The Friends of Marsh Lane Nature Reserve request you call in planning application PA16/03519 for a number of reasons which we feel are of national importance.

Localism - Neighbourhood Plan and Local Plan

As of September 2016 - according to its chairman - 'The Hayle Neighbourhood Plan is in its final stages and has undergone widespread consultation, including with statutory consultees'.

The Hayle Neighbourhood Plan has completed its second public consultation and the relevant section - policy B1 - has 88.1% public support [see footnote H-HNP] and the plan was discussed and agreed at Hayle Town Council 16th June 2016.

The emerging Hayle Neighbourhood Plan was a material consideration in Hayle Town Council deciding to strongly object to this development - one of 10 grounds cited [see footnote HTC-PO]

At the Strategic Planning Committee the SPC was given legal advice that the Neighbourhood Plan was simply a draft plan and no weight should be attached - contrary to Government guidance, the NPPF and your own Neighbourhood Planning Bill 2016-17 [see footnote HMG-NPB1617]. They did not ask the Hayle Neighbourhood Plan committee for the status of the plan or for a briefing on the plan.  Nor did they ask for a briefing on the Cornwall Local Plan.  This is contrary to Cornwall Council's own Neighbourhood Planning Toolkit Advice Note [see footnote CC-NPTAN]

Granting this permission will undermine Hayle Town Council's work on its emerging neighbourhood plan and materially damage public confidence in the Neighbourhood Plan process - both in the local area and across Cornwall and other authorities.

We believe the Hayle Neighbourhood Plan and the wishes of the local people and business community should not be ignored and that the status and ability of Neighbourhood Plans to affect issues of local importance is an important national point.

Cumulative impact - retail capacity

Cornwall Council DPD Chapter 4 Hayle [see footnote CC-DPD-HF] states '4.28. The Cornwall Retail Study Update (2015) indicates Hayle would have the capacity to accommodate a modest 680sqm of new convenience floorspace and approximately 1,800sqm of comparison floorspace, up to 2030. However, since the study permission has been granted for 15,000sqm of retail development on the edge of the town, adjacent to the West Cornwall Retail Park.'

The cumulative impact of such a large development on the outskirts of Hayle will be to draw trade out of the Town Centre and into car led shopping - against Government sustainability targets.

In addition we understand that during the examination of the Cornwall Local Plan the Inspector raised serious concerns about the quantum of retail development approved in the area and across Cornwall as a whole. If this scheme is approved the amount of permitted A1 out of town retail in Cornwall will be in excess of 100,000 sq.m. – far in excess of any plan target.

Biodiversity - Sensitive Sites

This site could hardly be more sensitive, and the government has given great protection with the NPPF to sensitive sites and irreplaceable habitats.  NPPF 118 "Planning authorities should refuse planning permission for developments that would lead to loss or deterioration of irreplaceable habitats unless the need for, and benefits of, the development in that location clearly outweigh the loss"

• over 20% is a designated County Wildlife site for Cornwall
• it's on the edge of the flood plain of the Angarrack Stream the developer says in Floodzone 1 (and EA designated Rapid Response catchment with the same risk as Boscastle, three times as many properties at risk mostly in Hayle and no management plan)
• it's a rare freshwater marsh
• part of the site flooded in April 2016
• historic mill races and railway traces remain

Cornwall Council ecologist has consistently maintained strong objections to development on this site under
BS42020, NPPF 118, (NERC) (2006) section 40 [see footnote CC-ACCE]

Even as late as September. and after a late meeting with the developer, the ecologist's concerns continued
"Local Plan Policy wording regarding impacts on County Wildlife Sites which has been assessed by an inspector and I understand is due for adoption in October. This wording is that “Development likely to adversely affect features and locally designated sites of biodiversity or geodiversity interests, including…County Wildlife Sites… will only be permitted where there are no alternative suitable sites, impacts are unavoidable, and there is full provision for habitat recreation and management”. This development does not have to be sited in this location and I cannot therefore accept that there are no alternative sites." 

The Principal Public Space Officer (Landscape) [see footnote PA16-PPSOL] also has significant concerns about development on this sensitive site.

While County Wildlife sites don't have statutory protection 'However, there are planning constraints on County Wildlife Sites and these are recognised in Local Development Plans' [see footnote CC-EOO] It would appear these recognitions have not been given.

Permitting development on this County Wildlife site contrary to the NPPF, BS42020, (NERC) (2006), and Cornwall Local Plan risks setting a precedent affecting all County Wildlife sites in Cornwall and beyond.  We also believe Cornwall Council has erred in not requiring an EIA for such a sensitive site particularly given the strong and sustained biodiversity and sequential issues raised by both the County ecologist and the Cornwall Wildlife Trust and others.

Floodplain

Significant local concern both upstream and downstream of the proposed development site have been aroused by

• the same site in application PA10/04297 being rejected in part as being in the flood plain while the current development is apparently not a flood risk
• the designation since then of the Angarrack Stream as being a Rapid Response catchment - and with flood mitigation on only one of the two streams
• the EA stressing the need for local people to setup its own flood wardens system
• the flooding in 2012, 2014 and as recently as 2016 - none of which are logged by the EA
• the EA exhorting people to be aware to take precautions while apparently permitting the redrawing of the site to allow this development
• the Met Office having as recently as September 2016 required uprating of the risks (the applicants FRA predates these changes)

The issues of floodplain management and development are clearly of national interest.

Summary

In summary - this proposed development is

• contrary and damaging to the Government localism initiatives
• larger than the development areas identified in the emerging Hayle Neighbourhood plan, Local Plan, and not supported by the Hayle Town Framework.  Ignoring these local plans risks losing future public engagement with Government localism initiatives
• overscale for both the available development site and the development size has not been justified
• on a greenfield site
• on > 20% of a rare freshwater marsh Cornwall County wildlife
• outside the designated development areas of Camborne Pool Redruth with its new link road
• outside the Town Centres of Hayle - historically Hayle has two small town centres and GVA say they are more vulnerable than a single town centre
• on an area of historic marsh and flood plain which partially flooded as recently as April 2016
• in the catchment of the Angarrack Stream Rapid Response catchment (an area with the same risk as Boscastle)

From the above, we hope that your organisation will find more than sufficient to call the application in.

Yours faithfully

Friends of Marsh Lane Nature Reserve

mail: info@friendsofmarshlanenaturereserve.org
http://friendsofmarshlanenaturereserve.org

Footnotes
[CC--NPTAN] https://www.cornwall.gov.uk/media/19695024/guide-note-examples-of-emerging-neighbourhood-plans-influencing-planning-applications.pdf
[HTC-PO] - http://www.hayletowncouncil.net/documents/16June2016AppA.pdf
[CC-ACCE] http://docs.planning.cornwall.gov.uk/rpp/showimage.asp?j=PA16/03519&index=13173180&DB=8&DT=4
[CC-EOO] http://docs.planning.cornwall.gov.uk/rpp/showimage.asp?j=PA16/03519&index=13214645&DB=8&DT=4
[PA16-PPSOL] http://planning.cornwall.gov.uk/online-applications/applicationDetails.do?activeTab=consulteeComments&keyVal=O5U19FFG1MQ00&consulteeCommentsPager.page=1
[CC-DPD-HF] http://www.cornwall.gov.uk/media/21973114/4-dpd-hayle-section-final.pdf
[E-CWS] - https://erccis.org.uk/CountySites and https://www.cornwall.gov.uk/environment-and-planning/countryside/wildlife/
[H-HNP] http://friendsofmarshlanenaturereserve.org/atom/9
[HMG-NPB1617] http://services.parliament.uk/bills/2016-17/neighbourhoodplanning.html