subject to completion of this Deed.
(G) The obligations contained in this Deed are planning obligations for the purposes of Section 106 of the 1990 Act.
(H) Having regard to the provisions of the development plan and planning considerations affecting the Site the Council considers that in the interests of the proper planning of its area the development of the Site ought only to be permitted subject to the terms hereof and for that purpose the Parties are willing to enter this Deed.
NOW THIS DEED WITNESSES AS FOLLOWS:
1 Definitions
1.1 For the purposes of this Deed the following expressions shall have the following meanings:
1990 Act means the Town and Country Planning Act 1990;
Advertising means in relation to an Affordable Dwelling, advertising the sale or letting (as applicable) of any interest in the relevant dwelling, in accordance with a scheme to be approved by the Council and which
ECO001/0001 MK/STA -3 shall include (unless otherwise agreed in writing with the Council):
(a) in the case of Affordable Rent Dwellings and Intermediate Rent Dwellings an advertisement on the website of Cornwall Homechoice or such other similar website for advertising affordable homes which are ready for letting as agreed by the Council;
(b) in the case of Shared Ownership Dwellings or Intermediate Sale Dwellings an advertisement on the website of Help to Buy South West or any other similar organisation promoting intermediate or low cost housing for sale;
(c) in the case of all Affordable Dwellings, such other local advertising and social media channels as may be agreed in writing by the Council;
Affordable Dwellings means the Dwellings within the Development to be provided as Affordable Housing in accordance with the provisions of Schedule 7;
Affordable Housing means residential accommodation where the rent or price is reduced such that it can be afforded by persons or households on incomes whose needs cannot be met by the open market;
Affordable Housing Mix means the number, size, mix and tenure of Affordable Dwellings as set out in Annex 1 to the Schedule 7 or such other mix of sizes, types and tenures as may be agreed with the Council;
Affordable Rent means a rent of no more than 80% of Local Market Rent (including service charges) which rent should also not exceed the prevailing Local Housing Allowance from time to time for the relevant dwelling size SAVE THAT such rent may be increased annually by an amount equal, by percentage, to the change in the Index between the figure published in the September immediately before the rent review and the figure published in the preceding September plus 1% for the relevant year or such other rental basis as may be agreed by the Council;
-4 Affordable Rent Dwellings means the Affordable Dwellings to be let by Registered Providers at an Affordable Rent;
Air Quality Contribution means the sum of £113,000 Index Linked to be paid by the Owner to the Council to be applied to measures within the St Austell Air Quality Action Plan 2013 (as updated from time to time);
Allotments means the land to be provided within the Development in a quantum of no less than (in aggregate) 3,300 square metres for renting by individuals for growing vegetables, fruits and/or flowers;
Alternative Affordable Home means either :
a) A social rented dwelling, an affordable rent dwelling or an intermediate dwelling provided by a registered provider; or,
b) An intermediate rented dwelling or an intermediate home ownership dwelling provided by a private developer and in either case located within the County.
Alternative Provider means an organisation approved by the Council whose main purpose is the letting and managing of housing;
Annual Monitoring Report means a report to be prepared by the Owner and submitted to the Council in accordance with clause 6;
Application the application for the Planning Permission given reference PA14/12186 by the Council;
Approval means any approval, agreement, consent, authority or expression of satisfaction by a Party or duly authorised person acting on their behalf following submission of the relevant plan, document, details, request or any other matter by another Party under the terms of this Deed and “Approve” shall be construed accordingly;
Area Local Connection means a connection with the Primary Area, Secondary Area, Tertiary Area or the County (as applicable) in the nature of any of the following :
-5 (a) being permanently resident therein for a continuous period of at least three 3 years immediately prior to Advertising; or
(b) being formerly permanently resident therein for a continuous period of 5 years; or
(c) having his or her place of permanent work (normally regarded as 16 hours or more a week and not including seasonal employment) therein for a continuous period of at least 3 years immediately prior to Advertising; or
(d) having a connection through a close family member (normally mother, father (or those who have been assigned legal parental responsibility), brother, sister, son or daughter) where the family member is currently resident therein and has been so for a continuous period of at least 5 years immediately prior to Advertising,
AND where in each case such connection has been demonstrated to the reasonable satisfaction of the Council;
Assured Tenancy means an assured tenancy or an assured shorthold tenancy under the Housing Act 1988 as amended by the Housing Act 1996 or such other similar form of periodic tenancy permitted under any statutory modification;
Baal Pit Detailed Management Plan means a plan setting out the detailed measures to be implemented within the Baal Pit SAC Unit over a period of 5 years from the date of approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken within the Baal Pit SAC Unit for the protection of Marsupella Profunda are provided, which plan must be consistent with the Baal Pit Outline Management Plan and which plan must be informed by a recent Condition Assessment of the Baal Pit SAC Unit;
-6 Baal Pit Outline Management Plan means a plan setting out the outline measures to be implemented within the Baal Pit SAC Unit over a period of 20 years from the date of the approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken within the Baal Pit SAC Unit for the protection of Marsupella Profunda which plan must be informed by a recent Condition Assessment of the Baal Pit SAC Unit;
Baal Pit SAC Unit means the land outlined and shaded pink and labelled as the Baal Pit on Plan 2 forming part of title registered at the Land Registry under title number CL261634;
Building Bulletin 103 means the Department for Education Building Bulletin 103: Area Guidelines for Mainstream Schools (or relevant successor guidelines);
Building Regulation M4(2) means the requirements set out in Category 2: Accessible and adaptable dwellings of the 2015 edition (incorporating 2016 amendments) of Approved Document M approved under the Building Regulations 2010 (as amended) and entitled “Access to and use of buildings”;
Building Regulation M4(3) means the requirements set out in category 3: wheelchair user dwellings of the 2015 edition (incorporating 2016 amendments) of Approved Document M approved under the Building Regulations 2010 (as amended) and entitled “Access to and use of buildings”;
Bus Infrastructure means such infrastructure as is necessary to facilitate servicing of the Site by the Enhanced Number 27 Bus Route (or, with the agreement of the Owner, the Existing Bus Routes) which infrastructure may include signs, bus stops at suitable locations, shelters and flags and dropped curbs;
Bus Provider means First Kernow or such other replacement or commercial bus operator running public bus transportation services in the vicinity of the Site and with capability to deliver the bus service required under this Deed;
-7 Capital Funding Guide means the guide entitled Capital Funding Guide published by the HCA in November 2016 (as subsequently updated) and which can be found at:
https://www.gov.uk/guidance/capital funding-guide
or such other replacement guide as may be in place from time to time;
Car Club means a self-service pay-as-you-go or by subscription car club which provides temporary use of vehicles without ownership to members of the club;
Car Club Provider means a provider which has been approved by the Council for the provision of the Car Club in accordance with the Car Club Scheme;
Car Club Scheme means an outline scheme to be submitted to and approved by the Council providing basic details of the proposed Car Club including the types of vehicles that may be provided (which may include electric cars) and the number of and general location of any Car Club spaces to be provided;
Clay Trails means the network of walking, cycling and horse-riding trails known as the ‘Clay Trails’ that run through parts of mid- Cornwall;
Clay Trails Extensions means the extensions to the existing Clay Trails to be provided by the Owner within the Site;
Clay Trails Extensions Plan means an indicative plan showing the proposed routes for the Clay Trails Extensions which must be in general accordance with the extensions shown labelled “Clay Trails” on Plans 4 and 5;
Clay Trails Specification means the specification for the construction of the Clay Trails Extensions attached at Annex 1 of Schedule 5 and any amendment thereto agreed between the Parties from time to time;
Commencement means where used in relation to the Development or any specified part thereof the carrying out of the first Material Operation in respect of the Development, Phase, Sub Phase or such other part of the Development as may be specified and
-8 “Commencement of Development”, “Commenced” shall be construed accordingly;
Commencement Date means the date on which the Development is first begun by the carrying out of a Material Operation;
Community Centre means floorspace of no less than 600 square metres to be provided in the Main Local Centre for the provision of community facilities for the benefit of the local community to be delivered in accordance with the Community and Health Facilities Strategy which floorspace may be co-located or shared with other uses in the Development;
Community and Health Facilities means the Community Centre, the Healthcare Facility, the Library Facility, the Police Facility and the Pharmacy and each of them;
Community and Health Facilities Strategy means a strategy for the delivery of the Community Hub and Community Centre and the facilities proposed to be located therein in accordance with Schedule 4 of this Deed (or any amendment to the same which may be agreed by the Council) which strategy must detail the following:
(a) the proposed general locations of the Community and Health Facilities;
(b) details of consultation to be carried out with relevant potential operators of the Community and Health Facilities including enquiries to be made of the Police Force and the Council to obtain confirmation of whether they require (respectively) the Police Facility and the Library Facility;
(c) details of the proposed marketing methods and marketing programme which shall include the timing of the proposed marketing for the Community and Health Facilities;
-9 Community Centre Lease means a lease of the Community Centre on reasonable terms granted to a Community Centre Provider;
Community Centre Provider means the Council or other body (approved by the Council) which has experience in the provision of community facilities and the management thereof;
Community Hub means floorspace of no less than 1,000 square metres to be provided by the Owner within the Development subject to and in accordance with the provisions of Schedule 4 and the approved Community and Health Facilities Strategy, to provide a centre for accommodating facilities for use by the community (including the Library Facility, the Police Facility and the Pharmacy but excluding the Community Centre and Health Facilities) and which may be co-located or shared with other uses in the Development;
Competent Authority means a competent authority as defined pursuant to the Conservation of Habitats and Species Regulations 2010 (as amended from time to time);
Completion means the issue of a certificate of practical completion of the Development (or such part as may be specified) by the Owner’s architect or other project consultant appointed by the Owner and “Complete” and “Completed” shall be construed accordingly;
Condition means a condition imposed on the Planning Permission;
Condition Assessment means an assessment carried out by the Owner to assess the condition of Marsupella Profunda and/or to review and report on the potential impact of the Development on Marsurpella Profunda in the Baal Pit SAC Unit and/or the Prosper Pit SAC Unit and/or the Site and/or the Ecological Mitigation Land in compliance with Tables 7.1, 7.2 and 7.3 (as applicable) and paragraphs 7.4.2, 7.4.3 and 7.4.4 (as applicable) of the Habitats Regulations Assessment;
Construction Activity means the carrying out of a material operation as defined in section 56(4) of the
-10 1990 Act including any ground or vegetation clearance activity directly related to the carrying out of the Development or Phase, such as may be specified in the relevant obligation in this Deed;
Cornwall Homechoice means a choice based scheme developed and operated in partnership between the Council and local Registered Providers or such other successive or alternative scheme put in place by the Council for substantially the same purpose;
Council’s Monitoring Costs means the sum of £4,115 to be paid by the Owner to the Council and to be applied by the Council to its administration, assessment and monitoring costs and professional/ consultants fees incurred in connection with the discharge of obligations in this Deed (including approval of and discussions relating to any plans, details, documents and reports hereunder in connection with satisfactory delivery of the Development) provided that for the avoidance of doubt such costs (including professional /consultants costs//fees) shall not include costs/fees incurred in relation to the determination of any application once submitted by the Owner to the Council under the Planning Permission and/or in respect of which the Council has a statutory duty to determine;
County means the administrative area of the Council;
Cycle Access Routes means the access points into and out of the Site for those travelling by cycle to be provided for the benefit of Occupiers of the Dwellings and visitors to the Development indicatively shown on Plan 4, the exact locations and details of which will be determined in the relevant Reserved Matters Approvals;
Cycle Hire Facility means a public cycle hire scheme and associated facilities and infrastructure to be made available within Development;
Cycle Hire Operator means the operator of the Cycle Hire Facility responsible for operating and managing that facility including facilities, infrastructure bookings and charges;
-11 Determination Notice means a notice served pursuant to clause 11 requiring referral of any dispute or difference between the Parties to be determined under clause 11, proposing an appropriate Specialist and specifying the nature and substance of the dispute and the relief sought in relation to the dispute;
Development means the development permitted pursuant to the Planning Permission;
Drainage Strategy means the Supplementary Drainage Strategy dated January 2016 prepared by Jacobs and submitted with the Application;
Dwelling means any dwelling (including a house, Flat or maisonette) constructed pursuant to the Planning Permission;
Ecological Mitigation Land means the land identified on Plan 3;
Ecological Mitigation Measures means the actions, steps, measures and requirements required to be undertaken within the land associated with a Phase or (in circumstances where the mitigation required for that Phase cannot be met solely by actions, steps and measures undertaken within the land associated with that Phase) the Ecological Mitigation Land to mitigate any potential impacts on ecological receptors excluding Marsupella Profunda within the Phase in question arising from the Development and which must be in accordance with the Framework Ecological Mitigation Strategy;
Enhanced Number 27 Bus Route means the extended and enhanced Number 27 Bus Route servicing the Development, such extension and enhancement to include:
(a) extension of the Number 27 Bus Route to and within the Development to provide a minimum frequency of one bus every half an hour;
(b) funding of the ‘27 Showcase Corridor’ between Truro, St Austell and Bodmin;
(c) updating of the bus fleet;
(d) provision of real-time bus information, waiting facilities and smart integrated ticketing;
-12 Exempt Person means any person who:
a) has exercised the right to acquire pursuant to the Housing Act 1996 or any statutory provision for the time being in force (or any equivalent contractual right) in respect of a particular Affordable Dwelling;
b) has exercised any statutory right to buy (or any equivalent contractual right) in respect of a particular Affordable Dwelling; or
c) has been granted a Shared Ownership Lease in respect of a particular Affordable Dwelling and has progressed to ownership of 100% of the equity in an Affordable Dwelling;
Existing Bus Routes means the existing bus services serving the vicinity of the Development which the Council and the Owner consider appropriate and/or capable of servicing the Development and for which there is demand, which services may include:
(a) number 30 from Penrice Hospital to St Austell;
(b) number 101 from St Austell to Luxulyan; and
(c) number 223 from Bodmin to Truro;
Financial Contribution means all financial payments made under this Deed pursuant to the obligations in the Schedules;
Flat means a Dwelling which is a separate and self-contained residential unit that forms part of a building within the Development;
Framework Ecological Mitigation Strategy means the document produced by Middlemarch Environmental dated January 2017 submitted as an updated version to the Framework Ecological Mitigation Strategy which was submitted with the Application;
Government Funding means any funding which is secured from the Department for Education or any other
-13 public grant of money for the provision of the Primary School;
Green Infrastructure means the 350 hectares of public and private, natural and semi-natural green spaces to be provided within those parts of the Development as shown for illustrative purposes only on Plan 7 and which will includes the “Parks and Amenity Space” and “Natural Space”;
Green Infrastructure Management Plan means a plan to be submitted by the Owner to the Council for its approval which must accord with the Green Infrastructure Management Plan Framework and must be in accordance with the Site and Ecological Mitigation Land Outline Management Plan and the Site and Ecological Mitigation Land Detailed Management Plan in setting out the following:
(a) the proposed phasing and the timing for the delivery and completion of those parts of the Green Infrastructure that are proposed to be accessed by the public (which must have regard to the anticipated delivery of the Residential Phases and the Completion of Residential Dwellings across the Development), including any Public Open Space Elements that are to be located within the Green Infrastructure;
(b) details of the proposed maintenance of the Green Infrastructure;
(c) details of the proposed maintenance including maintenance standards of any Public Open Space Elements that are to be located within the Green Infrastructure;
or any amendment to such plan as may be agreed by the Council from time to time;
Green Infrastructure Management Plan means the plan submitted with the Framework Application prepared by Savills dated December 2014 entitled “West Carclaze
-14 Eco-Community Green Infrastructure Management Plan Framework”;
Green Infrastructure Plan means a plan identifying the general location of those parts of the Green Infrastructure that are proposed to be accessible to members of the public and those parts of the Green Infrastructure that are proposed to remain private, which plan must identify the illustrative locations of any proposed uses of the Green Infrastructure including the general indicative locations of:
(a) the Parks and Amenity Space;
(b) Natural Space;
(c) any other Public Open Space Elements that are proposed to be located within the Green Infrastructure;
(d) any unadopted and non-privately controlled drains or drainage features including SUDS and primary discharge points that may be located within the Green Infrastructure;
and any amendment to the same as may be agreed by the Council from time to time;
Habitat Regulations Assessment means the shadow Habitats Regulations Assessment (Report RT-MME-115562-03 Rev C) dated 30 June 2017 at Annex 1 of Schedule 12 adopted by the Council on [DATE] in compliance with its duty under regulations 61 and 68 Conservation of Habitats and Species Regulations 2010;
HCA means the Homes and Communities Agency or any successor body to its relevant functions including Homes England;
Healthcare Facility means floorspace of up to 650 square metres within the Main Local Centre for use by a Healthcare Provider as a surgery capable of accommodating 3 general practitioners (or for other health-related care or services in accordance with paragraph 1.4 of Schedule 4) and the appropriate level of treatment, consulting and waiting rooms and any other appropriate associated ancillary and/or
-15 complementary healthcare facilities or such other health-related care or services as may be approved in writing by the Council, which floorspace may be co- located with other uses in the Development;
Healthcare Facility Lease means a lease of the Healthcare Facility made on reasonable arm’s length commercial terms with a Healthcare Provider;
Healthcare Provider means NHS England or its successor body within the National Health Service or a nominee of the same or such other body commissioning health services in the vicinity of the Development as may be agreed by the Council which for the avoidance of doubt may or may not have a direct relationship with NHS England;
Highways Works means:
(a) the Tregonissey Junction Works; and
(b) the Slades Road Works; and
(c) the Scredda Roundabout Works;
Highways Agreement means an agreement in substantially the same form as at Appendix 1 to secure a contribution towards the costs of carrying out the Highways Works, such contribution not to exceed two million and fifty one thousand nine hundred and eighty two pounds (£2,051,982);
Household means anyone who may reasonably be expected to reside together with the Qualifying Person as a single household;
Housing Need means:
(a) in the case of Affordable Rent Dwellings, being homeless or threatened with homelessness or living in accommodation which in the opinion of the Council is Insecure or unsuitable and being unable to purchase or rent reasonably suitable accommodation on the open market in the locality where the Affordable Dwelling is situated taking into account a person’s
-16 income and capacity and other financial circumstances and for the avoidance of doubt accommodation may be considered unsuitable on grounds of costs, overcrowding, unfitness or lack of basic amenities or because of a person’s infirmity, physical or mental disability or special social or care needs; or
(b) in the case of Intermediate Dwellings, being unable to purchase or rent reasonably suitable accommodation in the open market in the locality where the Affordable Dwelling is situated taking into account a person’s income and capacity and other financial circumstances.
Index means:
(a) in relation to Affordable Rent, the United Kingdom Consumer Price Index;
(b) in relation to the Financial Contributions, the United Kingdom General Index of Retails Prices (All Items), and in the event that either index ceases to be published such replacement or other index as the parties may agree to use in its place;
Index Linked means adjusted by an amount equal, by percentage to the change in the Index between the date of the Index figure last published at the date of this Deed and the Index figure last published at the date on which the relevant contribution or part thereof is payable PROVIDED THAT (in relation to a Financial Contribution or instalment thereof) if the basis for calculating the Index is amended between the publication of the original figure and the figure last published on the date on which the relevant contribution or part thereof is payable, the amended method shall be used for calculating both figures if the
-17 relevant amended method is officially published;
Insecure means accommodation which a Qualifying Person does not have the legal right to occupy in the long term;
Interest means 2.5% above Bank of England base interest rate;
Intermediate Dwellings means any of the following:
(a) Shared Ownership Dwellings;
(b) Intermediate Sale Dwellings;
(c) Intermediate Rent Dwellings;
(d) any other form of intermediate tenure as may be agreed by the Council and provided in accordance with terms to be agreed by the Council, in particular having regard to any Affordable Housing tenure types as may be required by or promoted by the Government from time to time and which may include Starter Homes and Rent to Buy;
and for the avoidance of doubt the selection of intermediate tenure (from (a) – (d) above) for the Intermediate Dwellings in the Development shall be at the Owner’s absolute discretion;
Intermediate Rent means a rent which does not exceed 80% of Local Market Rent (including service charges) which rent should not exceed the prevailing Local Housing Allowance from time to time for the relevant dwelling size SAVE that such rent may be increased annually by an amount equal, by percentage, to the change in the Index between the figure published in the September immediately before rent review and the figure published in the preceding September plus 1% for the relevant year or such other similar rental basis as may be agreed by the Council;
Intermediate Rent Dwellings means Affordable Dwellings for rent made available by Alternative Providers at an Intermediate Rent;
-18 Intermediate Sale Dwellings means Affordable Dwellings which are provided for sale at no more than 70% of Open Market Value;
Joint Nature Conservation Committee means the public body that advises the UK Government and devolved administrations on UK-wide and international nature conservation, originally established under the Environmental Protection Act 1990 and reconstituted by the Natural Environment and Rural Communities (NERC) Act 2006 or successor body to its relevant functions;
Land Trust means a body responsible for the management and maintenance of the Green Infrastructure the identity of which is to be approved by the Council, pursuant to the relevant provisions of this Deed;
LEAP means a Local Equipped Areas for Play as defined in the Fields in Trust publication “Guidance for Outdoor Sport and Play: Beyond the Six Acre Standard” (dated October 2015) or such later revision to that standard as may be in effect at the relevant time;
Letting Notice Means:
(a) in relation to all Affordable Dwellings, save for Affordable Rent Dwellings, a notice which must (unless otherwise agreed with the Council) include the following: (i) the name and address of the landlord and Owner;
(ii) address;
(iii) weekly or monthly rent;
(iv) amount and breakdown of any service charge per week, month or annum;
(v) details of any additional charges;
(vi) any age or other occupancy restrictions;
-19 (vii) dwelling type;
(viii) dwelling size;
(ix) heating type;
(x) details of mains services in the property;
(xi) availability of parking space/garage;
(xii) any disabled adaptations;
(xiii) provision of any support services;
and which is delivered to the Council, clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service;
(b) in relation to Affordable Rent Dwellings, an advertisement for the Affordable Dwelling placed on Cornwall Homechoice and approved by the Council
Library Facility means floorspace within the Community Hub in a quantum which when aggregated with floorspace to be provided for the Police Facility does not exceed 100 square metres (unless the Owner otherwise agrees) for use for the provision of library services to the public and which may be co-located or space with other uses in the Development;
Library Facility Lease means a lease of the Library Facility made on reasonable arm’s length commercial terms with the Council;
Local Businesses means businesses that are located in and/or conduct a significant part of their business in the County;
Local Housing Allowance means the level of housing benefit entitlement for tenants renting from private landlords calculated by reference to the local housing allowance rates set by a rent officer of the Valuation Office;
Local Market Rent means the estimated amount for which a Dwelling would be rented on the valuation
-20 date between a willing lessor and a willing lessee on appropriate lease terms in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion with due regard and consideration to relevant and applicable local comparable rents in the local area;
Local People means people who are ordinarily resident in the County;
Main Local Centre means the local centre to be provided within the Development in the general location shown on Plan 5 (for illustrative purposes only) labelled “Local Centre”;
Market Dwelling means a Dwelling constructed pursuant to the Planning Permission which is not an Affordable Dwelling;
Marsupella Profunda means Western Rustwort Marsupella Profunda which is defined by the Joint Nature Conservation Committee as a protected liverwort species which colonises moist, crumbling mica-rich weathered granite and china clay waste;
Marsupella Profunda Plans means the plans listed as follows and referred to in Schedule 12 of this Deed being the:
(a) Baal Pit Detailed Management Plan;
(b) Baal Pit Outline Management Plan;
(c) Prosper Pit Detailed Management Plan;
(d) Prosper Pit Outline Management Plan;
(e) Site and Ecological Mitigation Land Detailed Management Plan; and
(f) Site and Ecological Mitigation Land Outline Management Plan, and
(g) all revised plans submitted pursuant to the obligations in Schedule 11;
-21 Material Operation means the carrying out of a material operation (as defined at section 56 the 1990 Act) but not including site investigation or surveys; the erection of fencing, hoardings, security measures and/or lighting, demolition and consequential work, works to stabilise and support existing structures, remedial work in respect of any contamination or other adverse ground conditions, site clearance, archaeological or ground investigations, the erection of temporary buildings, structures or compounds directly linked to anticipated construction, construction of temporary roadworks and the laying, removal or diversion of services or provision of formal/informal Green Infrastructure and any operation or works on the Ecological Mitigation Land, Baal Pit SAC Unit or the Prosper Pit SAC Unit;
Minimum Local Connection means a connection with the County in the nature of any of the following:
(a) being permanently resident therein for a continuous period of at least 12 months immediately prior to Advertising and that residence is of their own choice; or
(b) having his or her place of permanent work (normally regarded as 16 hours or more a week and not including seasonal employment) therein immediately prior to Advertising; or
(c) being in such other special circumstances which the Council considers requires the applicant to reside therein as appropriate and which is consistent with the Council's Cornwall Homechoice policy as amended from time to time,
AND where in each case such connection has been demonstrated to the reasonable satisfaction of the Council;
Mitigation Measures Plan means a plan detailing the proposed timing for delivery, proposed management and maintenance and the proposed monitoring of the Ecological Mitigation Measures and
-22 any amendment to the same as may be agreed by the Council;
Mortgagee means either:
(a) the mortgagee of an individual Affordable Dwelling where the mortgagor has defaulted on the particular mortgage; or,
(b) any mortgagee or chargee of a Registered Provider or any receiver or manager (including administrative receiver) appointed pursuant to the Law of Property Act 1925 or otherwise;
(c) or any other person appointed under any security documentation to enable such mortgagee or chargee to realise its security or any administrator (howsoever appointed) including a housing administrator;
Mortgagee’s Duty means the tasks and duties of a Mortgagee to which paragraph 5.2 of Schedule 7 applies as set out therein;
National Space Standard means the national space standard secured by the Government in the document entitled “Technical Housing Standards – nationally described space standard” (March 2015) such as may be varied or amended from time to time or any equivalent replacement document as may be applicable at the relevant time;
Natural Space means land to be provided in the Development in a quantum of no less than 53,490 square metres which may include publicly accessible nature reserves, woodlands, urban forestry, scrub, heath, grasslands (e.g. commons and coastal), wetlands, open and running water, reservoirs, heritage mine workings and derelict open land and rock areas (e.g. cliffs, quarries and pits);
NEAP means a Neighbourhood Equipped Area for Play as defined in the Fields in Trust publication “Guidance for Outdoor Sport and Play: Beyond the Six Acre Standard” (dated October 2015) or such later
-23 revisions to that standard as may be in effect at the relevant time;
Necessary Consents means all such statutory, regulatory and third party consents, agreements, permissions, approvals and licences as may be necessary in order to enable delivery of the required works, facility, service or activity in question;
Non Residential Unit means a unit of floorspace or building in the Development Occupied for purposes other than as a Dwelling;
Number 27 Bus Route means the existing bus route which runs between Bodmin and St Austell or such other equivalent bus route as may be in operation at the relevant time;
Occupation means Occupation for the purposes permitted by the Planning Permission but not including occupation by personnel engaged in construction, fitting out or decoration or occupation for marketing or display or occupation in relation to security operations and “Occupied” and “Occupy” shall be construed accordingly;
Occupier means the occupier of any Dwelling or Non-Residential Unit;
Open Market Value means a sales value established in accordance with the definition of ‘market value’ within the RICS Red Book, being the estimated amount for which a Market Dwelling would be disposed of on the local open residential market assuming a disposal on the date of valuation between a willing buyer and a willing seller in an arm’s length transaction after proper marketing wherein the parties have acted knowledgeably, prudently and without compulsion;
Open Space Strategy means the adopted Open Space Strategy for Larger Towns in Cornwall (2014) or such other replacement strategy as may be adopted by the Council from time to time;
Parks and Amenity Space means the land to be provided within the Development in a quantum of no less than (in aggregate) 30,315 square metres for use by the public as urban parks, recreation grounds, ‘King George V
-24 playing fields’ or any playing fields with multiple formal uses other than sport, and which may contain Play Facilities, informal recreation spaces, landscaped & managed (formally rather than natural) green spaces;
Pedestrian Connections means the connections to be provided between the pedestrian access points within the Site and existing pedestrian routes outside of the Site to link the Site with nearby settlements shown for indicative purposes on Plan 4 and labelled “primary crossing points”, the exact locations and details of which will be determined in the relevant Reserved Matters Approvals;
Pharmacy means floorspace of up to 100 square metres within the Community Hub to be used for the purpose of a pharmacy which may be co-located or shared with other uses in the Development;
Pharmacy Lease means a lease of the Pharmacy made on arm’s length commercial terms;
Pharmacy Provider means a commercial operator of the Pharmacy;
Phase means a phase of the Development as identified in the Phasing Plan;
Phased Obligations means those obligations set out in Schedule 13;
Phase Specific Affordable Housing Delivery means a plan for the delivery of Affordable Plan Dwellings within a Phase or Sub Phase to be submitted to and approved by the Council (and any amendments to such plan as may be agreed from time to time) and which must contain the following:
(a) the total number of Affordable Dwellings within the Phase or Sub Phase;
(b) the proposed distribution of Affordable Dwellings within the Phase or Sub Phase;
(c) the proposed size, type and tenure mix of the Affordable Dwellings within the Phase or Sub Phase in question such that the size, type and tenure of the
-25 Affordable Dwellings across the whole Development are in accordance with the Affordable Housing Mix and Tenure Mix;
Phase Specific Public Open Space Strategy means a strategy relating to a Phase to be submitted by the Owner to the Council detailing the following in relation to any Public Open Space Elements that are proposed to be provided in the Phase in question;
(a) proposed locations;
(b) design and specification; and
(c) maintenance and management standards,
and any amendment to such strategy as may be agreed by the Council from time to time;
Phase Specific Travel Plan means a detailed travel plan setting out measures that will be implemented to assist with the provision of sustainable forms of transport by Occupiers of and visitors to a Phase of the Development (or any amendment to the same as may be agreed by the Council) and which must:
(a) clearly state on the title page which Phase of the Development it relates to;
(b) accord with the Strategic Framework Travel Plan;
(c) identify the measures and ways in which sustainable forms of transport will be encouraged and monitored in the relevant Phase with an assessment of what is most appropriate according to the proposed land uses and development in that Phase and where appropriate may include any or all of the following: promoting public transport, reducing car use and where cars are used promoting the use of electric cars, encouraging walking and cycling including cycle hire facilities, environmental policies and travel monitoring and targets;
-26 (d) identify the ways in which information to promote the various sustainable transport measures described in the plan will be disseminated to the Occupiers of that Phase of the Development;
(e) identify the arrangements for funding the measures in the travel plan in question and who will be responsible for the implementation and monitoring of the targets and measures therein; and
(f) identify the monitoring timescale and how the results of the monitoring will be reported to the Council and addressed;
Phasing Plan means a plan showing the Phases of the Development and the order in which each Phase is proposed to be Commenced or any amendment to the same that may be agreed by the Council in writing from time to time, such plan (or any amendment) to be in general accordance with Parameter Plan: Land Use (PS006);
Plan means a plan appended to this Deed at Schedule 14, and where followed by a number is a reference to the plan bearing that number;
Planning Permission means the planning permission for the Development subject to Conditions to be granted by the Council in respect of the Application the draft form of which is set out in Schedule 1;
Play Facilities means the play facilities for children and young people to be provided in the Development, the sites for which will be provided in a quantum of no less than (in aggregate) 2,400 square metres and which may be provided in the form of LEAPs, NEAPs or such other appropriate form as may be agreed by the Council;
Police Facility means floorspace within the Community Hub in a quantum which when aggregated with floorspace to be provided for the Library Facility does not exceed 100
-27 square metres (unless the Owner otherwise agrees) for use by the police for the provision of policing services to the public and which may be co-located or shared with other uses in the Development;
Police Force means the Devon and Cornwall Police Constabulary;
Police Force Lease means a lease of the Police Facility made on reasonable arm’s length commercial terms with the Police Force;
Premises means the buildings, premises, playing fields, playgrounds and/or other space to be occupied by the Primary School;
Prepared and Serviced Site means in relation to the Site or any part thereof as may be specified in the relevant provisions of this Deed:
(a) levelled and all rubbish removed;
(b) having connections for mains water, sewerage, gas, electricity and tele-communications appropriate to the proposed use of the relevant land and adequate for the purposes of the prospective users of such land, either at the boundary of the site of the relevant facility or reasonably proximate to it to enable connections to be made thereto; and
(c) with sufficient vehicular and pedestrian access from a public highway; and "Prepared and Serviced” will be construed accordingly;
Primary Area means the parish of Treverbyn;
Primary School means the school to be provided within the Development for educating children between the ages of four and eleven with two forms of entry;
Primary School Site means a Prepared and Serviced parcel of land of 2.23 hectares in the location shown indicatively on Plan 5 and labelled “Primary School” capable of accommodating the Primary School, the exact location and details of which will be
-28 established within the relevant Reserved Matters Approvals;
Primary School Site Transfer Terms means the terms to be agreed between the Council and the Owner for Transfer of the freehold interest in the Primary School Site which must include:
(a) the consideration as agreed between the Parties which consideration will be calculated having regard to any available Government Funding or any other available subsidy or funding for providing the Primary School and the extent of construction of the Primary School at the time of the Transfer;
(b) the grant and reservation of rights of access and passages of services and right of entry reasonably necessary for the beneficial enjoyment of the Development and the use of the Primary School;
(c) the site to be free from encumbrances save for those matters contained on the registered title at the time of the Transfer or any overriding or priority interests and all other rights whether private or public already existing;
(d) subject to a restrictive covenant not to use the Primary School Site other than for education purposes; and
(e) subject to a covenant that if the Primary School Site should no longer be required for use for education purposes, freehold ownership of the Primary School Site must be first offered in writing for transfer back to the original transferor on the same terms as the original Transfer made pursuant to this Deed;
Primary School Specification means the detailed specification for the construction and provision of the Primary School which must be in accordance with
-29 the standard of accommodation necessary to accord with Building Bulletin 103 (or, subject to the agreement of the Owner, such replacement standard as may be issued and in force at the relevant time);
Project Ecologist means Middlemarch Environmental or such other appropriately qualified and expert ecologists appointed by the Owner;
Prosper Pit Detailed Management Plan means a plan setting out the detailed measures to be implemented within the Prosper Pit SAC Unit over a period of 5 years from the date of approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken in the Prosper Pit SAC Unit for the protection of Marsupella Profunda are provided, which plan must be consistent with the Prosper Pit Outline Management Plan and which plan must be informed by a recent Condition Assessment of the Prosper Pit SAC Unit;
Prosper Pit Outline Management Plan means a plan setting out the outline measures to be implemented within the Prosper Pit SAC Unit for a period of 20 years from the date of approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken in the Prosper Pit SAC Unit for the protection of Marsupella Profunda are provided, which plan must be informed by a recent Condition Assessment of the Prosper Pit SAC Unit;
Prosper Pit SAC Unit means the land outlined and shaded pink and labelled as the Prosper Pit on Plan 2;
Provided means in relation to an Affordable Dwelling:
(i) Completed on a Prepared and Serviced Site;
(ii) transferred to a Registered Provider or Alternative Provider (as applicable) by way of either freehold interest or by way of a lease of no less than 125 years; and
-30 (iii) notification of the transfer has been given to the Council;
and “Provide” and “Provision” shall be construed accordingly;
Public Community Space means that floorspace within the Development which is not used for purposes falling within Class C3 of the Town & Country Planning (Use Classes) Order 1987 (as amended)) and is open to, and/or provides a service to the public and which for the avoidance of doubt include the following uses: retail, education, health and community facilities, employment floorspace and associated open space;
Public Open Space Elements means each and all of the following:
(a) Parks and Amenity Space;
(b) Natural Space;
(c) Sports Facilities;
(d) Play Facilities;
(e) Teen Provision; and
(f) Allotments;
Public Open Space Strategy means a high level strategy to be submitted by the Owner to the Council detailing the proposed indicative locations, type and quantum (by area) of the Public Open Space Elements proposed to be provided within each Phase of the Development and any amendment to the same that may be agreed by the Council from time to time;
Qualifying Person means a person who (unless otherwise agreed with the Council) has on the date of Advertising of the relevant Affordable Dwelling an Area Local Connection with:
(a) the Primary Area; or
(b) if no person satisfying the requirement of (a) above has been identified by the Owner in consultation with the Council within a period of 28 Working Days of Advertising the relevant Affordable Dwelling, a person who has an Area Local
-31 Connection with the Primary Area or Secondary Area; or
(c) if no person satisfying the requirements of (a) or (b) has been identified by the Owner in consultation with the Council within a period of 56 Working Days of Advertising the relevant Affordable Dwelling a person who has an Area Local Connection with the Primary Area, Secondary Area or the Tertiary Area, or the County with priority given to the Primary Area, Secondary Area or Tertiary Area; or
(d) if no person satisfying the requirements of (a) to (c) has been identified by the Owner in consultation with the Council within a period of 70 Working Days of Advertising the relevant Affordable Dwelling a person who has an Area Local Connection with the Primary Area, Secondary Area or the Tertiary Area, or the County or a person who has the Minimum Local Connection;
Reasonable Endeavours means that the Party under such an obligation will not thereby be required to take proceedings (including any appeal) in any court public inquiry or other hearing (unless specified to the contrary) but subject thereto has pursued the following to the standard of that required of the relevant Party over a reasonable period of time in order to achieve the desired result:
(a) methods commercially and reasonably prudent and likely to achieve the desired result; and
(b) in the event a first reasonable attempt at securing the result has failed then (unless there are no reasonable alternatives) one further reasonable alternative such method of achieving the desired result.
PROVIDED THAT this shall not require any Party to sacrifice its own commercial
-32 interests, nor shall it require any Party to continue with such endeavours to comply if it is reasonable to conclude that all further efforts would be unlikely to be successful;
Reasonable Service Charge means, in relation to an Affordable Dwelling, a sum that covers the contributions required from time to time for those services and facilities which are of a nature and to a standard reasonably required in connection with the Affordable Dwelling including maintaining, repairing and keeping secure the relevant Affordable Dwelling and its common parts, the cleaning and lighting of common parts and the maintenance of any communal gardens or landscaping areas that directly benefit the Affordable Dwelling;
Registered Provider means a registered provider as defined in the Housing and Regeneration Act 2008 or any association or organisation from time to time permitted by law to provide Affordable Housing and approved by the Council or such other registered provider as may be approved by the Council;
Rent to Buy means the government scheme led by the HCA which allows working households to rent a home at an intermediate rent providing them with the opportunity to save for a deposit to purchase their first home, which scheme must be operated in accordance with the requirements set out in the Capital Funding Guide;
Reserved Matters Application means an application for approval of any matters reserved pursuant to a Condition;
Reserved Matters Approval means an approval of a Reserved Matters Application;
Residential Phase means a Phase that contains or is to contain Dwellings;
Residential Sub Phase means a Sub Phase that contains or is to contain Dwellings;
Retail Space means floorspace permitted for use for purposes falling within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended);
Sale Notice means a notice in the form set out and completed in accordance with Annex 2 of
-33 the Schedule 7 which contains details of the Affordable Dwelling(s) to be sold and which is delivered to the Council and clearly addressed to and marked for the urgent attention of the Head of the Planning and Sustainable Development Service;
School Operator means any body or entity which is authorised by the Department for Education (or relevant successor body fulfilling the same functions) to provide non-fee paying all-ability education to children of statutory school age;
Scredda Roundabout means the roundabout shown edged red and labelled Scredda Roundabout on Plan 8 ;
Scredda Roundabout Works means those works to the public highway which are to be carried out to the Scredda Roundabout as secured under the Highways Agreement;
Secondary Area means the parishes of Roche, St Stephen in Brannel, St Mewan, Carlyon, St Blaise and Luxulyan;
Section 73 Consent means a planning permission granted pursuant to Section 73 of the 1990 Act which varies and/or removes any Condition subject to which the Planning Permission is granted or condition subject to which any such planning permission is granted;
Self Build Housing Marketing Plan means an outline plan setting out the basic details of how it is proposed that no less than 5% of the Dwellings will be marketed to Self Builders by way of sale of Prepared and Serviced Sites appropriate for the construction of individual Self or Custom Build Dwellings and any amendment to the same that may be agreed by the Council from time to time;
Self Builders means an individual, an association of individuals or persons working with or for individuals or associations of individuals who construct dwellings to be occupied as homes by those individuals;
Self or Custom Build Dwellings means Dwellings constructed or to be constructed by Self Builders;
-34 Shared Ownership Dwellings means any Affordable Dwellings disposed of subject to a Shared Ownership Lease;
Shared Ownership Lease means a lease substantially in a form approved or published by the HCA whereby the tenant having paid an initial premium calculated by reference to a maximum of 75% of the Open Market Value of the particular Affordable Dwelling pays a rent in respect of the remaining equity held by the Owner plus (if appropriate) a Reasonable Service Charge and whereby the tenant may in successive tranches purchase up to 100% of the equity in the dwelling PROVIDED THAT the rent per annum will;
(a) initially be at a level not exceeding 2.5% of the full Open Market Value of the Registered Provider’s retained share of the relevant dwelling; and,
(b) not be at a level which is in conflict with any applicable HCA restrictions relating to charges payable by the tenant;
Site means the land shown edged red on Plan 1;
Site and Ecological Mitigation Land means a plan setting out the detailed Detailed Management Plan measures to be implemented over a period of 5 years from the date of approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken in the Site or in the Ecological Mitigation Land for the protection of Marsupella Profunda are provided, which plan must be consistent with the Site and Ecological Mitigation Land Outline Management Plan and which plan must be informed by a recent Condition Assessment of the Site and Ecological Mitigation Land;
Site and Ecological Mitigation Land Outline means a plan setting out the outline Management Plan measures to be implemented within the Site and the Ecological Mitigation Land over a period of 20 years from the date of approval of such plan to ensure that the measures identified in Section 7 of the Habitats Regulations Assessment to be undertaken in the Site or in the Ecological
-35 Mitigation Land for the protection of Marsupella Profunda are provided, which plan must be informed by a recent Condition Assessment of the Site and Ecological Mitigation Land
Sky Tips means those parts of the Site shown hatched red on Plan 6 at Schedule 14;
Slades Road means that part of Slades Road edged red and labelled Slades Road/Sandy Hill on Plan 8 ;
Slades Road Works means those works to the public highway which are to be carried out on Slades Road as secured under the Highways Agreement;
Specialist means a person qualified to act as an expert in relation to the arising under the terms of this Deed having not less than ten years’ professional experience in the area to which the dispute relates;
Sport England Guidance means the Play Pitch Strategy Guide issued by Sport England in October 2013 (or such other replacement guidance issued from time to time);
Sports Facilities means the outdoor sports pitches and playing fields to be provided within the Development for public use in a quantum of no less than (in aggregate) 40,155 square metres in accordance with the Sport England Guidance, some of which may be provided within the Primary School Site and/or shared with the Primary School;
Starter Home has the meaning given in section 2 of Chapter 1 of Part 1 of the Housing and Planning Act 2016 and any associated applicable regulations made pursuant to the Housing and Planning Act 2016 in respect of starter homes;
Strategic Framework Travel Plan means the framework travel plan prepared by WSP consultants dated December 2016 submitted with the Application;
Sub Phase means a part of a Phaseas shown on the Phasing Plan;
Subsidy means grant provided by the Council and/or the HCA to be applied to facilitating the provision of Affordable Housing;
-36 SUDs means sustainable urban draining systems;
SUDS Measures means the SUDs measures proposed for each Phase or Sub-Phase of the Development as set out in the Drainage Strategy;
Teen Provision means the land to be provided within the Development in a quantum (in aggregate) of no less than 840 square metres for the purposes of allowing teenagers to congregate and which may take the form of multi-use games areas, teen shelters, skate park facilities, basketball areas and/or any such other appropriate form as may be agreed by the Council;
Temporary Healthcare Facility means a temporary facility for the provision of healthcare services (which may be the temporary use of floorspace in the Development) within the Main Local Centre to accommodate one general practitioner, and to be provided no later than first Occupation of the 350th Dwelling until the earlier of first Occupation of the 850th Dwelling or provision of the Healthcare Facility;
Tenure Mix means the following mix and proportion of tenure types in accordance with which the Affordable Dwellings must be provided:
(a) 70% Affordable Rent Dwellings; and
(b) 30% Intermediate Dwellings;
or such other mix and proportion of tenure types as may be agreed with the Council;
Tertiary Area means St Austell Town;
Training and Apprenticeships Plan means an outline plan relating to provision of training courses and apprenticeships (or any amendment to the same as may be agreed by the Council from time to time) which must set out in basic terms proposals in relation to the following:
(a) the potential mechanisms for partnering on an informal or formal basis with local education providers in order to provide training initiatives and apprenticeships within the
-37 construction phase of the Development;
(b) the eligibility criteria for access to the training initiatives and apprenticeships that may be provided;
(c) the targets which the Owner must use Reasonable Endeavours to achieve in relation to the offering of training and apprenticeship initiatives within the construction phase of the Development;
(d) the steps and initiatives to be taken by the Owner in seeking to meet the plan targets;
(e) the monitoring and reporting arrangements under which the Owner will report to the Council on progress on achievement of the targets; and
(f) steps to remedy any failure to meet the targets;
Transfer means a transfer of the freehold interest or grant of a long leasehold interest of no less than 25 years as the context may require and “Transferred” will be construed to mean the date on which such transfer legally occurred and in relation to the Primary School means a transfer pursuant to the Primary School Site Transfer Terms;
Transport and Movement Contribution means the sum of £2,340,000 to be paid by the Owner to the Council in Index Linked instalments as set out in and pursuant to paragraph 2 of Schedule 5 to be applied by the Council in the following (principal) amounts to the following purposes:
Sum Purpose
£1.5 Million (Index provision of the Linked) Enhanced Number 27 Bus Route;
£720,000 (Index upgrading Existing Linked) Clay Trails for use
-38 by utility and e- bikes;
£120,000 (Index extending the Linked) cycle trail network towards Stenalees, Penwithick and Treverbyn;
or such other distribution of sums to these specified purposes as may be agreed between the Council and the Owner PROVIDED THAT the Council may not at any time require the total contribution to exceed £2,340,000 (excluding any sums arising from Index Linking);
Transport and Movement Strategy means a high-level strategic plan setting out the programme timing and delivery of the matters set out below (or any amendment of the same as may be agreed by the Council from time to time), which plan must in all respects accord with the relevant provisions and requirements of Schedule 5:
(a) Phase Specific Travel Plans;
(b) Enhanced Number 27 Bus Route and linkage into the Site of the Existing Bus Routes ;
(c) Pedestrian Connections;
(d) Cycle Access Routes;
(e) cycle charging facilities; and
(f) electric motor vehicle charging facilities;
Tregonissey Junction means the junction shown edged red and labelled Tregonissey Crossroads on Plan 8 ;
Tregonissey Junction Works means those works to the public highway which are to be carried out to the Tregonissey Junction as secured under the Highways Agreement;
Working Day means a day other than a Saturday or Sunday or a public holiday.
1.2 Where in this Deed reference is made to a clause, paragraph, schedule or plan it is to a clause, paragraph, schedule or plan in this Deed and unless the contrary is expressed, references within a schedule to a paragraph is a reference to a paragraph within that schedule.
-39 1.3 Headings used in this Deed are an aid to interpretation only and do not form part of this Deed.
1.4 Except where expressly stated to the contrary a reference to any statute or statutory provision shall be construed as a reference to the same as it may from time to time be amended, modified or re enacted.
1.5 Words incorporating the singular include the plural and vice versa and words importing any gender include every gender.
1.6 Words importing persons include firms, companies, other corporate bodies or legal entities and vice versa.
1.7 References to the Owner shall include reference to its successors in title and persons deriving title from it and its permitted assigns and references to the Council shall include its statutory successors.
1.8 References to “Parties” shall mean the parties to this Deed and reference to “Party” shall mean any one of the parties.
1.9 Words denoting an obligation on a Party to do any act matter or thing include an obligation to procure that it be done and words placing a Party under a restriction include an obligation not to cause permit or suffer any infringement of the restriction.
1.10 Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
2 Statutory Provisions
2.1 This Deed is made pursuant to Section 106 of the 1990 Act, Section 278 Highways Act 1980, Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling acts relevant to the purpose of giving validity to this Deed or for the enforcement of the obligations contained herein.
2.2 The covenants, restrictions and requirements imposed upon the Owner under this Deed create planning obligations pursuant to Section 106 of the Act and are jointly and severally enforceable against the Owner by the Council save for where such covenants, restrictions and requirements imposed under this Deed are expressed to apply to a Phase and/or are framed so as to apply or be complied with on a Phase-by-Phase basis (which shall include the Phased Obligations) in which case those obligations will only be enforceable against those with an interest in the Phase or Sub Phase to which that covenant, restriction or requirement relates.
2.3 The covenants, restrictions and requirements in Schedules 2 to 9 (inclusive) and 12 will bind the Site.
2.4 The covenants, restrictions and requirements in Schedule 10 relating to the Ecological Mitigation Measures will bind the Site and the Ecological Mitigation Land.
2.5 The covenants, restrictions and requirements in Schedule 11 relating to the Marsupella Profunda will bind the Site, the Ecological Mitigation Land, the Baal Pit SAC Unit and the Prosper Pit SAC Unit.
-40 3 Conditionality
3.1 This Deed will come into effect immediately upon completion save as follows:
(a) clauses [ ] which will be condition upon the grant of Planning Permission; and
(b) clauses [ ] which will be condition upon Commencement of the Development.
4 Obligations of the Owner
4.1 The Owner covenants with the Council:
(a) to pay to the Council on completion of this Deed the reasonable legal costs of the Council incurred in the negotiation, preparation and creation of this Deed;
(b) to pay to the Council on the completion of this Deed the Council’s Monitoring Costs; and
(c) (subject to clause 3) to comply with the obligations on its part contained in this Deed (including the Schedules and Annexes) at the times and in the manner provided therein.
5 The Council Covenants
5.1 The Council covenants with the Owner to comply with the obligations on its part contained in this Deed (including the Schedules and Annexes) at the times and in the manner provided therein.
6 Monitoring Information and Monitoring Costs
6.1 The Owner must notify the Council in writing of the following within 20 Working Days of that event occurring:
(a) Commencement of Development; and
(b) Commencement of each Phase.
6.2 The Owner must prepare and provide an Annual Monitoring Report to the Council on an annual basis detailing for the period of 12 months prior to the date of the report the following matters for the Development:
(a) number of Dwellings Completed and Occupied;
(b) number of Affordable Dwellings Completed (including tenure) and Occupied;
(c) subject to the Owner being able to obtain the information, the general demographic of Occupiers (not including specific details of each Occupier and for the avoidance of doubt the Owner will not be required to provide any information that would result in the Owner being in breach of any obligations it may have under any data protection or other legislation that may be in force at the relevant time);
(d) number of jobs/businesses in the Development and whether those jobs have been taken by Local People or Local Businesses;
(e) details of any payments made pursuant to this Deed.
6.3 The Owner must submit the Annual Monitoring Reports as follows;
(a) in the case of the first report, no later than the date 12 months from the Commencement Date;
(b) in the case of each subsequent report, within 20 Working Days of each anniversary of submission of the first report;
(c) in the case of the final return, within 20 Working Days of Completion of the Development to cover the period from the last report until the date of submission.
7 Enforceability and Enforcement of Obligations
-41 7.1 The obligations contained in this Deed will not be binding upon nor enforceable against:
(a) any individual owner, tenant or occupier of any Market Dwelling and their successors in title and their mortgagee (or any receiver appointed by such mortgagee) and any person who is a successor in title or derives title through or under any such mortgagee (or such receiver);
(b) any individual owner, tenant or occupier of any Non Residential Unit and their successors in title and mortgagee (or any receiver appointed by such mortgagee) and any person who is a successor in title or derives title through or under any such mortgagee (or such receiver); and
(c) any statutory undertaker or other person who acquires any part of the Site or interest therein for the purposes of the supply of electricity gas water drainage telecommunication services or public transport services within or from the Site and for no other purpose.
7.2 The obligations contained in this Deed save for the obligations contained in paragraphs, 3.2 (but subject to the qualifications set out in paragraph 5 of Schedule 7) 3.4 and 6 to 9 inclusive of Schedule 7 shall not be binding upon nor enforceable against any individual owner, tenant or occupier of any Affordable Dwelling and their successors in title and their mortgagee (or any receiver appointed by such mortgagee) and any person who is a successor in title or derives title through or under any such mortgagee (or such receiver).
7.3 No person will be liable for any breach of the planning obligations or other provisions contained in this Deed occurring after it has parted with its interest in the Site, Baal Pit SAC Unit, Prosper Pit SAC Unit and the Ecological Mitigation Land or the part in respect of which such breach occurs (but without prejudice to the liability of such person for any breach occurring prior to its parting with such interest) and in respect of any Phased covenants and the Phased Obligations no person will be liable for any breach of the planning obligations in relation to that Phase other than those with a material legal interest in that Phase.
7.4 Where the Council becomes aware of a breach or non-compliance with a provision of this Deed it will be entitled (without prejudice to or limitation of any other enforcement options open to it) to serve notice of such breach upon the Owner and the notice of breach must state the nature of the breach, the steps required to remedy the breach and a reasonable timescale for remedying the breach.
7.5 The Owner must within 20 Working Days of receiving the said notice (without prejudice to or limitation of any other actions open to it) give written notification to the Council of its response to the notice including any claim that it will remedy the breach within the stated timescale, that the timescale is too short or that it rejects the notice for the reason that no breach has occurred and explanation of why it believes this to be case.
7.6 In the event of a dispute arising regarding the notice of breach the matter must be determined by a Specialist through the dispute resolution procedure in Clause 11 of this Deed.
8 VAT
8.1 All consideration given in accordance with the terms of this Deed will be exclusive of any VAT properly payable in respect thereof.
9 Interest
9.1 If any payment due under this Deed is paid over 30 Working Days late then Interest will be payable from the date payment was due to the date of actual payment.
10 Notices
10.1 Any notice or other communication to be given under or in connection with this Deed must be in writing, which for this purpose will not include e-mail and should be addressed as provided in clause 10.4.
-42 10.2 Where sent by post, the notice or communication shall be sent by registered post or such other form of postage which requires a signature upon delivery and any other form of postage will not be effective for the purposes of this Deed.
10.3 Any such notice or other communication, if so addressed, will be deemed to have been received as follows:
(a) if delivered by hand, upon delivery at the relevant address except that where any such notice or other communication is delivered by hand after 4 p.m. such notice or other communication will be deemed to be received at 9.00 a.m. on the next following Working Day;
(b) if sent by post, at 9.00 a.m. on the second Business Day after the date of posting PROVIDED THAT if clear evidence is produced by the recipient that the notice or communication was delivered after the second Working Day following its posting, then the date of delivery will be the actual date of delivery; and
(c) if sent by facsimile, when successfully transmitted except that where any such notice or other communication is or would otherwise be deemed to be received after 4 p.m., such notice or other communication will be deemed to be received at 9.00 a.m. on the next following Working Day.
10.4 Subject to clause 10.3 the address, facsimile number, relevant addressee and reference for each party are:
For the Council:
Address: Cornwall Council
New County Hall
Treyew Road
Truro TR1 3AY
Relevant addressee: Phil Mason
Service Director Planning and Sustainable Development;
Reference: PA14/ 12186
Land at West Carclaze and Baal Carluddon St Austell
For the Owner and Developer:
Address: Par Moor Centre, Par Moor Road, Par Cornwall, PL24 2SQ or such other address as the Owner and Developer may otherwise notify the Council
Relevant addressee: John Hodkin
-43 10.5 A Party may give notice of a change to its name, address, facsimile number or relevant addressee for the purposes of this clause provided that such notification will only be effective on:
(a) the date specified in the notification as the date on which the change is to take place; or
(b) if no date is specified or the date specified is less than 5 clear Working Days after the date on which notice is received or deemed to be received, the fifth Working Day after notice of any such change is given.
11 Dispute Resolution Procedure
11.1 Subject always to clause 11.8, if any dispute arises relating to or arising out of the terms of this Deed, either Party may give to the other Party or Parties a Determination Notice.
11.2 The Specialist will be appointed by agreement between the Parties or (if within 10 Working Days after service of the Determination Notice the Parties have been unable to so agree then on the application of any of the Parties) by such a person as the Parties shall agree to be appropriate having regard to the nature of the dispute or difference in question.
11.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of either party to the President or next most senior available officer of the Law Society who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 11.4.
11.4 Any dispute over the identity of the Specialist is to be referred at the request of either party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society.
11.5 The Specialist is to act as an independent expert and:
(a) each party may make written representations within 10 Working Days of his appointment and will copy the written representations to the other party;
(b) each party is to have a further 10 Working Days to make written comments on the other's representations and will copy the written comments to the other party;
(c) the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require;
(d) the Specialist is not to take oral representations from the parties without giving both parties the opportunity to be present and to give evidence and to cross-examine each other;
(e) the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and
(f) the Specialist is to use all Reasonable Endeavours to publish his decision within 30 Working Days of his appointment.
11.6 Except where stated to the contrary in this Deed, responsibility for the costs of referring a dispute to a Specialist under this clause 11, including costs connected with the appointment of the Specialist, the Specialist’s own costs and other professional costs of any party in relation to a dispute, will be decided by the Specialist.
11.7 The Specialist’s decision will (save in the case of fraud or manifest error) be final and binding on the Parties.
-44 11.8 This clause 11 will not apply to disputes relating to matters of law or the construction or interpretation of this Deed which will only be subject to the jurisdiction of the courts of England.
12 Contracts (Rights of Third Parties) Act 1999
12.1 Save in the case of successors in title to and persons deriving title from the Owner (who are bound by this Deed) a person who is not a Party to this Deed will not have any right to enforce any term of this Deed under the Contract (Rights of Third Parties) Act 1999. For the avoidance of doubt this will be the case even where the terms are expressed to be for the benefit of another party, nor will any such third party have any rights of approval in regard to or over any future variations to this Deed.
13 Miscellaneous
13.1 Each clause, sub-clause or schedule will be separate distinct and severable from each other to the extent only that if any clause, sub-clause or schedule becomes or is invalid because of a change of circumstances or any other unforeseen reasons or if any one or more of such clause, sub-clause or schedule will be held by the Courts to be void for any reason whatsoever but would be valid if severed or any wording was deleted or any time period reduced or scope of activities or area covered diminished then the Parties will each co-operate and act reasonably so as to agree necessary modifications in such circumstances so as to give effect to the intentions of the original provisions and to ensure such clause sub-clause schedule or paragraph be valid will apply without prejudice to any other clause, sub-clause or schedule contained herein.
13.2 If the Planning Permission expires before the Development has begun within the meaning of Sections 91, 92 or 93 of the 1990 Act or is quashed or revoked or is otherwise withdrawn without the consent of the Owner or its successors in title this Deed will have no further effect thereupon.
13.3 Nothing in this Deed will be construed as prohibiting or limiting any right to develop the Site or any part of it in accordance with a planning permission (other than the Planning Permission) granted by the Council or by the relevant Secretary of State on appeal or by reference to him after this date.
14 Future consents
14.1 Subject to the proviso to this clause if any Section 73 Consent is granted after the date of this Deed:
(a) obligations in this Deed will relate to and bind such Section 73 Consent;
(b) the definitions of Planning Application, Development and Planning Permission (other than for the purposes of clause 1) will be construed to include reference to (respectively) the planning application for the Section 73 Consent, the development permitted by the Section 73 Consent and the Section 73 Consent itself,
PROVIDED THAT:
(c) nothing in this clause will fetter the discretion of the Council in determining any planning application for a Section 73 Consent and the appropriate planning obligations required in connection with the determination of the same;
(d) to the extent that any of the obligations in this Deed have already been discharged at the date that a Section 73 Consent is granted they will remain discharged for the purposes of the Section 73 Consent; and
(e) nothing in this clause will prevent completion of a separate planning obligation by deed of agreement in connection with any Section 73 Consent if the Council (acting reasonably) considers it necessary to do so or in the event that certain obligations in this Deed (save for the amendments to definitions in Clause 1) require amendment to reflect the changes sought under the Section 73 Consent.
-45 15 Transfer of Land
15.1 Where any land is Transferred to the Council or a nominee of the Council or any other party named in this Deed pursuant to the provisions of this Deed such Transfer will (subject to any express provisions in this Deed to the contrary) be on the usual terms and conditions for such transactions and will include covenants for the benefit of the retained land requiring that the Transferred land only be used for the purpose for which it is Transferred and that the land be kept in a clean and tidy condition save that such obligation (to keep in clean and tidy condition) will cease on Commencement of construction of the works for which the land has been Transferred.
15.2 Where any land is Transferred to the Council or a nominee of the Council or any other party named in this Deed pursuant to the provisions of this Deed such Transfer will be subject to a provision which expressly provides the Owner with an option for the land to be returned to its ownership in the event that the land Transferred is no longer required for the purpose which it was Transferred under this Deed and such Transfer will be made on like terms and will not be subject to any onerous or unusual terms or subject to any consideration greater than that for which the land was originally Transferred.
16 Approvals
16.1 Where an Approval is required by the Owner from the Council under the terms of this Deed such Approval must be in writing unless expressly stated otherwise within this Deed and must not be unreasonably withheld or delayed.
16.2 Where it is provided in this Deed that an Approval is required by any of the Parties and a timescale for such Approval being given is not specified, the relevant provision will be deemed to be subject to a proviso that the Party in receipt of the submission and/or request for Approval must proceed expeditiously to consider such submission and/or request and if a decision is not issued within a period of 20 Working Days following the date of the submission or request for the Approval in question, then the Approval will be deemed to have been given.
16.3 Where any Party refuses to give an Approval then reasons for that decision must at the request of any other Party be provided in writing and any dispute arising in relation to an Approval and/or refusal to give the save may be referred to a Specialist for determination pursuant to clause 11.
17 Duty to act reasonably and in good faith
17.1 The Parties agree with one another to act reasonably and in good faith in the fulfilment of the obligations in this Deed.
18 Waiver
18.1 No waiver (whether expressed or implied) by the Council or Owner of any breach or default in performing or observing any of the covenants terms or conditions of this Deed will constitute a continuing waiver and no such waiver will prevent the Council from enforcing any of the relevant terms or conditions or for acting upon any subsequent breach or default.
19 Mortgagees
19.1 Any future mortgagee of the Site will have no liability under this Deed unless it takes possession of the Site as a mortgagee in possession in which case the mortgagee will be bound by the obligations in this Deed as if it were a person deriving title from the Owner.
20 Plans and Strategies
20.1 Save for in respect of the Marsupella Profunda Plans, any plan or strategy referred to herein shall be deemed to include any amendment or update to, or substitution of, the same PROVIDED THAT any such amendment, update or substitution has first been agreed between the Parties.
-46 21 Jurisdiction
21.1 This Deed is governed by and interpreted in accordance with the law of England and the Parties submit to the non-exclusive jurisdiction of the courts of England.
22 Delivery
22.1 The provisions of this Deed (other than this clause which will be of immediate effect) will be of no effect until this Deed has been dated.
In witness whereof the Parties hereto have executed this Deed on the day and year first before written.
-47 SCHEDULE 1
Draft Planning Permission
-48 SCHEDULE 2
Phasing
1 Phasing Plan
1.1 The Owner must not Commence Development until a Phasing Plan has been submitted to and approved in writing by the Council.
1.2 The Owner must not carry out the Development save in accordance with the Phasing Plan (or any revised Phasing Plan) that has been submitted to and approved by the Council).
1.3 Unless otherwise agreed by the Council, the first Residential Phase of the Development must not include more than 350 Dwellings.
-49 SCHEDULE 3
Education
1 Primary School
1.1 Subject to the further provisions of this paragraph 1 the Owner must reserve a Primary School Site for the duration of the construction phase of the Development for the purposes of accommodating the Primary School PROVIDED THAT the Owner may agree with the Council to substitute the Primary School Site for other Prepared and Serviced parcels of land of an equivalent size elsewhere within the Site.
1.2 From the date of this Deed the Council and the Owner must work together to obtain Government Funding to construct the Primary School and if Government Funding is received for all or part of the costs of provision of the Primary School the parties hereby agree and declare (including any nominee or School Operator) to apply that funding to the provision of the Primary School.
1.3 No more than 150 Dwellings (or such other higher number of Dwellings as may be agreed by the Council in consultation with any School Operator whose responsibility it will be to operate the Primary School) may be Occupied until the Premises for the first form of entry of the Primary School is Completed in accordance with a Primary School Specification approved by the Council and the Primary School Site has been Transferred to the Council or the relevant School Operator.
1.4 No more than 538 Dwellings (or such other higher number of Dwellings as may be agreed by the Council) may be Occupied until the Premises for the second form of entry of the Primary School is Completed.
Rights of access
1.5 The Owner will be entitled to use and enjoy the whole and any part of the Primary School Site for any purpose not involving permanent built development at all times until it is required for the provision of the Primary School having regard to the need to Transfer the Primary School Site as a Prepared and Serviced Site.
1.6 At all times following Transfer of the Primary School Site the Owner will at no cost to the Council ensure that the Primary School Site is provided with access sufficient for construction purposes.
1.7 The Owner will at no cost to the Council ensure that prior to first admission of pupils to the Primary School the Primary School Site will be provided with free and unfettered rights and means of safe access for vehicles and pedestrians during and after construction.
-50 SCHEDULE 4
Community and Health Facilities
1 Community and Health Facilities
1.1 Prior to the submission of any Reserved Matters Application that proposes Dwellings the Owner must submit a Community and Health Facilities Strategy to the Council for approval.
1.2 The Owner must implement the approved Community and Health Facilities Strategy.
Healthcare Facility
1.3 Subject to approval of the Community and Health Facilities Strategy and for a period of no less than 6 months the Owner must:
(a) market the Healthcare Facility in accordance with the approved Community and Health Facilities Strategy; and
(b) use Reasonable Endeavours to grant a Healthcare Facility Lease to a Healthcare Provider.
1.4 The Owner must not Occupy or permit Occupation of more than 350 Dwellings until either the Healthcare Facility has been Completed and Transferred to a Healthcare Provider or the Temporary Healthcare Facility has been provided.
1.5 The Owner must not Occupy or permit Occupation of more than 850 Dwellings until either:
(a) the Healthcare Facility has been Completed and Transferred to a Healthcare Provider; or
(b) if a Healthcare Facility Lease has not been entered into for the Healthcare Facility , the Council has confirmed in writing that it is satisfied that the Owner has used Reasonable Endeavours to market the Healthcare Facility in accordance with the approved Community and Healthcare Facilities Strategy and paragraph 1. 3 above but has been unable to agree reasonable terms with a Healthcare Provider despite having used its Reasonable Endeavours to do so.
1.6 If the Council has served written notice pursuant to 1.5(b) above the Owner will be released from any obligations in relation to the Healthcare Facility in paragraphs 1.3 to 1.5 of this Schedule but must only use such floorspace for such other purposes as may be agreed with the Council and subject to obtaining any Necessary Consents.
Community Centre
1.7 Subject to approval of the Community and Health Facilities Strategy and for a period of no less than 6 months the Owner must:
(a) market the Community Centre in accordance with the Community and Health Facilities Strategy; and
(b) use Reasonable Endeavours to grant the Community Centre Lease to a Community Centre Provider.
1.8 The Owner must not Occupy or permit Occupation of more than 350 Dwellings until:
(a) the Community Centre has been Completed and Transferred to a Community Centre Provider in accordance with a Community Centre Lease and evidence of the same has been provided to the Council; or
(b) in the event that a Community Centre Lease has not been entered into with a Community Centre Provider pursuant to paragraph 1.8(a) the Owner must manage and operate the Community Centre at its own cost until such time as a Community Centre Lease is entered into with a Community Centre Provider.
-51 Police Facility
1.9 The obligations in paragraphs 1.10 to 1.13 relating to the Police Facility will not apply if following consultation with the Police Force in accordance with the Community and Health Facilities Strategy the Police Force confirms in writing that it does not require a Police Facility within the Community Hub and evidence of the same has been provided to the Council.
1.10 The Owner must use its Reasonable Endeavours for a period of no less than 6 months from the date on which the Police Force confirms it requires the Police Facility within the Community Hub to enter into a Police Force Lease with the Police Force.
1.11 The Owner must not Occupy or permit Occupation of more than 350 Dwellings until either:
(a) the Police Facility has been Completed and Transferred to the Police Force in accordance with the terms of a Police Facility Lease and evidence of the same has been provided to the Council; or
(b) if a Police Facility Lease has not been entered into for the Police Facility, the Council has confirmed in writing that it is satisfied that the Owner has used Reasonable Endeavours to enter into a Police Facility Lease but has been unable to agree reasonable terms with the Police Force despite having used its Reasonable Endeavours to do so.
1.12 If the Council has served written notice pursuant to 1.11(b) above the Owner will be released from any obligations in relation to the Police Facility in paragraphs 1.10 to 1.11 of this Schedule but must only use such floorspace for such other purposes as may be agreed with the Council and subject to obtaining any Necessary Consents.
1.13 If a Police Facility Lease is granted pursuant to this Schedule and such lease is determined early in accordance with the terms of the lease then the Owner must only use the floorspace for such uses as the Council agrees and subject always to first obtaining any Necessary Consents.
Library Facility
1.14 The obligations in paragraphs 1.15 to 1.17 relating to the Library Facility will not apply if following consultation with the Council in accordance with the Community and Health Facilities Strategy the Council confirms in writing that it does not require a Library Facility within the Community Hub.
1.15 The Owner must use its Reasonable Endeavours for a period of no less than 6 months from the date on which the Council confirms it requires the Library Facility within the Community Hub to enter into a Library Lease with the Council.
1.16 The Owner must not Occupy or permit Occupation of more than 350 Dwellings until either:
(a) the Library Facility has been Completed and Transferred to the Council in accordance with the terms of a Library Lease and evidence of the same has been provided to the Council; or
(b) if a Library Facility Lease has not been entered into for the Library Facility, the Council has confirmed in writing that it is satisfied that the Owner has used Reasonable Endeavours to enter into a Library Facility Lease but has been unable to agree reasonable terms with the Council despite having used its Reasonable Endeavours to do so.
1.17 If the Council has served written notice pursuant to 1.16(b) above the Owner will be released from any obligations in relation to the Library Facility in paragraphs 1.15 to 1.16 of this Schedule but must only use such floorspace for such other purposes as may be agreed with the Council and subject to obtaining any Necessary Consents.
1.18 If a Library Lease is entered into pursuant to this Schedule and such lease is determined early in accordance with the terms of the lease then the Owner must only use the space for such uses as the Council agrees and subject always to first obtaining any Necessary Consents.
-52 Pharmacy
1.19 Upon approval of the Community and Health Facilities Strategy and for a period of no less than 6 months the Owner must:
(a) market the Pharmacy in accordance with the Community and Health Facilities Strategy; and
(b) use Reasonable Endeavours to grant the Pharmacy Lease to a Pharmacy Provider for the Pharmacy.
1.20 The Owner must not Occupy more than 350 Dwellings until either:
(a) a Pharmacy Lease has been entered into for the Pharmacy and evidence of the same has been provided to the Council; or
(b) if a Pharmacy Lease has not been entered into for the Pharmacy, the Council has confirmed in writing that it is satisfied that the Owner has used Reasonable Endeavours to market the Pharmacy in accordance with the Community and Health Facilities Strategy but has failed to agree terms with a Pharmacy Provider despite having used its Reasonable Endeavours to do so.
1.21 If the Council has served written notice pursuant to 1.20(b) above the Owner will be released from any obligations in relation to the Pharmacy in paragraphs 1.19 to 1.20 of this Schedule but must only use such floorspace for such other purposes as may be agreed with the Council and subject to obtaining any Necessary Consents.
1.22 If a Pharmacy Lease is determined early in accordance with the terms of the lease then the Owner must only use the space for such uses as the Council agrees subject always to first obtaining any Necessary Consents.
-53 SCHEDULE 5
Transport and Movement
1 Transport and Movement Strategy
1.1 Prior to the submission of any Reserved Matters Application that proposes Dwellings the Owner must submit the Transport and Movement Strategy to the Council.
1.2 The Owner must comply with the approved Transport and Movement Strategy (or any amendment to the same as may be approved by the Council) from the date of receipt of approval and must not carry out the Development otherwise than in accordance with the approved Transport and Movement Strategy.
2 Transport and Movement Contribution
2.1 The Owner must pay the Transport and Movement Contribution to the Council in the following instalments:
(a) a sum equal to £1,902.50 (Index Linked) multiplied by the number of Dwellings in excess of 270 provided in the first Residential Phase to be Commenced, must be paid no later than Occupation of the last Dwelling to be Occupied in that Phase; and
(b) thereafter, for each subsequent Residential Phase a sum equal to £1,902.50 (Index Linked) multiplied by the number of Dwellings provided, must be paid to the Council in relation to each Residential Phase no later than Occupation of the last Dwelling to be Occupied in the Phase in question.
3 Highways Works
3.1 The Owner must enter into the Highways Agreement within 15 Working Days hereof.
4 Phase Specific Travel Plans
4.1 The Owner must not Occupy or permit Occupation of any Dwelling in a Phase until a Phase Specific Travel Plan has been submitted to and approved by the Council for the Phase in question.
4.2 Unless otherwise agreed in writing, the Owner must implement and comply with the provisions of each Phase Specific Travel Plan as approved by the Council.
5 Clay Trails
5.1 The Owner must submit the Clay Trails Extensions Plan to the Council for approval prior to the Occupation of 750 Dwellings and the Owner must not Occupy or permit Occupation of more than 1000 Dwellings until the Clay Trails Extensions Plan has been approved by the Council.
5.2 The Owner must not Occupy or permit the Occupation of more than 1,200 Dwellings until the Owner has Completed the approved Clay Trails Extensions in accordance with the Clay Trails Specification and approved Clay Trails Extensions Plan.
5.3 On Completion of the approved Clay Trails Extensions (or each part thereof as the case may be) the Owner must permit public access across the Clay Trails Extensions PROVIDED THAT the Owner will be entitled at its discretion to close all or any part of the approved Clay Trails Extensions for a period up to 7 Working Days a year or effect such other measures as are necessary to ensure that no public rights are accrued or arise SUBJECT TO, in respect of any closures, the Owner first notifying the Council of any planned closures, the duration of those closures and the reason why those closures are required.
-54 5.4 The Owner must maintain the Clay Trails Extensions in accordance with the Clay Trails Extensions Plan unless and until the Owner and the Council agree to the public adoption of the Clay Trails Extensions within the Site such that those such routes become maintainable at public expense.
6 Pedestrian Connections and Cycle Access Routes
6.1 The Owner covenants with the Council to provide the approved Pedestrian Connections and approved Cycle Access Routes (if any) in a Phase prior to Occupation of more than 50% of the Dwellings in the relevant Phase and the Owner must not Occupy or permit the Occupation of more than 50% of the Dwellings in a Phase until the same have been provided.
7 Public Transport
7.1 The Owner will work with the Council to facilitate the linkage into the Site of Existing Bus Routes.
7.2 The Owner must grant to the Council (or its nominee or the Bus Provider) reasonable access and rights for the purposes of installing Bus Infrastructure on the Site PROVIDED ALWAYS that the Council (or its nominee or the Bus Provider) has obtained the prior approval of the Owner and has obtained all Necessary Consents to install such Bus Infrastructure.
8 Cycle Facilities
8.1 The provisions in paragraphs 8.3 – 8.7 inclusive only apply to Phases which contain Public Community Space.
8.2 The Owner must not Occupy or permit Occupation of any Dwelling unless it has been fitted with appropriate facilities for charging electric cycles and in the case of Dwellings that are Flats, no Flat may be Occupied until it has access to shared private facilities for charging electric cycles.
8.3 The Owner must not Occupy or permit the Occupation of any Dwelling in a Phase until the Owner has submitted a plan to the Council identifying the indicative location of publicly accessible electric cycle charging facilities to be provided in the relevant Phase or, if in the opinion of the Owner there are no suitable locations for publicly accessible electric cycle charging facilities within a particular Phase, the Owner must not permit Occupation of any Dwelling in that Phase until the Council has agreed the same in writing, in which case the restrictions in paragraph 8.4 will not apply.
8.4 Subject to paragraph 8.3, the Owner must not Occupy or permit the Occupation of the relevant part of the Phase on which the charging points are to be located until the installation of the publicly accessible electric cycle charging facilities in that Phase have been provided and are available for use by the public.
8.5 If the Owner and the Council agree that there is no suitable location for publicly accessible electric cycle charging facilities within a Phase there will be no further obligation on the Owner to provide additional electric cycle charging facilities in that Phase save for those installed in accordance with the terms of paragraph 8.2.
8.6 The Owner will use Reasonable Endeavours for a period of no less than 6 months from commencement of construction works of the first Dwelling in the final Phase to enter into an agreement with a Cycle Hire Operator to provide a Cycle Hire Facility within the Development for a period of no less than 3 years.
8.7 Subject to entry into an agreement with a Cycle Hire Operator pursuant to paragraph 8.6, the Owner will use Reasonable Endeavours to procure the opening of the Cycle Hire Facility to the Occupiers of the Development within 24 months of first Occupation of the first Dwelling in the final Phase.
9 Electric Cars
9.1 The provisions in paragraphs 9.3 and 9.4 only apply to Phases which contain Public Community Space.
-55 9.2 The Owner must not Occupy or permit Occupation of any Dwelling unless it has been fitted with appropriate facilities for charging electric cars and in the case of Dwellings that are Flats, no Flat may be Occupied until it has access to shared private facilities for charging electric cars.
9.3 The Owner must not Occupy or Permit the Occupation of any Dwelling in a Phase until the Owner has submitted a plan to the Council identifying the indicative location of the publicly accessible facilities for the charging of electric cars to be provided in the relevant Phase or, if in the opinion of the Owner there are no suitable locations for publicly accessible facilities for charging electric cars within a particular Phase, the Owner must not permit Occupation of any Dwelling in that Phase until the Council has agreed the same in writing, in which case the restrictions in paragraph 9 will not apply.
9.4 Subject to paragraph 9.3, the Owner must not Occupy or permit the Occupation of the relevant part of the Phase on which the charging points are to be located until the installation of the publicly accessible facilities for the charging of electric cars in that Phase have been completed and are available for use by the public.
10 Car Club
10.1 Prior to Occupation of more than 350 Dwellings the Owner must submit to the Council for approval the Car Club Scheme and must not Occupy or permit Occupation of more than 500 Dwellings until the Council has approved the Car Club Scheme.
10.2 Subject to paragraph 10.3, the Owner must implement the approved Car Club Scheme.
10.3 Where it is shown to the Council’s reasonable satisfaction that it is no longer possible to implement the Car Club Scheme or it is not possible to enter into an agreement with a Car Club Provider because it would not be viable to do so paragraphs 10.1 and 10.2 will be of no further effect
11 Air Quality
11.1 Subject to paragraph 11.2, the Owner must not Occupy or permit Occupation of more than 750 Dwellings until the Owner has paid the Air Quality Contribution to the Council
11.2 The Owner may elect to provide specific on-Site mitigation measures equivalent in financial value to the Air Quality Contribution in lieu of paying the Air Quality Contribution PROVIDED THAT the Owner:
(a) submits details of the proposed air quality mitigation measures it proposes to provide and the timescale for their delivery;
(b) secures approval of the same from the Council prior to the date on which the payment pursuant to paragraph 11.1 is due; and
(c) implements the air quality mitigation measures approved by the Council within the approved timescale.
11.3 If the approved air quality mitigation measures are not completed within the approved timescales the Owner must pay the Air Quality Contribution to the Council within 20 Working Days of the approved timescales expiring.
-56 Annex 1 to Schedule 5
Clay Trails Specification
-57 Annex 2 to Schedule 5
Section 278 Agreement
-58 SCHEDULE 6
Green Infrastructure
1 Green Infrastructure Plan
1.1 The Owner must submit a Green Infrastructure Plan and a Green Infrastructure Management Plan for approval to the Council prior to submission of the first Reserved Matters Application that proposes Dwellings and must not Occupy or permit Occupation of more than 250 Dwellings until the Council has approved a Green Infrastructure Plan and a Green Infrastructure Management Plan.
1.2 The Owner must deliver the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure in accordance with the approved Green Infrastructure Plan and the approved Green Infrastructure Management Plan and the timescales set therein for delivery.
1.3 For the avoidance of doubt any Public Open Space Elements provided within the Green Infrastructure must be provided in accordance with the provisions (including the timescales for delivery) set out within the approved Green Infrastructure Plan and must be managed and maintained in accordance with the approved Green Infrastructure Management Plan.
2 Land Trust
2.1 The Owner must not Occupy or permit Occupation of more than 177 Dwellings until the Owner has:
(a) submitted details of the identity and structure of a proposed Land Trust to manage and maintain the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure to the Council and secured approval of the same; and
(b) submitted details of the proposed funding streams to be secured by the Land Trust to manage and maintain the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure in accordance with the approved Green Infrastructure Management Plan for a period of no less than 15 years and secured approval of the same.
2.2 As soon as practicable after securing approval of the Council under paragraph 2.1(a) and (b) the Owner must procure the management and maintenance of the Green Infrastructure and any Public Open Space Elements located in the Green Infrastructure in accordance with the approved Green Infrastructure Management Plan by the Land Trust and must Transfer the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure to the approved Land Trust.
2.3 The Owner must manage and maintain the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure in accordance with the approved Green Infrastructure Management Plan until such time as the Green Infrastructure and any Public Open Space Elements located within the Green Infrastructure is Transferred to the approved Land Trust and for the avoidance of doubt the Land Trust as successor in title will from the date of Transfer be liable for securing compliance with the obligations in this Schedule 6 which apply to the Green Infrastructure (and any Public Open Space Elements located therein) which has been Transferred to the approved Land Trust.
3 Public Open Space Elements
3.1 The Owner must submit the Public Open Space Strategy to the Council for approval prior to submission of any Reserved Matters Application that proposes Dwellings. For the avoidance of doubt, to such extent as may be necessary, the Public Open Space Strategy and the Green Infrastructure Plan must be consistent with each other.
3.2 The general location, number, type and quantum of each of the Public Open Space Elements will be determined by the Public Open Space Strategy
-59 3.3 The Owner must not Commence a Phase in which Public Open Space Elements are to be located until a Phase Specific Public Open Space Strategy for the relevant Phase has been submitted to and approved in writing by the Council.
3.4 The Owner must provide or procure the provision of the Public Open Space Elements in accordance with the approved Public Open Space Strategy and the approved Phase Specific Public Open Space Strategy and any relevant Reserved Matter Approvals.
3.5 The Owner must not Occupy or permit the Occupation of more than 60% of the Dwellings (rounded to the nearest whole unit) in a Phase in which Public Open Space Elements are to be delivered until the Public Open Space Elements to be delivered in the relevant Phase have been Completed.
3.6 Following the Completion of a Public Open Space Element or any part thereof, the Owner must allow public access to the same PROVIDED THAT the Owner will be entitled to close a Public Open Space Element or any part thereof for at least one day a year and in addition to those days for routine maintenance.
3.7 The Owner must manage and maintain or procure the management and maintenance of those Public Open Space Elements that are not located within the Green Infrastructure in accordance with any approved Phase Specific Public Open Space Strategies for the lifetime of the Development unless otherwise agreed with the Council.
-60 SCHEDULE 7
Affordable Housing and Self and Custom Build
PART 1
1 Overall Provision
1.1 The Owner must Provide 30% of the total number of Dwellings provided in the Development as Affordable Dwellings in accordance with and subject to the provisions of this Schedule 7.
1.2 The Affordable Dwellings must be Provided on the Site in accordance with:
(a) the Tenure Mix; and,
(b) the Affordable Housing Mix; and,
(c) the relevant Phase Specific Affordable Housing Delivery Plan; and
(d) the further provisions of this Schedule 7;
or any amendment to them as may be agreed with the Council.
2 Phased Provision
2.1 The Owner must not submit any Reserved Matters Application that makes provision for Dwellings in a Residential Phase or Residential Sub Phase, unless a Phase Specific Affordable Housing Delivery Plan has been submitted to the Council for approval in respect of that Residential Phase or Residential Sub Phase and must not commence construction of any Dwelling in that Residential Phase or Residential Sub Phase until a Phase Specific Affordable Housing Delivery Plan for the Residential Phase or Residential Sub Phase in question has been approved by the Council.
2.2 Subject to paragraph 2.3 the Owner must use Reasonable Endeavours to Provide a minimum of 30% of the Dwellings in each Residential Phase as Affordable Dwellings PROVIDED THAT:
(a) if Provision within a Residential Phase is or will exceed 30% of the Dwellings the Owner may off-set that over-Provision by Providing fewer Affordable Dwellings in later Phases (equivalent in amount to the over-Provision);
(b) if Provision within a Residential Phase is or will be less than 30% of the Dwellings within it the Owner must Provide any under-Provision within later Residential Phases to be Commenced;
AND for the avoidance of doubt the Owner must submit Phase Specific Affordable Housing Delivery Plans or updated approved Phase Specific Affordable Housing Delivery Plans (as applicable) to reflect any such under-Provision or over-Provision to the Council for approval at the appropriate times.
2.3 Paragraph 2.2 is subject to the following:
(a) the first 650 Dwellings Completed in the Development must include Affordable Dwellings in a quantum which when aggregated result in 30% of those Dwellings being Provided as Affordable Dwellings;
(b) the first 1,100 Dwellings Completed in the Development must include Affordable Dwellings in a quantum which when aggregated result in 30% of those Dwellings being Provided as Affordable Dwellings; and
(c) the total number of Dwellings Completed in the Development must include Affordable Dwellings in a quantum which when aggregated result in 30% of the Dwellings across the entire Development being Provided as Affordable Dwellings.
-61 3 Restrictions on Occupation
3.1 Unless otherwise agreed with the Council the Owner must not Occupy or permit Occupation of:
(a) more than 40% of the Market Dwellings in a Residential Phase until 40% of the Affordable Dwellings in that Residential Phase have been Provided; and
(b) more than 75% of the Market Dwellings in a Residential Phase until all the Affordable Dwellings in that Residential Phase have been Provided.
3.2 Subject to paragraph 5 the Affordable Dwellings must not be used or Occupied other than as Affordable Housing in accordance with the tenure type for which they have been Provided or such other tenure type as the Council may agree and in accordance with the terms of this Schedule 7.
3.3 No Affordable Dwelling may be Occupied or will be deemed to have been Provided until such time as a roadway or roadways to base course and associated street lighting constructed where it is intended that the roadway is to be adopted as a highway maintainable at public expense has been constructed to a standard suitable for adoption as highway maintainable at the public expense, or where it is not intended that the roadway be adopted as a highway maintainable at public expense is to a standard which the Council reasonably considers acceptable has been constructed, up to the Affordable Dwellings in the relevant Phase from the public highway and pipes, wires, cables and conduits have been laid to a point or points adjacent to the Affordable Dwellings for the supply of gas, water, electricity, telephone and other utility services.
3.4 The Owner must not permit or allow any of the Affordable Dwellings to be Occupied otherwise than:
(a) as the sole private residence of the Occupier;
(b) by a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need as at the time of the commencement of their Occupation of the Affordable Dwelling with or without their Household PROVIDED THAT nothing will prevent any former joint owner, spouse, partner, civil partner or other co-habitant from continuing to reside at the Affordable Dwelling after the Qualifying Person ceases to reside there; or
(c) in the case of Intermediate Dwellings (excluding Intermediate Rent Dwellings), by a purchaser of an Intermediate Dwelling.
4 Delivery Standards
4.1 The Owner must construct the Affordable Dwellings in accordance with the National Space Standards.
4.2 Subject to paragraph 4.3 of this Schedule, the Owner must construct 25% of all Dwellings (rounded to nearest whole Dwelling) to ensure those Dwellings comply with Building Regulation M4(2) (as re enacted or amended from time to time)
4.3 The Owner and the Council may agree that some or all of the 25% of Affordable Dwellings which are the subject of paragraph 4.2 are to be built to comply with Building Regulation M4(3) in lieu of Building Regulation M4(2) and in this event the Owner and the Council will agree the appropriate percentage of Affordable Dwellings to be built to comply with Building Regulation M4(2) and Building Regulation M4(3) PROVIDED THAT the Owner shall not be obliged to agree to any proposal that would exceed the sum total cost of complying with the obligation in paragraph 4.2 of this Schedule unless the Council first agrees to provide an additional cash Subsidy to meet the elevated costs which would otherwise not be incurred in excess of the Owner’s requirement to construct 25% of the Affordable Dwellings to a Building Regulation M4(2) standard.
5 Exemptions
5.1 Paragraphs 3, 6, 7, 8 and 9 of this Schedule shall not be binding or enforceable against the following:
-62 (a) any Exempt Person or any mortgagee or chargee of the Exempt Person or any person deriving title from the Exempt Person or any successor in title thereto and their respective mortgagees and charges: or
(b) any Mortgagee or any purchaser including successors in title to all such bodies PROVIDED THAT in all cases the Mortgagee has complied with the Mortgagee’s Duty EXCEPT FOR AND FOR THE AVOIDANCE OF DOUBT any disposal by a Mortgagee under Paragraph 5.2 where the Affordable Dwelling is safeguarded as an Affordable Dwelling.
5.2 Any Mortgagee seeking to dispose of one or more Affordable Dwellings pursuant to any default under the terms of its mortgage or charge must give not less than 6 weeks prior notice to the Council of its intention to dispose and:
(a) in the event that the Council responds within 6 weeks from receipt of the notice indicating that arrangements for the transfer of the Affordable Dwellings can be made in such a way as to safeguard their retention as Affordable Dwellings then the Mortgagee must co-operate with such arrangements and use its reasonable endeavours to secure such transfer;
(b) if the Council does not serve its response to the notice served pursuant to 5.2(a) within 6 weeks then the Mortgagee will be entitled to dispose free of the restrictions set out in this Schedule 7;
(c) if the Council or any other person cannot within 4 weeks of the date of service of its response under 5.2(a) secure a binding contract for sale or cannot within 6 weeks of the date of service of its response under paragraph 5.2(a) secure a completed transfer then provided that the Mortgagee has complied with its obligations under this paragraph 5.2 the Mortgagee will be entitled to dispose free from the restrictions in this Schedule 7 and for the avoidance of doubt such mortgagee or chargee will not be under any obligation to dispose of the Affordable Dwellings for any sum less than the monies outstanding pursuant to the said mortgage or charge inclusive of interest, costs and charges.
5.3 In the event than an Exempt Person wishes to dispose of a Shared Ownership Dwelling and the Registered Provider exercises any rights of pre-emption in the Shared Ownership Lease, the Registered Provider will continue to be bound by the terms of this Deed.
5.4 Any Mortgagee will only be liable for any breach of obligations in this Deed that it has itself caused whilst mortgagee in possession but will not be liable itself for any pre-existing or subsequent breach.
6 Shared Ownership Dwellings
6.1 The Owner must not permit or otherwise allow any Shared Ownership Dwelling to be sold other than:
(a) in accordance with the terms of a Shared Ownership Lease; and
(b) to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need.
6.2 The Owner must not permit or otherwise allow any Shared Ownership Dwelling to be sold on initial or any subsequent sale prior to:
(a) the submission to and subsequent approval by the Council of a scheme of Advertising for the relevant Shared Ownership Dwelling; and
(b) advertising the relevant Shared Ownership Dwelling in accordance with the scheme of Advertising approved in accordance with paragraph 6.2(a) above.
6.3 If a Registered Provider or the owner of a Shared Ownership Dwelling is unable on any subsequent sale to sell that Shared Ownership Dwelling in accordance with paragraph 6.2 within a period of 60 Working Days of Advertising, the Shared Ownership Dwelling may be sold to any willing purchaser
-63 in accordance with paragraph 6.1(a) above and such person will remain bound by the terms of this Deed.
6.4 The Owner must not exchange or complete contracts for the sale of any interest in the relevant Shared Ownership Dwelling until:
(a) the Owner has submitted written verification to the Council or its agent that the prospective purchaser satisfies the obligations contained in this Deed; and
(b) the Council or its agent has given its approval that the prospective purchaser satisfies the obligations contained in this Deed (such approval not to be unreasonably withheld) and if no response is given by the Council or its agent within 10 Working Days of receipt of written verification from the Owner then approval will be deemed to have been given PROVIDED THAT such written verification is served upon the Council clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service.
6.5 No Shared Ownership Dwelling may be let for occupation by persons other than the individual owner under the relevant Shared Ownership Lease otherwise than as follows:
(a) with the written consent of the Council and a Registered Provider; and
(b) to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need;
(c) at an Intermediate Rent (unless otherwise agreed in writing with the Council);
(d) on the basis of an Assured Tenancy for a fixed term of not less than six (6) months unless otherwise agreed in writing with the Council; and
(e) in accordance with the terms of the Shared Ownership Lease.
7 Affordable Rent Dwellings
7.1 The Owner must not permit or otherwise allow any of the Affordable Rent Dwellings to be let other than:
(a) to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need; and
(b) at a sum not exceeding the Affordable Rent; and
(c) to persons selected in accordance with the principles of the Cornwall Homechoice policy and the Partnership and Service Agreement for Cornwall Homechoice as amended from time to time or any other policy and agreement that may replace these whether or not the Owner or Registered Provider is a member of the Cornwall Homechoice scheme.
7.2 The Owner must not permit or otherwise allow any of the Affordable Rent Dwellings to be let on initial or any subsequent letting prior to the submission to and subsequent approval by the Council of a scheme of Advertising for the Affordable Rent Dwellings.
7.3 The Owner must serve upon the Council a Letting Notice each time an Affordable Rent Dwelling becomes available for letting.
7.4 The Owner must advertise Affordable Rent Dwellings in accordance with the scheme of Advertising approved in accordance with paragraph 7.2 immediately following the service of the Letting Notice in accordance with paragraph 7.3.
7.5 The Owner must not grant a tenancy of an Affordable Rent Dwelling until:
(a) the Owner has submitted written verification to the Council or its agent that the prospective tenant satisfies the obligations contained in this Deed; and
-64 (b) subject to paragraph 7.2 the Council or its agent has given its approval that the prospective tenant would satisfy the obligations contained in this Deed (such approval not to be unreasonably withheld) and if no response is given by the Council or its agent within 10 Working Days of receipt of written verification from the Owner then approval will be deemed to have been given PROVIDED THAT such written verification is served upon the Council clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service.
7.6 Prospective tenants identified and allocated accommodation through Cornwall Homechoice will be deemed to have been approved by the Council for the purposes of paragraph 7.5(b).
8 Intermediate Sale Dwellings
8.1 The Owner must not permit or otherwise allow any Intermediate Sale Dwelling on any transfer following completion of construction to be sold:
(a) other than to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need; and
(b) at a price greater than a sum equal to 70% of the Open Market Value of the relevant Intermediate Sale Dwelling.
8.2 The Owner must in the case of initial sales:
(a) prior to service of a Sale Notice submit a scheme for the Advertising of the Intermediate Sale Dwelling for subsequent approval by the Council (such approval not to be unreasonably withheld or delayed); and
(b) on receipt of a written approval of the Council for a scheme of Advertising serve a Sale Notice upon the Council each time one or more of the Intermediate Sale Dwellings are released for sale but in any event not less than two (2) months before the expected completion date of the relevant Intermediate Sale Dwelling; and
(c) upon submission of a satisfactory Sale Notice carry out the Advertising of the Intermediate Sale Dwelling in accordance with the agreed scheme;
8.3 The Owner must in the case of subsequent sales:
(a) serve a Sale Notice on the Council each time the Owner intends to sell the Intermediate Sale Dwelling; and,
(b) submit a scheme for the Advertising of the Intermediate Sale Dwelling for subsequent approval by the Council (such approval not to be unreasonably withheld or delayed) prior to service of the Sale Notice; and
(c) on receipt of a written approval of the Council for a scheme of Advertising carry out the Advertising of the Intermediate Sale Dwelling in accordance with the agreed scheme immediately following the submission of the Sale Notice.
8.4 The Owner must in the case of all sales of any Intermediate Sale Dwelling serve upon the Council clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service a certificate from a valuer dated no earlier than three (3) months before the date of Advertising of the relevant Intermediate Sale Dwelling setting out the Open Market Value of the dwelling such certificate to be served on the Council before or together with the Sale Notice.
8.5 The Owner must not permit or otherwise allow any Intermediate Sale Dwelling to be sold to anyone other than to a person nominated in accordance with the following procedure:
-65 (a) the Council will have 20 Working Days from the service of the Sale Notice in which to nominate a first nominee ("the First Nominee") and a second nominee ("the Second Nominee") for the purchase of each Intermediate Sale Dwelling;
(b) if the First Nominee is unable to make a reservation of the Intermediate Sale Dwelling (in the case of initial sales) or exchange contracts for the purchase of the Intermediate Sale Dwelling (in the case of subsequent sales) within 25 Working Days of the nominations or any other longer period as the Owner may permit the Owner must offer the Intermediate Sale Dwelling to the Second Nominee;
(c) if the Second Nominee is unable to make a reservation of the Intermediate Sale Dwelling (in the case of initial sales) or exchange contracts for the purchase of the Intermediate Sale Dwelling (in the case of subsequent sales) within 50 Working Days of the nominations or such other period as the Council shall agree in writing with the Owner the Owner may sell the Intermediate Sale Dwelling in accordance with paragraph 8.7.
8.6 The Owner must notify and provide evidence to the Head of the Planning and Sustainable Development Service of the Council as soon as reasonably practicable of the failure to make a reservation or exchange contracts (as applicable) within the 25 Working Days referred to in paragraph 8.5(b) above before making an offer of a reservation or exchanging contracts as applicable with the Second Nominee 8.7 In the event that the Council fails to nominate in accordance with paragraph 8.5(a) or the making of a reservation or an exchange of contracts (as applicable) with any of the Council’s nominees within 50 Working Days of the nominations (or such longer period as the Owner may allow in accordance with paragraphs 8.5 and 8.6) fails to be achieved the Intermediate Sale Dwelling may be sold to such other Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need as may be approved by the Council PROVIDED THAT:
(a) the Owner does not exchange contracts for the sale of the relevant Intermediate Sale Dwelling until the Owner has submitted written verification to the Council or its agent that the prospective purchaser satisfies the obligations contained in this Deed and the Council or its agent has given its approval that the prospective purchaser satisfies the obligations contained in this Deed (such approval not to be unreasonably withheld) and if no response is given by the Council or its agent within 10 Working Days of receipt of written verification from the Owner (such written verification to be served upon the Council clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service) then approval will be deemed to have been given; and
(b) if on any subsequent sale the Owner is unable to sell the Intermediate Sale Dwelling in accordance with this paragraph 8 within a period of 60 Working Days of Advertising by the Owner the Intermediate Sale Dwelling may be sold at the discounted price calculated in accordance with paragraph 8.1 to any willing purchaser but at the time of any subsequent sale the provisions of this Deed shall again apply and such persons shall remain bound by the terms of this Deed.
8.8 The Owner must not permit or otherwise allow any Intermediate Sale Dwelling to be let other than:
(a) with the written consent of the Council; and
(b) to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere or is in Housing Need; and
(c) at a rent which does not exceed the Intermediate Rent; and
(d) on the basis of an Assured Tenancy for a fixed term of not less than six (6) months unless otherwise agreed with the Council.
9 Intermediate Rent Dwellings
9.1 The Owner must not to permit or otherwise allow any Intermediate Rent Dwelling to be Occupied or let other than:
-66 (a) to and by persons nominated by the Council in accordance with paragraphs 9.5 and 9.6 below unless let or occupied under paragraph 9.7; and
(b) to a Qualifying Person who is either releasing an Alternative Affordable Home elsewhere in Cornwall or is in Housing Need; and
(c) at a sum not exceeding the Intermediate Rent; and
(d) unfurnished on the basis of an Assured Tenancy for a fixed term of not less than six (6) months unless otherwise agreed with the Council.
9.2 The Owner must not to permit or otherwise allow any of the Intermediate Rent Dwellings to be let on initial or any subsequent letting prior to the submission to and subsequent approval by the Council of a scheme of Advertising for the Intermediate Rent Dwellings.
9.3 The Owner must:
(a) in the case of initial lettings serve a Letting Notice upon the Council each time an Intermediate Rent Dwelling is released for rent but in any event not less than two (2) months before the expected date of Practical Completion of the relevant Intermediate Rent Dwelling; and
(b) in the case of subsequent lettings serve a Letting Notice upon the Council when the Owner intends to let an Intermediate Rent Dwelling.
9.4 The Owner must advertise the relevant Intermediate Rent Dwelling in accordance with the scheme of Advertising approved in accordance with paragraph 9.2 immediately following the service of the Letting Notice in accordance with paragraph 9.3.
9.5 The Owner must not permit or otherwise allow any Intermediate Rent Dwelling to be let to anyone other than to a person nominated in accordance with the following procedure:
(a) the Council will have 20 Working Days from the service of the Letting Notice in which to nominate a first nominee ("the First Nominee") and a second nominee ("the Second Nominee") to take up a tenancy of each Intermediate Rent Dwelling;
(b) if in the reasonable opinion of the Owner the First Nominee:
(i) will not be capable of discharging the rent liability inclusive of any housing benefit; or
(ii) will not be capable of complying with the terms of the tenancy agreement; or
(iii) has a record of previous disagreements with the Owner; or
(iv) is unable to provide the Owner with either a cash deposit or a deposit bond equivalent to one month’s rent at the commencement of the letting; or
(v) unreasonably delays entering into a tenancy following an offer made by the Owner and this has been demonstrated by the Owner to the reasonable satisfaction of the Council,
the Owner will have the right to reject the First Nominee and upon such rejection the Owner must notify the Council immediately and the Owner may make an offer of a tenancy of the Intermediate Rent Dwelling to the Second Nominee and if in the reasonable opinion of the Owner the provisions of paragraphs 9.5(i)-(v) apply in relation to the Second Nominee and this has been demonstrated by the Owner to the reasonable satisfaction of the Council the Owner will have the right to reject the Second Nominee and upon such rejection the Owner must notify the Council immediately.
9.6 In the event that the Council fails to nominate in accordance with paragraph 9.5(i) or the Intermediate Rent Dwelling fails to be let under paragraph 9.5(ii) then the Intermediate Rent Dwelling may (subject to complying with paragraphs 9.1(b), (c) and (d)) be let to such other Qualifying Person who is either releasing an Alternative Affordable Home elsewhere in Cornwall or is in Housing Need as may be
-67 approved by the Council (such consent not to be unreasonably withheld or delayed). If no response is given by the Council within 10 Working Days of receipt of a request for approval then approval will be deemed to have been given PROVIDED THAT the Owner does not enter into a tenancy of the relevant Intermediate Rent Dwelling until the Owner has submitted written verification to the Council or its agent that the prospective tenant satisfies the obligations contained in this Deed and the Council or its agent has given its approval to the same (such approval not to be unreasonably withheld) and if no response is given by the Council or its agent within 10 Working Days of receipt of written verification from the Owner (such written verification to be served upon the Council clearly addressed and marked for the urgent attention of the Head of the Planning and Sustainable Development Service) then approval will be deemed to have been given.
10 Council’s rights in relation to sales and lettings of Affordable Dwellings
10.1 The Council reserves the right not to allow the letting of an Affordable Rent Dwelling or an Intermediate Rent Dwelling to a Qualifying Person with a Primary Area connection should the letting result in under occupancy of an Affordable Rent Dwelling or Intermediate Rent Dwelling by more than one bedroom.
10.2 Subject to paragraph 10.3, in the case of an Affordable Dwelling which has been constructed or adapted to meet the needs of disabled persons the Council reserves the right to allow the sale or letting of an Affordable Dwelling to a disabled person who is either in Housing Need or releasing an Alternative Affordable Home elsewhere and who on the date of Advertising has a Minimum Local Connection PROVIDED THAT the Affordable Dwelling has first been offered to the following in order of priority:
(a) any disabled person who is either in Housing Need or releasing an Alternative Affordable Home elsewhere and who has an Area Local Connection with the Primary Area;
(b) followed by any disabled person who is either in Housing Need or releasing an Alternative Affordable Home elsewhere and who has an Area Local Connection with the Secondary Area;
(c) followed by any disabled person who is either in Housing Need or releasing an Alternative Affordable Home elsewhere and who has an Area Local Connection with the Tertiary Area;
(d) followed by any disabled person who is either in Housing Need or releasing an Alternative Affordable Home elsewhere and who has an Area Local Connection with the County.
10.3 Where an Affordable Dwelling is subject to the provisions of The Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012 such person(s) that fall within Regulation 3 (3) of those regulations shall not be required to have an Area Local Connection with either the Primary Area or the Secondary Area or the Tertiary Area or the County nor have a Minimum Local Connection.
11 Self and Custom Build
11.1 The Owner must provide Prepared and Serviced Sites sufficient to accommodate Self or Custom Build Dwellings in a quantum equal to no less than 5% of the Dwellings to be provided in the Development.
11.2 Unless otherwise agreed by the Council (such agreement not to be withheld where the Owner can demonstrate that it has complied with paragraph 11.1), the Owner must submit a Self Build Housing Marketing Plan to the Council for its approval and must market the Prepared and Serviced sites for Self or Custom Build Dwellings in accordance with the approved Self Build Housing Marketing Plan.
11.3 Unless otherwise agreed by the Council (such agreement not to be withheld or delayed where the Owner can demonstrate that it has complied with paragraph 11.1) the Owner must not Occupy more
-68 than 50% of the Dwellings in the Development until it has commenced marketing of the Prepared and Serviced Sites for at least 50% of the proposed Self Build or Custom Dwellings. If despite marketing in accordance with the approved Self Build Housing Marketing Plan the Owner has been unable to secure a Transfer of a Prepared and Serviced Site for a proposed Self or Custom Build Dwelling within 6 months of commencing marketing of the site in question, it may be used for the construction and sale of a Dwelling free of any restrictions imposed by this paragraph 11.
-69 Annex 1 of Schedule 7 Affordable Housing Mix
Number of Percentage Number of Affordable Intermediate housing bedrooms mix dwellings rent
1 bed flats/ 17% 75 75 - bungalows / maisonettes (2 person)
2 bed flats / 12% 55 45 10 maisonettes (3/4 person)
2 bed houses (4 31% 140 90 50 person)
3 bed houses (5 31% 140 65 75 person)
4 bed houses (6/7 8% 35 35 - person)
5 bed houses (8 1% 5 5 - person)
Total 100% 450 315 135
-70 Annex 2 of Schedule 7 (“the Sale Notice”)
1 Full name/address of development or property for sale (including postcode)
______
2 Name and contact details of developer (new developments only)
Name of developer:______
Address of developer______
Name of person receiving nominations ______
Address of sales office______
Name of sales representative ______
Telephone number/mobile of sales representative ______
Email address of sales representative______
3 Name and contact details of owner(s) (subsequent sales only)
Name of owner ______
Name of joint owner (if applicable) ______
Contact number(s): ______
Email address ______
Contact address if different from 1 above ______
4 Property details Heating type ______
For individual subsequent sales complete the first line only (excluding plot number). For new developments of more than one property use a new line for each property. Add more lines if necessary
Plot Postal address Property type Rooms (eg 2 Parking Garden no (eg mid terrace bedrooms, lounge, (allocated (private/ house/first floor kitchen/ diner, space/ garage/ shared/ flat) bathroom, separate none) none) WC)
-71 5 Sale price
Postal Sale Percentage of open Open market Estimated completion date address price (1) market value (2) value (3) (new developments only)
(1) The sale price calculated in accordance with Paragraph 8.1(b) Schedule 7 of the s106 agreement
(2) The percentage stipulated in paragraph 8.1(b) of Schedule 7 of the s106 agreement
(3) You must, in accordance with paragraph 8.4 of Schedule 7 of the s106 agreement submit with this notice a certificate from a RICS or equivalent valuer setting out the open market value of the dwelling
6 Tenure and charges
Basis of disposal (eg freehold or leasehold) ______
If leasehold length of lease (remaining) ______
Details of any service charges, ground rents, management fees or any other charges to be applied to the property(s)
Postal address Type of charge Amount of charge (state if annual/quarterly/monthly
7 Special provisions
Age or other occupancy restrictions ______
Disabled adaptations ______
Provision of any support services ______
-72 SCHEDULE 8
Employment
1 Local Employment Initiatives
Construction Jobs
1.1 The Owner must use Reasonable Endeavours to ensure that Local Businesses (including local contractors, sub-contractors and suppliers) are provided with:
(a) information about the jobs which may be available in the construction of the Development; and
(b) information about opportunities to tender for all appropriate contracts or sub-contracts that arise as a consequence of the construction of the Development.
Training and Apprenticeships
1.2 The Owner must not Commence Development of the second Phase of the Development to be Commenced until the Owner has submitted to and had approved by the Council a Training and Apprenticeships Plan.
1.3 The Owner must comply with the terms of the approved Training and Apprenticeships Plan during the construction phase of the Development.
-73 SCHEDULE 9
SKY TIPS
1 Sky Tips Safeguarding
1.1 Subject to the further provisions of this paragraph 1 the Owner must not procure or carry out any works on the Sky Tips save for minor works which would not change or alter the existing landscape including maintenance works and works to ensure the health and safety of all operators and neighbours to the Sky Tips and members of the public and other requirements necessary for its function.
1.2 The Owner must not permit public access to the Sky Tips and must not Occupy or permit Occupation of any Dwelling until appropriate signage to make it clear to the public that no access to the public is permitted has been installed.
-74 SCHEDULE 10
Ecological Mitigation (excepting Marsupella Profunda)
1 Ecological Mitigation
1.1 Prior to the carrying out of any Construction Activity relating to the delivery of each Phase the Owner must submit to the Council details of the proposed Ecological Mitigation Measures for the Phase in question and the Owner must not carry out any Construction Activity for that Phase until the Ecological Mitigation Measures for the Phase have been approved by the Council.
1.2 The Owner must, at the same time as submitting the proposed Ecological Mitigation Measures for each Phase, submit the Mitigation Measures Plan and must not carry out any Construction Activity for that Phase until the Mitigation Measures Plan for that Phase has been approved.
1.3 The Owner must implement the approved Ecological Mitigation Measures and the measures in the approved Mitigation Measures Plan and where applicable must ensure that any Reserved Matters Application submitted in respect of the Development complies with the approved Ecological Mitigation Measures and approved Mitigation Measures Plan and for avoidance of doubt where the approved Ecological Mitigation Measures include measures to be carried out on the Ecological Mitigation Land those measures must be implemented on the Ecological Mitigation Land.
1.4 The Owner must manage and maintain or procure the management and maintenance of the implemented approved Ecological Mitigation Measures in accordance with the Mitigation Measures Plan at all times for the life of the Development
1.5 The Owner covenants to monitor the Ecological Mitigation Measures for a period as approved by the Council in the Mitigation Measures Plan from their completion and must report to the Council thereon on an annual basis during that period.
1.6 If a monitoring report submitted pursuant to paragraph 1.5 indicates that the approved Ecological Mitigation Measures or the approved Mitigation Measures Plan have not been complied with or sets out any further recommended action to be undertaken the Owner must secure compliance with the approved details and/or implement those recommendations (as the case may be) within the timescale set out therein.
1.7 The Council must on serving reasonable notice to the Owner be afforded reasonable access to the Site and the Ecological Mitigation Land for the purposes only of inspecting the Ecological Mitigation Measures.
1.8 If the Council must serve notice on the Owner following such inspection that the Ecological Mitigation Measures and/or Mitigation Measures Plan have not been complied with or that recommendations for action set out in a monitoring report have not been undertaken then the Owner must within three months (or such longer time as the Council may approve) undertake such works that are necessary to ensure that they do comply with the approved details or recommendations (as relevant).
1.9 If the Ecological Mitigation Land or the Site or (in either case) a part or parts thereof is Transferred to the Land Trust the Owner must ensure that the Land Trust is contractually bound to carry out and comply with the obligations in this Deed relating to the Ecological Mitigation Measures and the Mitigation Measures Plan both as approved by the Council PROVIDED THAT if at any time the Land Trust fails to adequately carry out the approved Ecological Mitigation Measures or comply with the approved Mitigation Measures Plan or any agreement expires or terminates for whatever reason then the Owner will be responsible for complying with the obligations and restrictions relating to the approved Ecological Mitigation Measures and the approved Mitigation Measures Plan..
-75 SCHEDULE 11
Marsurpella Profunda
1 Reserved Matters
1.1 To the extent applicable, the Owner must ensure that any Reserved Matters Applications are consistent with the Marsupella Profunda Plans.
2 Baal Pit Unit
2.1 The Owner covenants to adhere to and comply with the measures to take place within the Baal SAC Unit identified in Section 7 (specifically in accordance with Table 7.1 and paragraph 7.2.18) of the Habitats Regulations Assessment from the carrying out of any Construction Activity onwards and in perpetuity, in accordance with the further provisions of this paragraph 2.
Outline Plan
2.2 The Owner must submit a Baal Pit Outline Management Plan to the Council for approval prior to Commencement of Development.
2.3 The Owner must not Commence Development until the Baal Pit Outline Management Plan has been approved by the Council and must implement the measures identified in the approved Baal Pit Outline Management Plan in accordance with the timetable in the approved Baal Pit Outline Management Plan (where applicable).
2.4 No later than 20 years from the date of approval of the Baal Pit Outline Management Plan, the Owner must:
(a) submit a further Baal Pit Outline Management Plan (“Revised Baal Pit Outline Management Plan”) to the Council for its approval; and
(b) must implement the measures identified in the approved Revised Baal Pit Outline Management Plan from no later than 20 Working Days of receipt of approval from the Council
2.5 Thereafter, and in perpetuity, the Owner must submit a further Revised Baal Pit Outline Management Plan to the Council for approval no later than the date falling due 3 months prior to the expiry of the 20 year period covered by the previous Revised Baal Pit Outline Management Plan and must implement the approved measures identified in the latest version of the plan from the date on which the previous version of the Revised Baal Pit Outline Management Plan expired.
Detailed Plan
2.6 The Owner must submit a Baal Pit Detailed Management Plan to the Council for approval prior to Commencement of Development.
2.7 The Owner must not Commence Development until the Baal Pit Detailed Management Plan has been approved by the Council and must implement the measures identified in the approved Baal Pit Detailed Management Plan in accordance with the approved timetable in the approved Baal Pit Detailed Management Plan (where applicable).
Condition Assessment of Baal Pit SAC Unit
2.8 The Owner must carry out a Condition Assessment of the Baal Pit SAC Unit:
(a) Prior to Commencement of Development; and
(b) a further Condition Assessment every 2 years thereafter; and
(c) must provide a copy of each Condition Assessment to the Council within 15 Working Days of its completion.
-76 Revised Baal Pit Detailed Management Plan
2.9 No later than 5 years from the date of approval of the Baal Pit Detailed Management Plan, the Owner must:
(a) submit a further Baal Pit Detailed Management Plan (“Revised Baal Pit Detailed Management Plan”) to the Council for its approval; and
(b) must implement the measures identified in the approved Revised Baal Pit Detailed Management Plan from no later than 20 Working Days of receipt of approval from the Council.
2.10 Thereafter, and in perpetuity, the Owner must submit a further Revised Baal Pit Detailed Management Plan (having regard to any Condition Assessments of the Baal Pit SAC Unit that have been carried out) to the Council for approval no later than the date falling due 3 months prior to the expiry of the 5 year period covered by the previous Revised Baal Pit Detailed Management Plan and must implement the approved measures identified in the latest version of the approved plan from the date on which the previous version of the Revised Baal Pit Detailed Management Plan expired.
Annual Report
2.11 The Owner (through the Project Ecologist for the Development) must, commencing from the first anniversary of the Commencement Date, complete and submit to the Council for its approval, within 3 months of the first anniversary of the Commencement Date and annually thereafter for 20 years, an annual survey of so much of the Site as is necessary to identify:
(a) the presence of any planted non-native species of plant (listed in Part II of Schedule 9 of the Wildlife and Countryside Act 1981 as it applies to England) on the Site within 100m of the Baal Pit SAC Unit;
(b) the presence of invasive non-native species of plant (listed in Part II of Schedule 9 of the Wildlife and Countryside Act 1981 as it applies to England) on the Site within 50m of the Baal SAC Unit; and
(c) a plan for the eradication of those species identified under 2.11 (a) and (b),
and for the avoidance of doubt this information may, in satisfaction of this obligation, be included in the Annual Monitoring Report in accordance with Clause [6].
2.12 Following the Council’s approval of the plan under paragraph 2.11(c), the Owner must implement the approved plan in accordance with the timetable in the approved plan (where applicable).
3 Prosper Pit SAC Unit
3.1 The Owner covenants to adhere to and comply with the measures to take place within the Prosper Pit SAC Unit identified in Section 7 (specifically in accordance with Table 7.2 and paragraph 7.2.18) of the Habitats Regulations Assessment from the carrying out of any Construction Activity onwards and in perpetuity, in accordance with the further provisions of this paragraph 3.
Outline Plan
3.2 The Owner must submit a Prosper Pit Outline Management Plan to the Council for approval prior to Commencement of Development.
3.3 The Owner must not Commence Development until the Prosper Pit Outline Management Plan has been approved by the Council and must implement the measures identified in the approved Prosper Pit Outline Management Plan in accordance with the timetable in the approved Prosper Pit Outline Management Plan (where applicable).
3.4 No later than 20 years from the date of approval of the Prosper Pit Outline Management Plan, the Owner must:
-77 (a) submit a further Prosper Pit Outline Management Plan (“Revised Prosper Pit Outline Management Plan”) to the Council for its approval; and
(b) must implement the measures identified in the approved Revised Prosper Pit Outline Management Plan from no later than 20 Working Days of receipt of approval from the Council.
3.5 Thereafter, and in perpetuity, the Owner must submit a further Revised Prosper Pit Outline Management Plan to the Council for approval no later than the date falling due 3 months prior to the expiry of the 20 year period covered by the previous Revised Prosper Pit Outline Management Plan and must implement the approved measures identified in the latest version of the approved plan from the date on which the previous version of the Revised Prosper Pit Outline Management Plan expired.
Detailed Plan
3.6 The Owner must submit a Prosper Pit Detailed Management Plan to the Council for approval prior to Commencement of Development.
3.7 The Owner must not Commence Development until the Prosper Pit Detailed Management Plan has been approved by the Council and must implement the measures identified in the approved Prosper Pit Detailed Management Plan in accordance with the timetable in the approved Prosper Pit Detailed Management Plan (where applicable).
Condition Assessment of the Prosper Pit SAC Unit
3.8 The Owner must carry out a Condition Assessment of the Prosper Pit SAC Unit:
(a) prior to Commencement of Development; and
(b) a further Condition Assessment every 2 years thereafter; and
(c) must provide a copy of each Condition Assessment to the Council within 15 Working Days of its completion.
Revised Prosper Pit Detailed Management Plan
3.9 No later than 5 years from the date of approval of the Prosper Pit Detailed Management Plan, the Owner must:
(a) submit a further Prosper Pit Detailed Management Plan (“Revised Prosper Pit Detailed Management Plan”) to the Council for its approval; and
(b) must implement the measures identified in the approved Revised Prosper Pit Detailed Management Plan from no later than 20 Working Days of receipt of approval from the Council.
3.10 Thereafter, and in perpetuity, the Owner must submit a further Revised Prosper Pit Detailed Management Plan (having regard to any Condition Assessments of the Prosper Pit SAC Unit that have been carried out) to the Council for approval no later than the date falling due 3 months prior to the expiry of the 5 year period covered by the previous Revised Prosper Pit Detailed Management Plan and must implement the approved measures identified in the latest version of the approved plan from the date on which the previous version of the Revised Prosper Pit Detailed Management Plan expired.
4 The Site and Ecological Mitigation Land
4.1 The Owner covenants to adhere to and comply with the measures to take place within the Site and the Ecological Mitigation Land identified in Section 7 (specifically in accordance with Table 7.3 and paragraphs 7.3.4, 7.3.5, 7.3.7, 7.3.9, 7.3.10 7.3.11 a 7.3.15 and 7.3.16) of the Habitats Regulations Assessment from, unless otherwise specified in the further provision of paragraph 4, the carrying
-78 out of any Construction Activity onwards and in perpetuity and accordance with the further provisions of this paragraph 4.
Outline Plan
4.2 The Owner must submit a Site and Ecological Mitigation Land Outline Management Plan to the Council prior to the carrying out of any Construction Activity.
4.3 The Owner must not carry out any Construction Activity until the Site and Ecological Mitigation Land Outline Management Plan has been approved by the Council and must implement the measures identified in the approved Site and Ecological Mitigation Land Outline Management Plan in accordance with the timetable in the approved plan (where applicable).
4.4 No later than 20 years from the date of approval of the Site and Ecological Mitigation Land Outline Management Plan, the Owner must:
(a) submit a further Site and Ecological Mitigation Land Outline Management Plan (“Revised Site and Ecological Mitigation Land Outline Management Plan”) to the Council for its approval; and
(b) must implement the measures identified in the approved Revised Site and Ecological Mitigation Land Outline Management Plan from no later than 20 Working Days of receipt of approval from the Council.
4.5 Thereafter, and in perpetuity, the Owner must submit a further Revised Site and Ecological Mitigation Land Outline Management Plan to the Council for approval no later than the date falling due 3 months prior to the expiry of the 20 year period covered by the previous Revised Site and Ecological Mitigation Land Outline Management Plan and must implement the approved measures identified in the latest version of the plan from the date on which the previous version of the Revised Site and Ecological Mitigation Land Outline Management Plan expired.
Detailed Plan
4.6 The Owner must submit a Site and Ecological Mitigation Land Detailed Management Plan to the Council for approval prior to the carrying out of any Construction Activity.
4.7 The Owner must not carry out any Construction Activity until the Site and Ecological Mitigation Land Detailed Management Plan has been approved by the Council and must implement the measures identified in the approved Site and Ecological Mitigation Land Detailed Management Plan in accordance with the timetable in the approved plan (where applicable).
Condition Assessment of the Site and Ecological Mitigation Land
4.8 The Owner must carry out a Condition Assessment of the Site and Ecological Mitigation Land:
(a) prior tothe carrying out of any Construction Activity; and
(b) a further Condition Assessment every 3 years thereafter; and
(c) must provide a copy of each Condition Assessment to the Council within 15 Working Days of its completion.
Revised Site and Ecological Mitigation Land Detailed Management Plan
4.9 No later than 5 years from the commencement of any Construction Activity relating to the Development, the Owner must:
(a) submit a further Site and Ecological Mitigation Land Detailed Management Plan (“Revised Site and Ecological Mitigation Land Detailed Management Plan”) to the Council for its approval; and
-79 (b) must implement the measures identified in any subsequent approved Revised Site and Ecological Mitigation Land Detailed Management Plan from no later than 20 Working Days of receipt of approval from the Council.
5 Thereafter, and in perpetuity, the Owner must submit a further Revised Site and Ecological Mitigation Land Outline Management Plan to the Council for approval (having regard to any Condition Assessments of the Site and the Ecological Mitigation Land that have been carried out) no later than the date falling due 3 months prior to the expiry of the 5 year period covered by the previous Revised Site and Ecological Mitigation Land Detailed Management Plan and must implement the approved measures identified in the latest version of the plan from the date on which the previous version of the Revised Site and Ecological Mitigation Land Detailed Management Plan expired.
-80 Annex 1 to Schedule 11. Habitat Regulation Assessment
-81 SCHEDULE 12
Council’s Covenants
1 Council’s Covenants
1.1 The Council hereby covenants with the Owner to use all Financial Contributions and other sums received from the Owner under the terms of this Deed for the purposes specified in this Deed.
1.2 The Council will pay such amount of any payment made under this Deed which has not been expended in accordance with the provisions of this Deed (and money shall be deemed to be expended if the Council has properly entered into a contract for the expenditure of the money for the purpose for which it is paid which is reasonably likely to result in the fulfilment of that purpose) within fifteen years of the date of receipt by the Council to the person from whom it was received.
1.3 The Council must provide to the Owner such evidence as the Owner may reasonably require in order to confirm the expenditure of the sums paid by the Owner under this Deed.
1.4 At the written request of the Owner the Council must provide written confirmation of the discharge of the obligations contained in this Deed when satisfied that such obligations have been performed.
1.5 The Council must spend the Transport and Movement Contribution (including any instalment thereof) towards the following purposes and subject to the following caps outlined herein save for where the Council has first obtained the express consent of the Owner to apply the sums in different proportions to that specified below:
(a) £1,500,000 towards the Enhanced Number 27 Bus Route and subject to the Enhanced Number 27 Bus Route first being adequately funded and the agreement of the Owner, towards linkage of the Existing Bus Routes with the Site;
(b) £720,000 for the purpose of upgrading Existing Clay Trails for use by utility and e-bikes;
(c) £120,000 for the purpose of extending the cycle trail network towards Stenalees, Penwithick and Treverybn.
1.6 The Council must accept the Transfer of the Primary School Site from the Owner pursuant to paragraph 1.3 of Schedule 3. For the avoidance of doubt the Transfer will be at no further cost to the Owner beyond the costs of effecting the legal completion of such Transfer.
1.7 The Council must use Reasonable Endeavours to engage with the Owner during consultation pursuant to paragraph 1.14 of Schedule 4 and provide the Owner with written confirmation as to whether it requires the Library Facility as soon as is reasonably practicable following receipt of the request in accordance with the Community and Health Facilities Strategy.
1.8 Where any part of the Site is Transferred to the Council the Council must hold that land for the purposes specified in the Transfer and must only use the land for the purpose for which it has been Transferred and must allow the Owner reasonable access where it is necessary during the construction phase of the Development.
1.9 Where any part of the Site is Transferred to the Council and is no longer required for the purpose for which it was Transferred the Council must Transfer the land back to the Owner on like terms as contained in the Transfer to the Council.
1.10 Insofar as any obligations in Schedules 11 and 12 of this Deed require measures to be taken on the Council’s land within the Site, the Council must grant the Owner the appropriate Necessary Consents (and such Necessary Consents to be provided without delay and at no cost to the Owner) to carry out and monitor those measures.
-82 SCHEDULE 14
Phased Obligations
[The following obligations shall be “Phased Obligations” for the purposes of Clause 2.2:
• Clause 6.1(b);
• Clause 6.3;
• Paragraph 2.1 Schedule 5;
• Paragraph 4 Schedule 5;
• Paragraph 8 Schedule 5;
• Paragraph 3.3 Schedule 6;
• Paragraph 3.5 Schedule 6;
• Paragraph 3.4 Schedule 6;
• Paragraph 2 Schedule 7;
• Paragraph 3.1 Schedule 7; and
• Paragraph 1 Schedule 11. ]
-83 SCHEDULE 15
Plans
Plan Plan Description [TBC] Plan Reference
1 Site Plan PS003/Rev D
2 Baal Pit and Prosper Pit C115562-02-02
3 Ecological Mitigation Plan C115562-03-01
4 Clay Trails/Access P5005-Rev J
5 Masterplan MP004C Rev H
6 Sky tips ST005/A
7 Green Infrastructure PS006 Rev 5
8 Highways Plan EDG1442-CSL-GEN SX026527-DE-D-0005-P01
-84 EXECUTED AS A DEED by THE CORNWALL
COUNCIL whose Common Seal was hereinto
Affixed in the presence of:
Authorised Officer:……………..
EXECUTED AS A DEED BY
[ ] as attorney for IMERYS MINERALS LIMITED under a power of attorney dated
[ ] in presence of:
…………………………………..
Signature of Witness
Witness name:
Witness address:
Occupation:
EXECUTED AS A DEED by
ECO-BOS DEVELOPMENT LIMITED acting by
One of its directors in the presence of:
Signature of Witness
Witness name:
Witness address:
Occupation:
-85
Appendix 3d – Member briefing West Carclaze Garden Village Presentation to Cornwall Council Members
April 11th 2018
John Hodkin
Managing Director The Story So Far……..
• 2009 Eco-town + Clay Country Vision - Reflects aspiration • 2017 West Carclaze Solar Park generates green energy to do something different • 2017 Garden Village Accreditation • 2010 Eco-Bos JV Formed – Global and Local • 2017 Strategic Planning Committee Positive • 2010 Strategic Partnership (CC/ SWRDA / Recommendation to Grant Outline Consent HCA / Eco-Bos) • 2018 Carluddon Technology Park + ESAM nearing • 2015 A391 Carluddon Improvement Opens completion
West Carclaze Garden Village - The Details……..
• 500 acre Site in single ownership
• 350 acres of Open Space to be managed by local Land Trust (Wheal Martyn)
• 1500 Homes focusing on local market and needs • 30% affordable • 5% Self Build and Custom Build • Local Build
• 420 Place Primary School
• Community and Healthcare facilities
• Retail and Leisure
West Carclaze Approved Masterplan
Vision - Village of • ‘Living in the Garden’ from balconies Gardens and window boxes to natural green spaces;
• ‘Borrowed Landscapes’ that take in the setting and context of the Clay Country;
• Gardens that vary from the intimate through to the communal and merge with the natural and post-industrial landscape of the Clay Country;
• Gardens will fit into a hierarchy of spaces, characters and functions;
• Gardens that are places for food growing and orchards, social and community interaction, relaxation and contemplation, ecology, water attenuation, play, movement and recreation. Phase 1 - The Details……..
• 350 Homes in Masterplan
• 30% Affordable (105 Dwellings)
• 5% Self Build (18 Dwellings)
• First phase of Primary School to open Sept 2020
• Community and Healthcare facilities
• Local retail and small business opportunities
• Potential for Extra Care / Assisted Living
Phase 1 Vision Vision - Key Green Infrastructure
Water Management Education Play
Allotments
Play
Wildlife
Orchards Allotments Vision - Key Public Spaces
New Entrance New Entrance Space Space East West Green Link
Boulevard Mixed Use Street
Mixed Use Street Central Space
Mixed Use Street Vision - Key Community Uses
Employment Mixed Use
Health Primary Care School
Dentist Pub / Cafe / Restaurant
Mixed Use
Community Hub / Cafe / Work Hub Vision - Key Housing Types
Apartments Semi Detached
Bungalows
Detached Terraced Houses
Self Build Vision - Key Infrastructure Electric Vehicle Charging Points Green Streets with Potential Reed-bed Filtration swales
Swale
Lake
Lake (water management)
Solar Orientation (south facing Solar gardens and Farm houses) Vision
What makes this new community special?
• It is a development set within a • Access and opportunities strong green infrastructure to engage with the natural landscape • Opportunities to live and work within the community with all the • An inclusive facilities a community needs development with a range of house types • Quiet attractive street and delivery options living environments • Promotes a new, • Gardens that are integral to the innovative and green and blue infrastructure sustainable way of living within Cornwall • Intimate to civic spaces to engage & socialise • Based on a proven historical precedent and future proofed by design code Making a Difference…….Energy
This? Or More Of This? Making a Difference…….Water Treatment
This? Or More Of This?
Phragmifiltre® System Making a Difference……Education
This? Or More Of This? Making a Difference…….Transport
This? Or More Of This ? Making a Difference…….Green Space and Recreation
This? Or More Of This? Making a Difference…….Housing
This? Or More Of This? Making a Difference…….Population and Housing
Indicative Proposals Making a Difference…….Streetscape
This? Or More Of This? The Steps to Delivery
Feb 2018 Phase 1 Outline Design Master Planning Feb 2018 Design Review Panel March 2018 Feedback Forum Formed May 2018 Initial Phase 1 Strategies, Studies and Pre-work completed May 2018 Public Consultation June 2018 Phase 1 Detail Application Submitted to Council for Approval July 2018 School Site Transferred Sept 2018 Phase 1 Consented by Council Q1 2019 Work to Commence on Site
On Site Thank You www.eco-bos.com
Appendix 3e – Letter to Cornwall Council
Mrs L Wood Head of Planning Policy Economic Growth and Development Cornwall Council, Room 2D Pydar House, Pydar Street, Truro, TR1 1XU
11th April 2018
Dear Louise
Further to the questions raised at the recent local plan site allocation hearing I write to confirm our position with regard to development of the West Carclaze site.
As you will be aware we are pursuing a number of routes to delivery, all underpinned by an adopted design code to ensure consistency in terms of the appearance and quality of the project.
Firstly we are in advanced discussions with a number of delivery partners of both local and regional scale. These opportunities range from a simple “contract to build” situation through to a long term Joint Venture approach where we collaborate more formally to deliver our proposals. Unfortunately I am bound by the terms of Non Disclosure Agreements with these organisations and cannot reveal further details at this moment in time. In all situations Eco-Bos would remain as the Master Developer controlling the masterplan development and execution and also the adherence to the design code principles.
Secondly our majority shareholder and investor (Orascom Development Holdings) is a global town developer with a proven track record in delivering significant long term schemes in Europe and the Middle East. It is part of our approach that, as well as the potential to partner with other providers, we will actively seek to deliver an element of the development ourselves and have the in house expertise to undertake this task.
Finally we are committed to working with self builders (5% of the scheme will be self build) and local builders who will be keen to take on the delivery of part of the scheme, either on our behalf or under their own auspices.
We remain fully committed to the scheme and are confident that we will be able to meet our targets in terms of developing out as planned once the necessary consents are in place.
Yours Sincerely
John Hodkin
Managing Director