Office Use Only Monitoring of Mineral Planning Permissions ... filePage 1 of 25 Office Use Only...

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Office Use Only Monitoring of Mineral Planning Permissions Report for Fowey Harbour, Fowey, Cornwall On 29th July 2010

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 20041. Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit

Site Name and Address: Fowey Harbour, Fowey, St Austell

Legal Agreement(s): None known at the time of this visit. Operator: Imerys Minerals (UK) Ltd Site Status: Active

Type of Visit: Non-Chargeable Visit - Announced

Visiting Officer/s: Miss Stephanie Bowkett, Natural Resources, Cornwall Council

Mrs Ann Pattison, Natural Resources, Cornwall Council Date of Visit: 29 July 2010 Time on Site: 09:30 Time off Site: 13.00 Attendees: Mr John Vine - Imerys Mineral (UK) Ltd

Miss Stephanie Bowkett – Cornwall Council

Mrs Ann Pattison – Cornwall Council Weather: Sunny Warm Dry Ground Conditions: Dry

Report Author: Stephanie Bowkett, Natural Resources, Cornwall Council

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Planning Permission(s) monitored during the visit:

This was the first comprehensive monitoring visit undertaken at Fowey Harbour. This table is not thought to be exhaustive but these were the only planning permissions known to exist at the time of the visit. The historical planning search will be an ongoing process and any further permission(s) identified prior to the next visit will be monitored at the next visit.

Application Number

Development Decision

CS/SFB/68/33074 Erection of Clay Store Building

Permitted Development

CS/SFB/68/33036 Change of use of China Clay Haul Road from Par to Fowey

36897/CS dated 22nd July 1968

CS/SFB/68/33037 Erection of a bridge at Par Harbour

36968 dated 22nd July 1968

CS/SFB/68/33038 Alterations to bridge

36967/CS dated 22nd July 1968

CS/SFB/69/34810 Six foot cranked chain link fencing and erection of gates

40038/CS dated 21st July 1969

CS/SFB/70/37185 Erection of a Marine Radio Station with underground cable

42856/CS dated 8th June 1970

C/SFB/70/37738 Construction of a private roadway

43143/CS dated 13th July 1970

4/75/0641/---/FO Erection of workshop/offices, canteen and toilets

4/75/0641/---/FO dated 17th December 1975

4/76/0292/---FO Mobile office

4/76/0292/---FO dated 24th March 1976

4/21/79/00276/FP Two holding tanks

4/21/79/00276/FP dated 5th June 1979

4/21/81/00133E Two holding tanks for china clay slurry

4/21/81/00133E dated 24th March 1981

A number of plans were identified on file which were submitted to the Council during the late 1960s. The plans proposed arrangements and loading facilities for the harbour as it is seen today. However at the current time the Mineral Planning Authority has been unable to locate a decision notice for these developments. It is possible the drawings were submitted but the proposals were later developed under the provisions of harbour/port permitted development rights. The Mineral Planning Authority and operator should continue to investigate this further.

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Other permissions known to exist but not monitored at the time of the visit:

The following permissions were determined by the former Restormel Borough Council but due to their development description were not thought to be relevant at the time of the monitoring visit. However some of the permissions listed below maybe relevant for Fees purposes, and the Mineral Planning Authority will investigate these further prior to the next visit and include any further relevant decision notices in the next visit.

Application

Number Development Description Decision Date

81/00667 Siting of caravan for missions to seamen

approved 29/6/81

81/00667/FR1 Retention of caravan for mission to seamen

approved 7/6/83

81/00667/FR2 Retention of caravan for mission to seamen

approved 30/6/86

86/00386 Sectional office building & erection of garage

approved 5/6/86

89/01095 Erection of prefabricated building for mission to seamen

approved 18/7/89

92/00985 Installation of 2 portable toilets

No objection 8/10/92

96/00367 Erection of 2 gig boat houses

approved 17/5/96

98/01548 Installation of antenna to lighting mast Permitted development

n/a

03/00167 Demolition of building, conversion of 4 flats & office to 2 flats, multiple occupation & meeting room for staff

Approved 24/4/03

05/00022 Erection of shell fish purification unit

approved 24/3/05

05/00728 Resiting of portakabin for storage, portaloo during construction

approved 13/6/05

05/00284 Portable building for use as meeting room

approved 23/6/05

Note The MPA and Imerys have previously agreed that developments at harbours such as Fowey and Par Docks are capable of being ‘permitted development’ under Part 8 of the GPDO 1995, and therefore the approval or permission of the MPA would not be required, subject to the relevant qualifying criteria Part 8. Under these circumstances it was agreed that Imerys would notify the MPA of its development proposals so that the MPA may a) confirm whether or not a development in question is capable of qualifying as ‘permitted development’ and b) keep a record of developments that are taking place, in the interests of future monitoring of both sites.

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3. Compliance with Planning Conditions Application Number CS/SFB/68/33074 - Erection of Clay Store Building 1968 Drawings were submitted 3 July 1968 for the erection of a clay store building and the development was considered Permitted Development. The building remains in use today as a clay store. Photograph showing clay store building There are no conditions to monitor for this development.

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Application number CS/SFB/68/33036 for the Change of Use of Existing China Clay Rail Track to Haul Road from Par to Fowey 22nd July 1968

Condition Number and Description Condition 1

The method of working the proposed shuttle service of lorries on this road shall be to the satisfaction of the Cornwall County Council and shall be carried out so an to ensure that no nuisance is caused by the emission of china clay dust from the lorries. Notes following visit Most clays are brought to Fowey by rail from Rock Operational Area although some are brought in by lorry from Par. The Mineral Planning Authority has not received any recent complaints referring to any nuisances caused by the use of the haul road and no dust residues were witnessed along the route of the haul road. All vehicles transferring clay are sheeted at all times.


Provision shall be made to the satisfaction of the Cornwall County Council for the continued free passage of pedestrians across the proposed road between the point A-B and C-D shown on the plan attached hereto. Notes following visit Public crossings remain at both point A-B and C-D as shown on the approved drawing FHD/R/5OIA. A-B provides access from a pathway behind houses along Par Green across to the campsite and Par beach. C-D is located a further 250 metres eastwards and provides access near Hamley’s Corner across to the caravan site and Par beach.

Photographs showing crossing point A-B

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Photograph showing crossing point C-D

Photographs taken from Polmear near Par showing sections of the Haul Road

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Application number CS/SFB/68/33037, Decision Notice 36968/CS Erection of a bridge dated 22nd July 1968 Unconditional permission. The permission provides for the erection of a bridge on the internal haul from Par to Fowey. The bridge if located at Polmear and was constructed some time ago.

Photograph showing the bridge at Polmear

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Application number CS/SFB/68/33038, Decision Notice 36967/CS Alterations to bridge dated 22nd July 1968 Unconditional permission. The permission provides for alterations to the bridge on the internal haul from Par to Fowey which are thought to have been undertaken some time ago. There are no approved drawings on file to accompany the decision notice to monitor this any further.

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Application number CS CS/SFB/69/34810, Decision Notice 40038/CS dated 21st July 1969 for a Six foot cranked chain link fencing and erection of gates. The officer was unable to identify the fence during the visit – to check further during next monitoring visit. Condition Number and Description Condition 1 The development herby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes following visit Unable to monitor at this time – to check further during next monitoring visit Condition Number and Description Condition 2 The fence between the points marked A-B on the plan attached hereto shall be set back minimum of 6 feet from the edge of the highway. Notes following visit Unable to monitor at this time – to check further during next monitoring visit Condition Number and Description Condition 3 The area between the proposed fence and the edge of the highway shall be laid out to the satisfaction of the County Council. Notes following visit Unable to monitor at this time – to check further during next monitoring visit Condition Number and Description Condition 4 A scheme of evergreen tree and shrub planting shall be carried out within 12 months of the date of this permission. Notes following visit Unable to monitor at this time – to check further during next monitoring visit

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Application CS/SFB/70/37185, Decision Notice 42856/CS dated 8th June 1970 Marine Radio Station


The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes following visit There is no evidence of the marine radio station at the proposed site and as such it is unknown whether it was ever constructed or if had had been built and since demolished.

Photographs showing the site near Trezare Farm with no evidence of the marine radio station


The mast and buildings shall be removed and the site reinstated to the satisfaction of the County Council should the Radio Station ever become redundant. Notes following visit There is no evidence of the marine radio station at the proposed site and as such it is unknown whether it was ever constructed or if had had been built and since demolished.

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Application C/SFB/70/37738, Decision Notice 43143/CS dated 13th July 1970, Construction of a private roadway


The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes following visit The alternative private roadway is thought to have been proposed due to the congestion issues at that time caused by the one way system on Pinnock Tunnel. However after discussing this with the operator it would seem this private roadway was never constructed. The latest OS maps support this as no roadway is shown at the approved location.


Before the development is commenced a landscaping scheme including tree and shrub planting shall be submitted to and approved by the Local Planning Authority Notes following visit Permission not thought to have been implemented – condition non applicable.


The above mentioned landscaping shall be completed in accordance with a phasing plan to be submitted to and approved by the Local Planning Authority. Notes following visit Permission not thought to have been implemented – condition non applicable.


Detailed plans shall be submitted indicating the treatment of the bridge under the B.3269. Notes following visit Permission not thought to have been implemented – condition non applicable.


Details of any road signs, lighting columns or other street furniture shall be submitted to and approved by the Local Planning Authority Notes following visit Permission not thought to have been implemented – condition non applicable.

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Application 4/75/0641/---/FO, Decision Notice 4/75/0641/---/FO dated 17th December 1975 for the Erection of workshop/offices, canteen and toilets


The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes following visit The approved drawings are difficult to interpret but it is assumed this permission relates to the collection of buildings in front of the pump house and therefore the permission was implemented some time ago.

Photograph showing the canteen workshop and offices in front of the pump house


The roof shall be clad in dark grey asbestos slates to the satisfaction of the Local Planning Authority. Notes following visit The building on the far left hand side has a pitched slate roof and appears to match the proposed workshop (ground floor) and office (first floor) on the approved drawing, although the building has only three windows on the frontage instead of four.

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Detailed particulars of the amount of noise to be generated in the proposed building (the workshop) of the provision to be made in the construction thereof for sound insulation and the times during which noise producing activities will be carried on in the building shall be submitted to and approved by the Local Authority before any development is commenced; and the development shall be carried out and completed and the premises shall be used in every respect in accordance with such approved details. Notes following visit There is no record of the scheme on file however due to the time period which has passed since this decision notice was issued the Mineral Planning Authority does not find it expedient to pursue this at this time.


The workshop shall be used only as a light industrial building as defined in the Town and Country Planning (use Classes) Order, 1972, and for no other purpose. Notes following visit The workshop remains in use for light industrial use.

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Application 4/76/0292/---FO, Decision Notice 4/76/0292/---FO dated 24th March 1976 for a Mobile Office


The development hereby permitted shall be begun not later than the expiration of six months beginning with the date hereof. Notes following visit The Mineral Planning Authority was unable to locate the mobile office at the time of the visit. However once back in the office a check of the 2005 aerial photos appeared to show some kind of development remaining at the approved location. This should be investigated further at the next monitoring visit.

2005 aerial photograph showing the area of the temporary mobile office


The mobile office hereby permitted shall be removed from the site not later than the 31st March, 1977. Notes following visit The Mineral Planning Authority was unable to locate the mobile office at the time of the visit. However once back in the office a check of the 2005 aerial photos appeared to show some kind of development remaining at the approved location. This should be investigated further at the next monitoring visit.

Area for approved temporary mobile office

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Prior to the portakabin hereby permitted being brought into use, it shall be painted olive-drab in colour to the satisfaction of the Local planning Authority. Notes following visit The Mineral Planning Authority was unable to locate the mobile office at the time of the visit. However once back in the office a check of the 2005 aerial photos appeared to show some kind of development remaining at the approved location. This should be investigated further at the next monitoring visit.


Prior to the portakabin hereby permitted being brought into use, mature trees (to species of which shall be agreed) shall be planted and thereafter retained and maintained to the satisfaction of the Local Planning Authority in the position indicated in green. Notes following visit There is no record of the scheme on file and given the time period which has passed since this decision notice was issued the Mineral Planning Authority does not find it expedient to pursue this at this time.


The existing trees shown blue on the approved plan shall be retained and maintained to the satisfaction of the Local planning Authority. Notes following visit There is no record of the planting scheme on file and given the time period which has passed since this decision notice was issued the Mineral Planning Authority does not find it expedient to pursue this at this time.

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Application Number 4/21/79/00276/FP, Decision Notice 4/21/79/00276/FP dated 5th June 1979 for Two holding tanks


The development hereby permitted shall be begun not later than the expiration of five years. Notes following visit Two tanks remain on the site which originally accommodated six tanks. From the aerial photograph below and from the approved plans it appears that the one of the tanks approved under this decision notice has been removed and one remains on site. The other tank remaining on site was approved under the later decision notice 4/21/81/00133E dated 24th March 1981 remain on site.

2005 aerial photograph showing the two tanks remaining on site and the cleared area originally accommodating four further tanks


The development permitted shall not be carried out otherwise than in complete accordance with the approved plans and particulars to the satisfaction of the Local planning Authority. Notes following visit Only one tank remains on site and was in the approved location.

One tank approved under 4/21/81/00133E dated 24th March 1981

One tank approved under 4/21/79/00276/FP dated 5th June 1979

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Notwithstanding he provisions of the Town and Country Planning (control of Advertisements) Regulations 1969 no advertisement shall be erected or displayed on or within the cartilage of the development hereby permitted without the express consent of the Local Planning Authority. Notes following visit There were no advertisements on the remaining tank


The tanks hereby permitted shall be removed from the site at such time as the use for which planning permission is hereby granted is no longer required, and the site shall be restored to its original condition to the satisfaction of the Local Planning Authority. Notes following visit It is unclear what the tanks are used for at this stage. This should be investigated further during the next monitoring visit. If the tanks are no longer be used for china clay slurry then they should be removed form site in accordance with this condition.


The tanks approved shall be painted to the match the colour, the existing tanks, and thereafter maintained to the satisfaction of the Local Planning Authority. Notes following visit The existing tanks have been removed but both of the remaining tanks were grey in colour.


The tanks hereby permitted shall be used only for china clay slurry. Notes following visit It is unclear at this stage what the tanks are used for and this should be investigated further at the next monitoring visit.

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Application number 4/21/81/00133E, Decision Notice 4/21/81/00133E dated 24th March 1981 for two holding tanks for china clay slurry


The development hereby permitted shall be begun not later than the expiration of five years. Notes following visit The two tanks remain on the site as per the aerial photograph below.

2005 aerial photograph showing the two tanks remaining on site and the cleared area originally accommodating four further tanks

Photograph showing the two remaining tanks

Two tanks approved under 4/21/81/00133E dated 24th March 981

Cleared area originally housing a further 4 tanks

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Notwithstanding he provisions of the Town and Country Planning (Control of Advertisements) Regulations 1969 no advertisement shall be erected or displayed on or within the curtilage of the development hereby permitted without the express consent of the Local Planning Authority. Notes following visit There were no advertisements on the tanks at the time of the visit.


The holding tanks hereby permitted shall be removed from the site at such time as the use for which planning permission is hereby granted is no longer required, and the site shall be restored to its original condition to the satisfaction of the Local Planning Authority. Notes following visit It is unclear what the tanks are used for at this stage. This should be investigated further during the next monitoring visit. If the tanks are no longer be used for china clay slurry then they should be removed form site in accordance with this condition.


The tanks hereby permitted shall be painted to match the existing tanks and thereafter maintained to the satisfaction of the Local planning Authority. Notes following visit The existing tanks referred to in this condition were removed some time ago but the two remaining tanks are both coloured grey.

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4. Legal Agreements None known at time of visit 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results Non applicable 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed None at this visit 11. Summary Fowey Harbour is located roughly midway between Plymouth and Falmouth on the western side of the mouth of the river Fowey, with Polruan opposite. The harbour is bounded by the towns and villages of Bodinnick, Golant, Mixtow, Penpol, Lerryn, St Winnow and Lostwithiel. Although for many years nearby Par Docks handled more clay, Fowey has become the primary port for the loading and shipping of china clay, being a deep water harbour. Nowadays most of the clay is brought in to the Fowey port for export via rail from Lostwithiel or the rail facility within the Rocks Operational Area. It is also conveyed by lorry along the private haul road formed on the former track bed of the old Cornwall Minerals Railway which links to Par Docks. The majority of dry bulk clay is loaded into the ships' holds by a loading elevator and a conveyor system. Other methods include the use of large bags and pallets of bagged clay. Clays not designated directly for shipping are discharged for storage into the large clay stores. At the time of this visit the historical planning records for Fowey were limited. The permissions included in this report are not thought exhaustive but were the only planning permissions known to exist at the time of the visit. No planning issues were raised in relation to these permissions at the time of this visit. The historical planning search will be an ongoing process and any further permission(s) identified prior to the next visit will be monitored at the next visit.

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