Cornwall Council

Dolcoath Avenue Camborne Cornwall TR14 8SX

Email: planning@cornwall.gov.uk Tel: 0300 1234151 Web: www.cornwall.gov.uk

Application number: PA13/05874 Applicant: Miss Lydia Whitaker Network Rail Temple Point Redcliffe Way Bristol BS1 6NL

Planning (Listed Building and Conservation Areas) Act 1990

Refusal of Listed Building Consent

CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES CONSENT for the development proposed in the following application received on 1 July 2013 and accompanying plan(s), for the reasons set out on the attached schedule:
Description of Development:

Erection of pedestrian footbridge [including removal of existing footbridge] and associated works. St Erth Station Station Approach St Erth Hayle Cornwall TR27 6JW St. Erth

Location of Development:

Parish:

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

DATED: 21 November 2013

Phil Mason Head of Planning, Housing and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA13/05874

REASONS:

The proposed demolition of the footbridge will result in substantial harm to the grade II listed building which has a group value with the other station buildings. Despite the strategic transportation benefits that are associated with this scheme, it has not been demonstrated that harm is unavoidable and that alternative schemes that retain the footbridge could not be brought forward. The proposed works are thereby contrary to paragraphs 11, 14, 56, 61, 64 and 126-141 of the National Planning Policy framework, policies GD1, GD2 of the Penwith Local Plan 2004 and policies 13 and 24 of the Cornwall Local Plan Strategic Policies 2010 - 2030 Pre-submission document March 2013. The works also fail to accord with the Council's statutory duties under sections 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 in that the character of the Listed Building will not be preserved.

DATED: 21 November 2013

Phil Mason Head of Planning, Housing and Regeneration

RELBCZ

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA13/05874

RELEVANT PLANNING POLICIES: 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. The National Planning Policy Framework stresses the importance of having a planning system that is genuinely plan-led. Where a proposal accords with an upto-date development plan it should be approved without delay, as required by the presumption in favour of sustainable development at paragraph 14 of the National Planning Policy Framework. Where the development plan is absent, silent or the relevant policies are out of date, paragraph 14 of the National Planning Policy Framework requires the application to be determined in accordance with the presumption in favour of sustainable development unless otherwise specified. In Cornwall the development plan comprises the 'saved' policies from the adopted Local Plans, the Balancing Housing Markets DPD in the former Carrick area and those development plan documents that deal specifically with minerals and waste. The policies in the emerging Cornwall Local Plan are not part of the development plan and have limited weight because of the early stage that the Local Plan has reached in the adoption process but the policy and explanatory text does give a clear indication of the Council's direction of travel. This Local Plan has been developed from an up to date evidence base. The National Planning Policy Framework 2012 o Section 4 - Promoting sustainable transport o Section 7 - Requiring good design o Section 12 - Conserving and enhancing the historic environment Cornwall Local Plan Strategic Policies 2010-2030 - Pre-submission document March 2013 o Policy 1 Presumption in favour of sustainable development o Policy 3 Role and function of places o Policy 13 Design o Policy 14 Development standards o Policy 24 Historic environment o Policy 27 Transport and accessibility o Policy PP2 Hayle and St Ives CNA

DATED: 21 November 2013

Phil Mason Head of Planning, Housing and Regeneration

RELBCZ

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA13/05874

Penwith Local Plan 2004 o GD-1 - Scale and Siting of Development o GD-2 - Design and Layout of Development o TP-1 - Transport Proposals Planning (Listed Buildings and Conservation Areas) Act 1990

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION: Site/location Plan S1 received 02/07/13 Proposed 5117985-ATK-DRG-CV-000021 P02 received 02/07/13 Proposed 5117985-ATK-DRG-CV-000020 P01 received 02/07/13 Existing 5117985-ATK-DRG-CV-000019 P01 received 02/07/13

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with this proposal. Members of the planning committee are not bound to accept the advice of officers. As officers advice has not been followed, reasonable planning grounds have been given for taking a contrary decision which is clearly set out in the reasons for refusal. The issues are so fundamental that it is not possible to negotiate a satisfactory way forward due to the harm that has been clearly identified within the reasons for refusal

DATED: 21 November 2013

Phil Mason Head of Planning and Regeneration

LISTED BUILDING NOTES Attention is drawn to Section 8 of the Planning (Listed Buildings and Conservation Areas)Act, 1990, the effect of which is that demolition may not be undertaken (despite the terms of the consent granted by the Local Planning Authority) until notice of the proposals has been given to the Royal Commission on the Historical Monuments of England, National Monuments Record Centre, Kemble Drive, Swindon, Wiltshire, SN2 2GZ, and the Commission subsequently have either been given reasonable access to the building for at least one month following the grant of consent, or have stated that they have completed their record of the building or that they do not wish to record it. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse Listed Building consent for the proposed works, or to grant consent subject to conditions, he may by notice served within six months of receipt of this notice, appeal to the Secretary of State for the Environment in accordance with Sections 20 and 21 of the Planning (Listed Building and Conservation Areas) Act 1990. (Appeals must be made on a form which is obtainable from The Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN, Telephone: 0117 372 6372 or download from web site www.planninginspectorate.gov.uk). If listed building consent is refused, or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State for the Environment and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by carrying out any works which have been or would be permitted, he may serve on the council of the county borough, county district, or London borough in which the land is situated (or, where appropriate, on the Common Council of the City of London) a listed building purchase notice requiring that council to purchase his interest in the land in accordance with the provisions of Section 32 of the Planning (Listed Buildings and Conservation Areas) Act, 1990. Your attention is drawn to Sections 7 and 9 of the Planning (Listed Buildings and Conservation Areas) Act, 1990, the effect of which is that it is a criminal offence to execute or cause to be executed any works for the demolition of a listed building or for it's alteration or extension in any manner which would affect it's character as a building of special architectural or historic interest without listed building consent. Further it is a criminal offence to fail to comply with any conditions attached to the consent. PLEASE NOTE PERMISSION IS NOT LAWFUL UNTIL THE CONDITIONS ON YOUR DECISION NOTICE HAVE BEEN SUBMITTED TO AND APPROVED (COMPLIED WITH) IN WRITING BY THE LOCAL PLANNING AUTHORITY. The decision notice is important but you must read it together with the application and any approved drawings or documents. It is your responsibility to comply. Failure to comply with the items of an approval could mean that the work you carry out is unauthorised and at risk of enforcement action, which could have serious consequences. Please read the decision notice carefully and ensure that you understand and comply with the requirement of any conditions. Also, you must comply precisely with any approved drawings or documents. If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authoritys decision on your application, then you must do so within 28 days of the date of this notice. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authoritys decision on your application, then you must do so within 28 days of the date of service of the enforcement notice.