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Office Use Only Monitoring of Mineral Planning Permissions Report for Fowey Harbour, Fowey, Cornwall

On 24th February 2011

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.

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2Development 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.

24 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 Mr Mick Butfield, Natural Resources, Cornwall Council Date of Visit: 24th February 2011 Time on Site: 09:30 Time off Site: 12.15 Attendees: Mr Adrian Mutton - Imerys Mineral (UK) Ltd Miss Stephanie Bowkett – Cornwall Council Mr Mick Butfield – Cornwall Council Weather: Overcast, Dry, Cold Ground Conditions: Dry Report Author: Stephanie Bowkett, Monitoring Officer, Natural Resources

Permission(s) monitored during this visit: The following table lists the permissions known to exist at the time of the visit which require further monitoring. The historical planning search will be an ongoing process and so this list is not thought to be exhaustive. Any further permission(s) identified prior to the next visit will be included in the next visit.

Application No.

Development

Decision

CS/SFB/68/33036 Change of use of China Clay Haul Road from Par/Fowey 36897/CS Approved 22nd July 1968

4/75/0641/---/FO Erection of workshop/offices, canteen and toilets 4/75/0641/---/FO Approved 17th December 1975

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

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

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

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

86/00386 Sectional office building & erection of garage

86/21/00383/F Approved 5/6/86

89/01095 Erection of prefabricated building for mission to seamen

89/21/01095/F Approved 18/7/89

96/21/00367 Erection of 2 gig boat houses Approved 17/5/96

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. A number of plans providing for the proposed arrangements and loading facilities for the harbour were submitted to the Mineral Planning Authority during the late 1960’s. However the Mineral Planning Authority has been unable to locate any further correspondence relating to these developments and it is possible the drawings were submitted and the proposals were later developed under the provisions of permitted development’ under Part 8 of the GPDO 1995. As there are limited records on file the following photographs below show the current general loading arrangements:

Photographs showing the china clay being brought into the dock via the railway line

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Photograph showing the unloading facilities

Photographs showing the conveyor system to the clays stores and the loading facilities

Photographs showing the loading facilities on the jetty and the control and operations building

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Other known Permissions: The following permissions are known to exist but require no further monitoring for the reasons outlined in the table below.

Decision and Development

Comments

CS/SFB/68/33074 Permitted Development for Erection of Clay Store Building. Photograph showing the clay store

Implemented and still in use. No known conditions to monitor

36968/CS dated 22nd July 1968 Erection of a bridge at Par Harbour

Photograph of the bridge at Par

Implemented and still in use. Unconditional permission

36967/CS dated 22nd July 1968 Alterations to bridge. Photograph as above.

Implemented and still in use. Unconditional permission

40038/CS dated 21st July 1969 Six foot cranked chain link fencing and erection of gates

Unable to locate the fence. Permission assumed to have expired

43143/CS dated 13th July 1970 Construction of a private roadway

Not implemented. Permission expired 13th July 1975

42856/CS dated 8th June 1970 Erection of a Marine Radio Station with underground cable

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

Unable to locate. Permission assumed to have expired 8th June 1975

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4/76/0292/---FO dated 24th March 1976 Stationing of a Mobile office

Photograph showing the former location of the mobile office to the left hand side of the existing building

No longer on site. Permission expired 31st March 1977

4/21/81/00667/F dated 29th June 1981 Use of a of caravan as Flying Angel Club for the Missions to Seamen

Photograph showing empty space once occupied by a temporary caravan

No longer on site, Permission expired 30th June 1983

4/21/81/00667/FR1 dated 7th June 1983 Continued use of a caravan as Flying Angel Club for the Missions to Seamen. Photograph as above

No longer on site. Permission expired 30th June 1986

81/21/00667/FR2 dated 30th July 1986 Continued use of a caravan as Flying Angel Club for the Missions to Seamen Photograph as above.

No longer on site. Permission expired 31st July 1990

R45 dated 6 September 1990 Permitted Development for Reinstatement Works No known conditions to monitor

92/21/00985 dated 9th October 1992 Installation of 2 portable buildings and two portable toilets.

Photographs showing two portable buildings

No known conditions to monitor

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Photograph showing 2 portable toilets 98/21/01548 dated 7th January 1999 Permitted Development for the Installation of antenna to lighting mast.

Photograph showing the antenna

Implemented and still in use. No further conditions to monitor

03/00167 dated 24th April 2005 Demolition of building, conversion of 4 flats & office to 2 flats multiple occupation & meeting room for staff

Land no longer within ownership of operator. Not Implemented.

Permission expired 24th April 2008 05/00022 dated 24th March 2005 Erection of shell fish purification unit.

Photograph showing the shellfish purification building

Permission implemented. No further conditions to monitor

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05/00728 dated 13th June 2005 Resiting of portakabin for storage. Portaloo during construction

Photograph showing the resited portcabin

Permission Implemented. No further conditions to monitor

05/00284 dated 23rd June 2005 Portable building for use as meeting room

Photograph showing the unoccupied space once used to site the mobile meeting room

Not on site. Either not implemented or has since been removed from site.

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3. Compliance with Planning Conditions 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.

Condition Number and Description

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Condition 2

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.

Photograph showing crossing point A-B Photograph showing crossing point C-D

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 brick built pump house and it would seem that the permission was implemented some time ago.

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


The roof shall be clad in dark grey asbestos slates to the satisfaction of the Local Planning Authority. Notes following visit There is a mixture of roofing materials used on the buildings including corrugated sheeting, bitumen felt roofing and tiles. Given that the permission was issued in 1975 it is likely that the roof may have been replaced or repaired since this time and due to changes in legislation it would not have been possible to replace with asbestos slates.

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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.


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Condition 4

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.

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


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Condition 1

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 seems to be approved under the later decision notice 4/21/81/00133E dated 24th March 1981 remain on site.

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

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


Notwithstanding the 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 The pipework from the tanks has been removed which would appear to indicate the tanks were no longer in use. This was later confirmed during discussions with the site manager who indicated that the tanks were no longer in use and that quotes had been sought for their removal. ACTION OPERATOR Given that the tanks are no longer in use then in accordance with the requirements of this condition they should be removed from the site and the land restored to its original condition.


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Condition 4

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.

Photograph showing the colour of the remaining tanks

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


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Condition 1

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 seems to be approved under the earlier decision notice 4/21/79/00276/FP dated 5th June 1970.

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

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.


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 The pipework from the tanks had been removed which would appear to indicate the tanks were no longer in use. This was later confirmed during discussions with the site manager who indicated that the tanks were no longer in use and that quotes had been sought for their removal. ACTION OPERATOR Given that the tanks are no longer in use then in accordance with the requirements of this condition they should be removed from the site and the land restored to its original condition.


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Condition 5

The tanks approved shall be painted to match the colour of 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 The pipework from the tanks had been removed which would appear to indicate the tanks were no longer in use. This was later confirmed during a discussion with the on site manager who also confirmed that quotes had been obtained for their removal. The tanks should now be removed in accordance with condition 4.

86/21/00383/F Provision of Sectional office building & erection of garage dated 5/6/86


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Condition 1

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes following visit The development was implemented some time ago.

Photograph showing the office buildings


The development hereby 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 This permission was issued by the former Restormel Borough Council. Limited plans have been passed to the Mineral Planning Authority regarding this development so it was not possible to monitor this condition other than identifying that the development was sited at the correct location.


The development hereby permitted shall be removed from the site at such time as the use for which planning permission is herby 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 The building remains in use.


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Condition 4

None of the buildings hereby permitted shall be occupied until they have been connected to the main sewer to the satisfaction of the Local Planning Authority. Notes following visit The building is believed to have been connected to the main sewer.

89/21/01095/F Erection of prefabricated building for mission to seamen Approved 18/7/89


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Condition 1


Photograph showing the building used by the Flying Angel Club


The development hereby 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 This permission was issued by the former Restormel Borough Council. Limited plans have been passed to the Mineral Planning Authority regarding this development so it was not possible to monitor this condition other than identifying that the development was sited at the correct location.


The building hereby permitted shall be used only as a Flying Angel Club and for no other purpose whatsoever. Notes following visit The operator confirmed the building remains in use as a Flying Angel Club


The development hereby permitted shall be removed from the site at such time as the use for which planning permission is herby 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 The building remains in use.

96/21/00367 Erection of 2 gig boat houses Approved 17/5/96


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Condition 1


Photograph showing the gig boat house


The boathouse hereby permitted shall be removed from the site at such time as the use for which planning permission is herby 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 The boathouse remains in use.

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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 Issues to be addressed by Operator Decision Notice 4/21/79/00276/FP dated 5th June 1979 for Two holding tanks

• Condition 3 Given that the tanks are no longer in use then in accordance with the requirements of this condition they should be removed from the site and the land restored to its original condition.

Issues to be addressed by Operator Decision Notice 4/21/81/00133E dated 24th March 1981 for two holding tanks for china clay in slurry

• Condition 4 Given that the tanks are no longer in use then in accordance with the requirements of this condition they should be removed from the site and the land restored to its original condition.

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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. 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. The ambers arising during the visit relate to the outstanding removal of the redundant tanks opposite the former station master house as action in Section 10 of this report.

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