Nansledan Local Development Order 2021 16th March 2021 www.cornwall.gov.uk The Nansledan Local Development Order 2021 Cornwall Council, in the exercise of its powers conferred on the Council as local planning authority by sections 61A-61D and Schedule 4A of the Town and Country Planning Act 1990 (as amended) and under Article 38 of the Town and Country Planning (Development Management Procedure) Order 2015 (as amended) makes the following Order: 1. Introduction 1.1 This Order shall be known as the Nansledan Local Development Order and shall come into effect on 16th March 2021. 1.2 The Order relates to the land edged red on the plan attached at Schedule 1. 1.3 The Order shall remain in effect until such time (if any) that it is revoked under section 61A(6) of the 1990 Act. 2. Interpretation "1987 Order" The Town and Country Planning (Use Classes) Order 1987 "1990 Act" the Town and Country Planning Act 1990 "Certificate of Conformity" a certificate provided on behalf of the DOC (generally in the form at Annex 1) for any development carried out under the Order (whether by the DOC or by any other party) and which confirms that the development complies with the Design Manual "Council" Cornwall Council "Design Manual" the Nansledan Design Manual (March 2021) (or variations of the same existing from time to time) "His Royal Highness Charles Philip Arthur George DOC Prince of Wales Duke of Cornwall in right of his Duchy of Cornwall " "Environmental Statement" the environmental statement prepared by Stantec UK Limited on behalf of the Council dated September 2020 and which shall be updated as necessary from time to time following consultation and approval by the Council in accordance with the prevailing statutory provisions "Full Planning Permission" a full planning permission granted prior to the date of the Order for development within the Order Land "GDPO 2015" the Town and Country Planning (Development Management Procedure) (England) Order 2015 "Hybrid Planning Permission" a part-outline/part-full planning permission for development within the Order Land which is extant at the date of the Order "Non-Consented Land" land within the Order Plan which does not benefit from an Outline Planning Permission or a Hybrid Planning Permission "Order" the Nansledan Local Development Order 2021 "Order Land" the plan attached at Schedule 1 "Outline Planning Permission" an outline planning permission for development within the Order Land which is extant at the date of the Order "Parameter Plans" the parameter plans attached at Schedule 4, or variations of the same existing from time to time "Position Statement" the statement to be provided by the DOC to the Council on each anniversary of the date of this Order as set out in Schedule 3 "Reserved Matters Approval" approval of all matters relating to access, appearance, landscaping, layout and scale 2.1 The expressions “the Council" shall include any successor body corporate. 2 2.2 The expression "DOC" shall include His Royal Highness Charles Philip Arthur George Prince of Wales Duke of Cornwall and Rothesay Earl of Chester and Carrick Baron of Renfrew Lord of the Isles and Great Steward of Scotland in right of his Duchy of Cornwall and his successors in title and assigns and any person deriving title through or under him. 2.3 Words importing the singular shall include the plural and vice versa. 2.4 Save where a contrary intention is expressed a reference to an Article or Schedule shall be deemed to be a reference to an Article or Schedule of this Order. 2.5 All references 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. 2.6 All headings are for ease of reference only and shall not affect the interpretation of this Order. 3. Planning Permission Planning permission is granted for the following: a. in relation to the Order Land, development comprising a maximum of 3,700 dwellings, 87,000 sq m gross internal floorspace in Use Classes B (B2, B8, C (C1 & C2), E and F (F1, F2) (including development granted permission under extant outline or full permissions, or under permitted development, located within the LDO area), in addition to GP surgery, pharmacy, church, sui generis uses, bus shelters, rail halt, park and ride, Household Waste and Recycling Centre, highways and access, landscaping, pedestrian paths and cycle paths, bastion wall, drainage infrastructure, earthworks and engineering works necessary to carry out the development, green infrastructure, play areas, sport and recreation, allotments, Suitable Alternative Natural Greenspace, associated works. b. in relation to an Outline Planning Permission: i. Reserved Matters Approval subject to the conditions set out in Schedule 2; ii. development not in compliance with any existing conditions in the relevant Outline Planning Permission c. in relation to a Hybrid Planning Permission: i. Reserved Matters Approval in relation to the outline element of the Hybrid Planning Permission, subject to the conditions set out in Schedule 2. 3 ii. development not in compliance with any existing conditions in the outline element of the Hybrid Planning Permission. d. in relation to Non-Consented Land, development subject to the conditions set out in Schedule 2. e. in relation to works to a completed dwelling, development following the completion of such dwelling provided that such development is in accordance with the Design Manual. f. in relation to works to a completed non-domestic building, development following the completion of such non-domestic dwelling provided that such development is in accordance with the Design Manual g. the change of use of any building or land within any B2, B8, E, F1 or F2 use class under the 1987 Order to: i. any B2 or B8 use class; ii. any E use class; iii. any F1 or F2 use class; iv. any of the following sui generis uses: a. drinking establishments (with or without food provision); b. electric vehicle charging station; c. hiring, selling or displaying motor vehicles or alternative fuel vehicles or electric vehicles; d. taxi business; and e. tanning or beauty salons; under the 1987 Order (where applicable), subject to such change of use being in compliance with the Design Manual and the maximum floorspace figures set out in the Parameter Plans. h. the temporary use of any land or buildings for any use, subject to such temporary use being in compliance with the Design Manual. i. minor amendments to any Outline Planning Permission, Hybrid Planning Permission, Reserved Matters Approval or Full Planning Permission subject to such minor amendments being in compliance with the Design Manual. 4 j. the display of advertisements in accordance with regulations made under section 220 of the Town and Country Planning Act 1990. 4. Monitoring 4.1 On each anniversary of the confirmation of the Order, the DOC shall provide in writing to the Council a Position Statement to comprise the matters set out in Schedule 3. 4.2 The DOC shall keep copies of all Certificates of Conformity provided under the Order and on written request by the Council shall make any such copies available to the Council. 5. Continuing Effect 5.1 In the event that the Order is revoked or modified or revised by the Council: (a) any development authorised under Article 3 of the Order prior to the date such revocation or modification or revision takes effect may be completed; and (b) any uses which have started under the provisions of Article 3 of the Order may continue even if the Order is revoked or is modified or revised. 6. Review 6.1 The Order shall be reviewed by the Council on each tenth anniversary of the date on which it is made and consider whether it remains expedient for the proper planning of the area having regard to the development plan and other material planning considerations 5 Schedule 1 Order Plan 6 Adjacent Properties and Boundaries are shown for illustrative purposes only and have not been surveyed unless otherwise stated. All areas shown are approximate and should be verified before forming the basis of a decision. Do not scale other than for Planning Application purposes. All dimensions must be checked by the contractor before commencing work on site. No deviation from this drawing will be permitted without the prior written consent of the Architect. The copyright of this drawing remains with the Architect and may not be reproduced in any form without prior written consent. Ground Floor Slabs, Foundations, Sub-Structures, etc. All work below ground level is shown provisionally. Inspection of ground condition is essential prior to work commencing. Reassessment is essential when the ground conditions are apparent, and redesign may be necessary in the light of soil conditions found. The responsibility for establishing the soil and sub-soil conditions rests with the contractor. 0 100 200 300 400 500 Scale 1:5000 Land included within LDO G 15/04/20 Red line boundry amened to include road SZ F 13/03/20 SANG Phase 2 added, registered heritage assets removed. CMB E 28/11/19 Masterplan omitted. CMB D 27/11/19 Differentiation in LDO land omitted. CMB C 26/09/19 Grey area amended to include Phase 7, Sector X & SANG land. CMB B 10/05/18 Grey area amended to include Phases 2a & 3b. Key udpated. CMB A 19/04/18 Land not within Duchy control removed. CMB Rev. Date Description Initials PROJECT Nansledan TITLE LDO Red Line Plan DATE 03/2018 SCALE 1:5000 @ A1 DRAWING No.