Penwith District Council - Sustainable Development Policy (Planning Policy)

7.1.1 The towns and villages within the District have diverse and complex roles to play in the lives of residents and visitors as places to shop, work, live and visit. Each settlement, large or small, has distinctive physical characteristics and different levels of service provision that define their role. However, neither of these are fixed as all towns and villages exist in a dynamic situation of change affected by wide ranging and varying issues such as the level of competition from other centres, investor confidence, attractiveness to shoppers and visitors and levels of accessibility. In some cases these factors are external to the District and beyond any direct control. Often they are subject to boom or recessionary influences or the marketing strategies of major operators or investors.

7.1.2 If the towns are to perform effectively as commercial centres that provide a range of services and which continue to form an integral and essential element of the attraction of the District to visitors, the Local Plan must address a broad range of issues encompassing environmental and economic considerations. The approach adopted in this section is to deal firstly with the wider issues relevant to the environment of the urban areas and which are complementary to the policies contained in the Coast and Countryside section (Section 6). Attention is then focused on issues of general relevance to all the main centres followed by a more detailed appraisal of each of these centres. Finally the role of villages and smaller commercial centres is considered.

7.2 POLICY BACKGROUND

7.2.1 The wide ranging roles of the towns and villages in the District and the activities associated with these centres result in several elements of national guidance being relevant to the consideration of their future development. PPG 6 "Town Centres and Retail Development" and Draft PPS 6 'Planning for Town Centres' place a clear emphasis on the location of retail, employment, leisure and other key uses in town centres. Only where such uses cannot be accommodated in centres will edge-of-centre, and then out-of-centre, sites be considered. The guidance supports the diversification of town centres and it also recognises that town centres should retain a wide range of uses and remain a focus for uses which generate a large number of trips. A similar emphasis on locating major trip generators in town centres is contained in PPG 13 "Transport".

7.2.2 Legislation concerning Listed Buildings and Conservation Areas is contained in the Town Planning (Listed Buildings and Conservation Areas) Act 1990 which is augmented by directions contained in Circular 01/01. Listed Buildings are those which have been classified by the Secretary of State for Culture, Media and Sport on the advice of English Heritage as being of special architectural or historic interest. When a building is listed there is a requirement to seek listed building consent before carrying out works of demolition, alteration or extension that would affect its character as a building of architectural or historic interest. Guidance on development affecting Listed Buildings and their settings is given in PPG 15 "Planning and the Historic Environment" and this document also incorporates comprehensive coverage of a range of issues relevant to Conservation Areas including designation, permitted development, demolitions and advertisements. The Regional Planning Guidance (RPG 10) emphasises the importance of historic settlements, archaeology and the built environment and stresses the need for careful conservation and, where appropriate, enhancement. PPG 19 "Outdoor Advertisement Control" identifies that more exacting standards will prevail in Conservation Areas and that special care is required in relation to advertisements displayed on or near Listed Buildings.

7.2.3 The Structure Plan identifies in Policy SP 2 (Policy 1, 2004) that reducing the need to travel is an essential element in achieving sustainable development and that full and effective use should be made of land within urban areas which is located close to existing facilities and well served by public transport. This emphasis is reflected throughout the Plan in relation to various types of development. In respect of shopping and other major entertainment, leisure or community facilities the policy framework closely follows national guidance in terms of the in town centre, edge-of-town centre to out-of-town 'sequential' approach. The retention and improvement of shops and other services meeting the needs of local communities is also supported. Policies within the Environment section seek to protect the character, appearance or setting of historic buildings and settlements.

7.2.4 The District Council has published a range of leaflets giving supplementary guidance on Listed Buildings, Conservation Areas, advertisements and signs in Conservation Areas, replacement doors and windows and shop security. Conservation Area Statements have been published for St Buryan, St Just, Newlyn and Halsetown. These statements identify the distinctive characteristics of specific settlements and further statements will be available in due course.

7.3 POLICIES AND PROPOSALS

7.3.1 The policies and proposals in this section reflect a wide range of the Local Plan's objectives from protecting historic values, the special character of the District and the character and appearance of the built environment, to providing for the reuse of previously developed or underused sites in towns and villages. There is a clear emphasis on locating major commercial development and integrating retail development in the centres of the main towns. This approach both maintains and improves the vitality and viability of those centres and strengthens a pattern of development which reduces the need to travel and maximises the use of services and other resources. The Section, therefore, takes forward the spatial strategy of the Plan (POLICY ST-1, para. 3.3.7) and makes a significant contribution in environmental terms.

The Built Environment

Setting and Character of Towns and Villages

7.3.2 Throughout the District settlements, both large and small, are found in a wide range of distinctive locations. These vary from Penzance and St. Ives on the broad sweep of their respective bays, and Hayle on its estuary, to fishing villages huddled around and above their harbours, churchtown settlements and those dotted on the expanse of the coastal plateau. The undeveloped tracts of countryside surrounding the towns and villages provide attractive settings for the built up areas often as a foreground or background which is important to the character of the settlement. Such areas are frequently significant in helping preserve the most typical views of a town or village and providing the best views of the surrounding countryside from within the settlement. In line with national guidance the approach of the Plan is to protect open countryside for its own sake and the policies in the Environment section of the Structure Plan (Policies 1, 2, 3, 6 & 7. 2004) and the Coast and Countryside section (Section 6), particularly POLICY CC-1 (para. 6.3.3) are relevant.

7.3.3 Where development, which is acceptable in principle, is proposed on the edge of a settlement it is essential that any likely impacts are minimised. In all cases the development must be capable of being successfully integrated into the overall structure of the settlement and not result in an extension of the built up area which is alien to its original form or historic pattern of growth. Impact can be further limited by ensuring that the scale and design is in keeping with the character of the settlement. (POLICIES GD-1, GD-2, and CC-1 (paras. 5.3.3, 5.3.7 and 6.3.3) will be relevant in considering such proposals). In view of their relationship with the towns and villages areas that are important to the setting or character of a settlement can also have a considerable beneficial effect on the amenity and environment of their locality in providing access for informal recreation and wildlife habitats. It is essential that development proposals should not diminish these values. However, uses which do not affect their open nature or accessibility may be compatible with such areas retaining their role.

The Use of Previously Developed Land

7.3.4 The majority of previously developed or derelict land in the District is related to past mining activity and is primarily located in the rural areas. There are, however, disused and derelict sites within the main towns and the reuse of such areas has the double advantage of eliminating problem sites and reducing the demand for greenfield locations for development. There is a strong emphasis in national guidance on the use of previously developed land for housing and this is fully reflected in the Housing section (Section 8). However, this emphasis is important for a wide range of uses including employment related development. There is, therefore, a need to balance the re-use of previously developed land for housing with provision for other uses, including employment, particularly on suitable sites within town centres. POLICY E-10 (para. 9.3.72) is important in this respect.

7.3.5 POLICY TV-1:

DEVELOPMENT WILL BE FOCUSED ON THE TOWNS OF PENZANCE (Link to Map 1), NEWLYN (Link to Map 8), ST. IVES, INCLUDING CARBIS BAY (Link to Map 15 and Link to Map 16), AND HAYLE (Link to Map 17 and Link to Map 18) AND, TO A LESSER EXTENT, THE MAIN VILLAGES LISTED IN POLICY H-5, TOGETHER WITH, IN THE CASE OF SERVICED INDUSTRIAL LAND, THE ST. ERTH STATION AREA (Link to Map 14). PROPOSALS SHOULD MAXIMISE THE USE OF PREVIOUSLY DEVELOPED LAND.

DEVELOPMENT WHICH WOULD HAVE A SIGNIFICANT ADVERSE EFFECT ON THE SETTING OR CHARACTER OF A TOWN OR VILLAGE WILL NOT BE PERMITTED.

PROPOSALS FOR DEVELOPMENT IN OR ON THE EDGE OF A SETTLEMENT SHOULD:-(i) BE WELL INTEGRATED INTO THE FORM OF THE SETTLEMENT;

(ii) NOT HAVE AN ADVERSE EFFECT ON AREAS OF AMENITY, RECREATIONAL OR WIDER ENVIRONMENTAL VALUE AND

(iii) BE OF A SCALE AND DESIGN WHICH IS IN KEEPING WITH THE CHARACTER OF THE SETTLEMENT.

Open Areas Related to Settlements

7.3.6 While POLICY TV-1 seeks to protect the wider settings of settlements from harmful development, specific areas can be identified which are important in terms of their close relationship with the towns and villages. These areas may be within a settlement and make a valuable contribution to the wider environmental value of their locality by providing an open aspect and offering some tranquility in otherwise built surroundings. In many cases such open spaces may be historically significant in that they represent a specific period of a settlement's development and economic prosperity. The value of such areas is not dependent on public access but stems from their contribution, in visual and environmental terms, to the overall scene. They also frequently provide valuable habitats for wildlife.

7.3.7 In addition to areas within settlements there are those on the edge of towns and villages which because of their inter-relationship with the built up areas make an important contribution to their form, environmental quality or character. These areas provide important gaps between settlements or 'green fingers' which extend into the built up area. Such areas are frequently under pressure from development and their loss or erosion would have an adverse impact on the local environment or, in some cases, lead to individual settlements coalescing and losing their separate identities.

7.3.8 As in the case of POLICY TV-1 uses which do not threaten the open nature of these areas may be compatible with retaining their role and in some cases they may already provide valuable recreational space which falls within the purview of POLICIES R-3 and R-4 (paras. 11.3.20 and 11.3.22). However, where such uses are proposed, Policy ENV 7 (Policy 2, 2004) of the Structure Plan, together with POLICY TV-4 (para. 7.3.13) seek to protect trees and woodland that contribute to the character, amenity and environmental quality of the area. Any effect on landscape features and habitats must be considered in the context of POLICIES CC-10 and CC-12 (paras. 6.3.48 and 6.3.57). In considering housing proposals the provisions of Policy H 2 (Policy 10, 2004) of the Structure Plan in relation to the retention of open spaces and town cramming will be particularly relevant.

7.3.9 The basis for the designation of an Open Area Related to a Settlement is that there is a strong relationship between the area and the form, character and environmental quality of the settlement. The factors taken into account, and considered sound by the Local Plan Inspector, are;

The criteria applied in designating each site are listed below:-

CAPE CORNWALL J. AND I. SCHOOL PLAYING FIELD, ST. JUST (Link to Map 4)
A small playing field, used as part of the school facilities for recreational purposes, provides an important open space within a high density residential area.

The Mining Settlements of the North Coast are strung out mainly along the B3306 in close proximity to each other. Together they form a distinctive pattern of individual communities separated by gaps which, if not safeguarded, could lead to a continuous ribbon of development. Their importance is recognised by the Cornwall Industrial Settlements Initiative (CISI), a partnership between English Heritage and the County and District Councils, to assess the character and significance of the County's industrial settlements. The importance of safeguarding the individual character and identity of these separate communities is strengthened by the inclusion of the area within the bid for the Cornish Mining World Heritage Site.

TRUTHWALL – BOTALLACK (Link to Map 5)
This small but distinct gap should be safeguarded to maintain the separate identities of Truthwall and Botallack.

CARNYORTH – TREWELLARD (Link to Map 6)
This break in development should be safeguarded to maintain the separate identities of Carnyorth and Trewellard.

TREWELLARD – PENDEEN (Link to Map 6)
This break in development should be safeguarded to maintain the separate identities of Trewellard and Pendeen.

PENDEEN - LOWER BOSCASWELL (Link to Map 6)
This break in development should be safeguarded to maintain the identities of Pendeen and Lower Boscaswell. While Lower Boscaswell is considered with Higher Boscaswell as part of the village of Pendeen this break in development maintains the separate identities of the different parts of the village and contributes to its semi rural character.

PENDEEN - BOJEWYAN STENNACK (Link to Map 6)
This break in development should be safeguarded to maintain the separate identities of Pendeen and Bojewyan Stennack.

BOJEWYAN STENNACK - HIGHER BOJEWYAN (Link to Map 6)
This break in development should be safeguarded to maintain the separate identities of Bojewyan Stennack and Higher Bojewyan.

MOUSEHOLE – PAUL (Link to Map 7)
This open area of countryside forms an important break separating Paul and Mousehole. In order to retain their separate identities it is essential that this gap is safeguarded from development.

MOUNT MISERY AND NEWLYN COOMBE (Link to Map 8)
This open area forms a significant break separating the urban edge of Penzance and the estate development west of the Coombe in Newlyn, and provides a green wedge which extends right into the centre of Newlyn. In addition the higher area of Mount Misery is a prominent landmark in the local scene.

NANCEALVERNE - CASTLE HORNECK (Link to Map 9)
This open area maintains the break between the north-western boundary of Penzance and the more recent residential development on the edge of Heamoor, important in retaining the separate identities of the town and village.

HEAMOOR PLAYING FIELD AND ADJOINING ALLOTMENTS (Link to Map 9)
This is a significant open space within the built up area providing interest and amenity.

FORMER J. AND I. SCHOOL PLAYING FIELD, HEAMOOR (Link to Map 9)
This is a small but important open space within a high density residential area in terms of amenity and interest within the built surroundings.

LESCUDJACK HILL - TRYTHOGGA, GULVAL – TRANNACK (Link to Map 10)
This predominantly agricultural landscape provides a strong contrast between the urban edge of Penzance and the countryside and effectively retains the break in development between the town and Gulval, safeguarding their separate identities. To the north of the Distributor road the land rises steeply providing a prominent local landmark, from a wide area especially the eastern approach to the town. To the south of the Distributor Road is Chyandour Coombe which forms part of the green wedge which separates Penzance from built development to the east. Lesudjack Hill rises steeply above the Coombe and provides an important local landmark from both within the town and beyond.

PRINCESS MAY RECREATION GROUND, PENZANCE (Link to Map 1 and Link to Map 10)
This is a much valued public open space which not only has a complementary recreational role but provides an important urban green space within a relatively high density residential environment.

ALMA TERRACE, PENZANCE (Link to Map 1)
This urban green space lies within a relatively high density residential area. Although consisting of private gardens the area provides a welcome aspect of interest in otherwise built surroundings enhancing the character of the locality and setting off the attractiveness of the terrace to good effect. The terrace itself is a predominant local feature within the townscape.

NORTH PARADE, PENZANCE (Link to Map 1)
This predominantly green urban space, consisting of private gardens and private parking, provides an area of relative tranquility close to the busy town centre. In addition, it sets off the attractive terrace of houses to very good effect, the whole of which can be appreciated from the surrounding area. It therefore makes a significant contribution to the character and environmental quality of the townscape.

REGENT TERRACE, PENZANCE (Link to Map 1)
This urban green space, consisting of private gardens and private parking, provides an open aspect framing the attractive terrace which is a prominent local feature in the townscape.

LESKINNICK TERRACE, PENZANCE (Link to Map 1)
This urban green space, consisting of private gardens, provides an important open break within a high density residential area. The area adds considerable interest and character to the otherwise built surroundings.

LOVE LANE, PENZANCE (Link to Map 1)
This area forms an extensive green finger separating residential areas and mainly consists of formal and informal recreational areas which complement its role as an urban green space. It makes a significant contribution to the character and environmental quality of the townscape and provides a link between the open countryside of the Nancealverne – Castle Horneck area into the town.

PONSANDANE FIELD, PENZANCE (Link to Map 10)
This attractive open area at the eastern entrance of the town provides a significant green space between commercial and residential development and contributes to the break between the built up area of Penzance and Gulval. This designation also links the Lescudjack Hill – Trythogga – Trannack open area through to Eastern Green.

GULVAL CHURCHTOWN - GULVAL CROSS - EASTERN GREEN (Link to Map 10)
This open, undeveloped gap forms important breaks in development between Gulval Churchtown and the commercial development at Eastern Green, maintaining the distinct identity of Gulval Churchtown, and forms a green finger which extends into the Trevarrack area of Gulval.

NORTH AND EAST OF LONG ROCK (Link to Plan Area East (West) Map)
Much of the village of Long Rock lies within an area bounded by the Long Rock By-Pass and the former A30. Within these confines the village has seen significant industrial and commercial development on its western edge. Development pressures have also arisen to the east of the village which, together with the narrow neck of land north of Darlington Road, provides the only green area left in the village and makes an important contribution to the area's amenity in an otherwise urbanised environment.

LUDGVAN CHURCHTOWN - LOWER QUARTER (Link to Map 11)
Ludgvan Churchtown is separated from Lower Quarter by a predominantly open area which effectively retains the separate identity of the Churchtown.

CHURCH HILL - VELLANOWETH - BLOWINGHOUSE HILL, LUDGVAN (Link to Map 11)
This area is predominant in the local landscape and effectively separates Vellanoweth from Lower Quarter, helping to maintain the rural character of this part of the settlement.

WEST OF TREGENDER HILL, CROWLAS (Link to Map 11)
This valley extends right into the heart of Crowlas providing a prominent visual break between the estate development east of Tregender Lane and housing in Lower Quarter.

ROSEHILL, MARAZION (Link to Map 12)
Rosehill is an attractive open upland feature which rises above this part of Marazion and emphasises the distinctive form of the settlement. It is particularly prominent both from St Michael's Mount and from within the town itself.

GOLDSITHNEY - PERRAN DOWNS (Link to Map 13)
This area serves as a significant break in development between Goldsithney and Perran Downs, the topography and vegetation of the area emphasising the gap between the separate settlements.

BEACH ROAD, ST. IVES (Link to Map 2)
This area provides a gradual transition between the western urban edge of the town and the coastal scenery of the Area of Outstanding Natural Beauty, effectively extending the coastal strip right into the town.

THE ISLAND, ST. IVES (Link to Map 15)
The Island is an environmental, historical and amenity feature of great importance in St Ives. It is highly visible and forms an integral part of the panorama and character of the townscape. The area is the only open space of any size within the town.

TRENWITH, ST. IVES (Link to Map 15 and Link to Map 16)
This area forms a green wedge in this part of St Ives between the high density housing of the Penbeagle area and the more recent development in the Belyars area, extending the countryside into the urban area.

TREGENNA, ST. IVES (Link to Map 16)
This area forms a significant green break within residential development and includes the grounds of Tregenna Castle Hotel containing a large number of mature trees. Considerable residential development has taken place on the northern edge of Carbis Bay and the open area now constitutes a clear break between this development and the main built up area of St Ives. This area forms a highly prominent and attractive local landmark particularly from the Island and harbour area of the town.

LAND ABOVE PORTHMINSTER BEACH, ST. IVES (Link to Map 16)
This steeply rising wooded area provides an important green wedge which effectively extends the wooded feature of Tregenna right down to the foreshore. The land form helps to define the town and contain the scatter of terraces and dispersed dwellings at its edge.

TRELOYHAN, ST. IVES (Link to Map 16)
This wooded area around Treloyhan Manor forms an attractive break in residential development that complements the open area at Tregenna, and visually extends the wooded area down to the foreshore.

CARBIS VALLEY, CARBIS BAY (Link to Map 16)
This attractive sheltered wooded valley is an important amenity feature in the locality, providing a green space within the built up surroundings.

LITTLE MILL LANE - CHENHALLS ROAD, ST. ERTH (Link to Map 14)
This area is an important amenity feature in itself as well as being an integral part of the Hayle River corridor which passes through the village and helps to maintain the close relationship between the settlement and the countryside.

LAND TO THE NORTH OF CARNSEW POOL, HAYLE (Link to Map 3)
This low lying spit of sand and shingle allows important visual links extending across the Hayle estuary towards Lelant from within the town itself. As such it is a significant and valuable open space within the built up area of Hayle.

WEST OF THE VIADUCT, HAYLE (Link to Map 3)
There are two elements within this open area. The area adjacent to the main road provides a predominant visual and physical feature of the Foundry area, traversed by a series of walkways offering spectacular seaward views over the estuary. The second element comprises agricultural land which extends the countryside into the heart of the Foundry area.

ELLIS PARK, HAYLE (Link to Map 3)
This open area, which consists partly of formalised amenity space and partly informal play space, provides an important amenity and green space within this built up area.

MILLPOND - BARVIEW LANE, HAYLE (Link to Map 3 and Link to Map 18)
This open area forms a significant green finger which effectively extends the countryside to the Millpond and the heart of the Foundry area. It also separates the Mellanear and Penpol residential areas.

TREVASSACK, HAYLE (Link to Map 18)
This tract of agricultural land brings the rural character of the High Lanes areainto the heart of the older residential area in this part of Hayle.

WEST OF PHILLACK (Link to Map 3 and Link to Map 17)
The area forms an important feature from within the town and retains the separate identity and character of Phillack Churchtown. Set against the backdrop of dunes, the area is seen to best effect from the main part of Hayle south of the estuary, and makes a significant contribution to the environment of the town.

PHILLACK - LETHLEAN LANE (Link to Map 17 )
This area separates Phillack Churchtown from residential development east of Lethlean Lane, thereby helping the village retain its distinct visual identity.

WEST OF ANGARRACK (Link to Plan Area East (Central) Map)
This open area provides an important and necessary break in the development between Angarrack and the Hayle Business Park on the eastern edge of the town. The retention of this break is important in safeguarding the separate identity of the village.

7.3.10 POLICY TV-2:

7.3.11 In addition to the areas identified in POLICY TV-2, which play an important role in relation to the built environment of the towns and villages, smaller undeveloped sites make an important contribution to the amenity or environmental quality of their immediate locality. A small open area within an estate or a large mature garden can have a considerable impact through providing variety in the townscape and a visual break in the urban environment. The enjoyment of such areas will range from that offered by accessible sites to countless passers-by to the precious relief that a tree or group of trees can give to a group of residents in a densely developed area. Public access to such areas is not essential to their enjoyment or value.

PROPOSALS FOR DEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF, OR HAVE A SIGNIFICANT ADVERSE EFFECT ON, OPEN AREAS WITHIN TOWNS AND VILLAGES WHICH CONTRIBUTE TO THE CHARACTER, LOCAL AMENITY OR ENVIRONMENTAL QUALITY OF THEIR SURROUNDINGS WILL NOT BE PERMITTED.

Trees

7.3.13 Trees can make a significant contribution to the urban environment by bringing diversity and contrast to the street scene and providing valuable wildlife habitats. Particularly significant single examples or groups may already be the subject of Tree Preservation Orders and others may be within Conservation Areas, where permission is required to fell. Street trees are scarce in Penwith and frequently those which are the most important are located in parks, open areas and private gardens. It is considered that all trees, which make a valuable contribution to the environmental quality of their locality in the urban areas, should be safeguarded. This is complementary to the approach adopted in POLICY CC-12 (para. 6.3.57) to trees in the countryside.

7.3.14 POLICY TV-4:

PROPOSALS FOR DEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF OR DAMAGE TO TREES IN OR ON THE EDGE OF TOWNS AND VILLAGES WHICH MAKE A SIGNIFICANT CONTRIBUTION TO THE CHARACTER, LOCAL AMENITY OR ENVIRONMENTAL QUALITY OF THEIR SURROUNDINGS WILL NOT BE PERMITTED.

7.3.15 POLICY GD-3 (para. 5.3.9) requires development to incorporate landscaping and planting and identifies that such schemes should, where practicable, encourage wildlife. It is essential that such measures are complemented by a general encouragement to plant trees and to replace those which are nearing the end of their lifespan. POLICY CC-13 (para. 6.3.63) relates to tree planting in the countryside but the contribution of the trees to the environment in towns and villages is equally important. The District Council works in partnership with community groups and the British Trust of Conservation Volunteers (BTCV) helping to maintain and create community woodlands, gardens and recreation sites within the district. These groups include The Millennium Woodlands Project and Friends of Morrab Gardens.

7.3.16 POLICY TV-5:

TREE PLANTING SCHEMES, AND THE REPLACEMENT OF DEAD, DYING AND DISEASED TREES IN OR ON THE EDGE OF TOWNS AND VILLAGES WILL BE SUPPORTED USING NATIVE SPECIES, WHERE APPROPRIATE.

The Historic Environment

Character and Appearance of Conservation Areas

7.3.17 Local Authorities are required under existing legislation to keep the designation of Conservation Areas under review and consider whether further areas should be designated. There is no standard specification for a Conservation Area, since the characteristic elements of such areas can be so diverse. It is, therefore, the essence or character of a particular area which is considered worthy of designation. Each of the designated Conservation Areas within the District has its own special characteristics ranging from small churchtown settlements, through the tightly knit cottages of St. Ives and Mousehole, to the commercial and administrative centre of Penzance. Whatever form Conservation Areas take the planning authority has a statutory duty to formulate and publish proposals for their preservation and enhancement. Furthermore in exercising planning functions special attention must be paid to the desirability of preserving or enhancing the character or appearance of Conservation Areas. In some Conservation Areas, namely Penzance (Link to Map 1), St. Ives (Link to Map 2), St. Just (Link to Map 4), Mousehole (Link to Map 7), Newlyn (Link to Map 8), Goldsithney (Link to Map 13), Gulval (Link to Map 10), Lelant (Link to Plan Area Map East Central) and Halsetown (Link to Map 16), the degree of planning control is strengthened by Article 4 Directions so that planning approval is required for various minor developments and for all changes that materially affect the external appearance of buildings, which would otherwise be permitted under the General Development Order. The purpose of this is not to prevent all change or development but to ensure a consistently high architectural design of work.

7.3.18 Policy ENV 3 (Policy 2, 2004) of the Structure Plan states that development within a Conservation Area should pay special attention to the preservation or enhancement of its character or appearance. All developments in Conservation Areas must comply with the provisions of POLICIES GD-1 and GD-2 (paras. 5.3.3 and 5.3.7) and TV-1 (para. 7.3.5) in terms of integration, design and effect on the setting of the settlement. However, if Conservation Areas are to retain their character new development must complement the special and distinctive values relevant to each of the designated areas. The intention of designation is not to prevent development but to ensure standards of design which will preserve or enhance the character and appearance of Conservation Areas. Development which would prejudice these interests or harm the importance of a Conservation Area will not be acceptable. Proposals for the demolition of a building which makes a positive contribution to the character and appearance of a Conservation Area will be considered in the context of POLICY TV-11 (para. 7.3.30). As identified in paragraph 7.2.4 the Council has produced leaflets containing general design guidance on a range of issues in Conservation Areas and a series of Conservation Area statements is being produced.

7.3.19 POLICY TV-6:

PROPOSALS FOR DEVELOPMENT WHICH WOULD AFFECT A CONSERVATION AREA MUST NOT CONFLICT WITH THE OBJECTIVE TO PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE AREA IN TERMS OF SCALE, SITING, DESIGN AND MATERIALS. DEVELOPMENTS WHICH WOULD HAVE AN ADVERSE EFFECT ON THE CHARACTER, APPEARANCE OR ARCHITECTURAL AND HISTORIC IMPORTANCE OF A CONSERVATION AREA WILL NOT BE PERMITTED.

Retail Premises in Conservation Areas

7.3.20 The design of shop fronts and other commercial premises in Conservation Areas needs to be closely linked to the architectural qualities of the locality and must relate to the character of the building and area within which they are situated. Within Conservation Areas the major problems are the use of 'corporate image' standardised shop fronts and fascias which pay little or no regard to the special identify of buildings of which they form a part and, more recently, the introduction of crime prevention measures such as metal shutters. This results in a loss of individuality together with the displacement of traditional materials in favour of aluminium and plastic and, after trading hours, closed frontages which make no contribution to the vitality or appearance of the street scene. If the intrinsic character of Conservation Areas is to be protected it is essential that greater attention is paid to the detail of proposed alterations to shop fronts in terms of their appearance and impact on the buildings in which they are located. In the case of security fittings while it is important that every chance is taken to eliminate opportunities for crime, particularly against commercial property, it is nevertheless essential that such measures respect the character of the area. Careful treatment of the overall shopping environment through strategic location of bollards, seating, planters and lighting can achieve considerable success and POLICY GD-2 (para. 5.3.7) identifies that the design and layout of development should provide a safe and secure environment. The reintroduction of living accommodation above town centre premises within the context of POLICY H-12 (para. 8.3.68) may also be an effective deterrent. Where security measures are proposed they must either be of the internal type, possibly supplemented by laminated glass or, where external, utilise translucent or perforated screens which do not entirely obscure the frontage. The housings required for external shutters must be concealed within the fascia. A leaflet giving further guidance on the design of measures for shop security is available from the Council.

WITHIN CONSERVATION AREAS THE DEVELOPMENT, REDEVELOPMENT OR ALTERATION OF SHOPS OR OTHER COMMERCIAL PREMISES WILL BE REQUIRED TO RESPECT THE CHARACTER AND APPEARANCE OF THE BUILDING AND ITS SURROUNDINGS. PROPOSALS WILL NOT BE PERMITTED WHICH:-

(i) USE STANDARD FRONTAGES, FASCIAS OR LARGE AREAS OF GLASS WHERE THEY ARE NOT IN KEEPING;

(ii) REMOVE, OBSCURE OR DEFACE FEATURES OF ARCHITECTURAL OR HISTORIC INTEREST OR ALTER OR OBSCURE WINDOWS OR

(iii) INVOLVE FASCIAS WHICH ARE OF A COMMON DEPTH LINKING TWO OR MORE BUILDINGS WITH SEPARATE ARCHITECTURAL IDENTITIES OR WHICH EXTEND ABOVE FIRST FLOOR WINDOW CILLS.

WHERE SECURITY MEASURES ARE PROPOSED INTERNAL SCREENS, IN CONJUNCTION WITH SECURITY GLAZING, OR EXTERNAL SCREENS WHICH ARE OF A PERFORATED OR TRANSLUCENT TYPE WITH CONCEALED HOUSINGS WILL BE REQUIRED.

Advertisements and Signs in Conservation Areas

7.3.22 Advertisements and signs have a significant effect on the visual amenity of both rural and urban areas and POLICY GD-6 (para. 5.3.16) identifies the general requirements for advertisements which are intended to apply throughout the District. Within Conservation Areas it is particularly important that signs should be well designed and carefully sited with a view to limiting their impact on the character or appearance of the area. Skilfully executed signs frequently achieve a positive contribution to the attractiveness and interest of the street scene. The majority of the main shopping centres in the District are within Conservation Areas and the use of individually designed signs, which are in keeping with their locality and the building on which they are placed, will achieve variety while avoiding unsympathetic signs and visual clutter which detract from the fundamental value of such areas. Lighting should be from external sources unless individual internally illuminated letters are used. While large advertisement hoardings can often play a useful role in screening vacant sites or providing colour and interest in some parts of Conservation Areas, they will not be acceptable where they would conceal significant buildings or features. The Council has published a leaflet giving guidance on advertisements and signs in Conservation Areas.

7.3.23 POLICY TV-8:

WITHIN CONSERVATION AREAS ADVERTISEMENTS AND SIGNS WILL BE PERMITTED PROVIDED THAT THEY MEET THE REQUIREMENTS OF POLICY GD-6 AND UTILISE:-

(i) HAND PAINTED WALL MOUNTED, FASCIA OR PROJECTING SIGNS;

(ii) WINDOW SIGNS PAINTED DIRECTLY ON THE GLASS;

(iii) INDIVIDUAL LETTERS ATTACHED TO THE FACE OF THE BUILDING;

(iv) SPOTLIGHTING, FLOODLIGHTING OR INDIVIDUALLY ILLUMINATED LETTERS OR

(v) OTHER STYLES OF SIGNS OR ILLUMINATION WHICH ARE IN KEEPING WITH THE CHARACTER AND APPEARANCE OF THE BUILDING AND SURROUNDING AREA.

LARGE ADVERTISEMENT HOARDINGS WILL NOT BE PERMITTED WHERE THEY WOULD OBSCURE BUILDINGS OR FEATURES WHICH MAKE A POSITIVE CONTRIBUTION TO THE STREET SCENE OR CHARACTER AND APPEARANCE OF THE AREA.

Replacement Windows and Doors in Conservation Areas

7.3.24 The ready availability and convenience of replacement windows in PVC-u with double-glazed units has led to the loss of a significant proportion of traditional windows in Conservation Areas. There can be no doubt that certain elements of non-traditional replacement windows and doors, for example thick frames and transoms, machine finished appearance, lack of moulding details, internal glazing bars which give a flat 2-dimensional appearance, reduction of external reveals and opening methods, combine in having a serious and detrimental effect on the visual quality of Conservation Areas. There may be occasions where the use of PVC-u may be appropriate, such as replacements in modern buildings of non-traditional design. However, in seeking an improvement to the quality of Conservation Areas, it is essential that owners are encouraged to use windows and doors of an appropriate design for the building and to have regard to the effect of their proposals on the surrounding area. It should be noted that existing windows and doors may not be those fitted when the building was first constructed and every effort should be made to ensure that any replacements revert to a design which reflects the original, or are historically correct to the building's period and type. There will also be circumstances where traditional designs and materials should be used to replace outworn PVC-u units. Control over replacement windows and doors in single dwelling houses can only be exercised where Conservation Area status is supplemented by an Article 4 Direction removing the relevant permitted development rights. The Council has published a leaflet containing advice on replacement doors and windows. The issue of windows and doors of this type in Listed Buildings is covered by POLICY TV-12 (para. 7.3.32).

7.3.25 POLICY TV-9:

IN CONSERVATION AREAS SUBJECT TO RELEVANT ARTICLE 4 DIRECTIONS PVC-U AND OTHER NON-TRADITIONAL REPLACEMENT WINDOWS AND DOORS WILL NOT BE PERMITTED UNLESS:-

(i) THEY WOULD BE IN KEEPING WITH THE BUILDING IN QUESTION AND

(ii) THE DESIGN CLOSELY REFLECTS THAT OF THE
ORIGINAL INSTALLATION.

Proposals Affecting Listed Buildings

7.3.26 Listed Buildings are a finite resource which, if lost, cannot be replaced. Their special value can be harmed by unsuitable alteration as well as by outright demolition. Listed Building consent is normally required for demolition or other works which would affect the character of a building in terms of its special architectural or historic interest. It is a criminal offence to carry out such works without consent. Government guidance in PPG 15 "Planning and the Historic Environment" states that there should be a general presumption in favour of preserving Listed Buildings unless a convincing case can be made out for alteration or demolition. This approach is reflected in Policy ENV 3 (Policy 2, 2004) of the Structure Plan which places priority on the preservation of the fabric and settings of Listed Buildings and indicates that new uses should be compatible with their character and setting.

7.3.27 Within the District, Listed Buildings form an important part of the local heritage. They make a significant contribution to the character of the urban areas and frequently constitute an important part of the rural landscape. If they are to continue to do so it is essential that development proposals which affect them respect the specific elements which make them of architectural or historic worth. It is frequently the case that the settings of such buildings are equally sensitive in that they provide the historical context and significant townscape or landscape links. In some cases proposals for development affecting a Listed Building may have wider benefits for the community by contributing to the economic regeneration of the area or providing an environmental enhancement which clearly compensates for the effect on the building. POLICY TV-10 applies to development proposals affecting Listed Buildings in the countryside as well as in towns and villages. A leaflet containing detailed advice on Listed Buildings and the implications for owners is available from the Council.

7.3.28 POLICY TV-10:

PROPOSALS FOR DEVELOPMENT WHICH WOULD DIRECTLY OR INDIRECTLY AFFECT A LISTED BUILDING WILL NOT BE PERMITTED UNLESS THEY RESPECT:-

(i) ITS INTRINSIC ARCHITECTURAL AND HISTORIC VALUE;

(ii) ITS DESIGN AND PARTICULAR PHYSICAL FEATURES; AND

(iii) ITS SETTING AND CONTRIBUTION TO THE LOCAL SCENE.

7.3.29 Government guidance accepts that there will, very occasionally, be circumstances where the demolition of a Listed Building is unavoidable. However, where proposals for development would result in demolition there must be clear and convincing evidence that all reasonable efforts have been made to sustain existing uses or find viable new uses, that its repair and maintenance are not financially practicable or that redevelopment would produce community benefits which clearly outweigh the loss of the building. Partial demolition will be acceptable where the works would not affect the intrinsic value of the building or would effect an improvement to the building or its setting through, for example, the removal of later unsympathetic extensions. In all cases where a demolition would result in a detrimental effect on the area in which the building is located through the creation of an unsightly gap in the townscape or similar impact, a condition will be imposed to ensure that demolition is linked to the associated redevelopment. PPG 15 indicates that there is also a general presumption in favour of retaining buildings which make a positive contribution to the character and appearance of Conservation Areas and proposals to demolish such buildings should be assessed against the same broad criteria as those to demolish Listed Buildings. POLICY TV-11 therefore also applies to such buildings.

7.3.30 POLICY TV-11

PROPOSALS FOR DEVELOPMENT WHICH WOULD RESULT IN THE DEMOLITION OR PARTIAL DEMOLITION OF A LISTED BUILDING OR A BUILDING WHICH MAKES A POSITIVE CONTRIBUTION TO THE CHARACTER AND APPEARANCE OF A CONSERVATION AREA WILL NOT BE PERMITTED UNLESS:-

(i) ALL REASONABLE EFFORTS HAVE BEEN MADE TO SUSTAIN EXISTING USES OR FIND VIABLE NEW USES;

(ii) THE COST OF REPAIR AND MAINTENANCE WOULD SUBSTANTIALLY OUTWEIGH THE IMPORTANCE OF ITS RETENTION AND THE VALUE WHICH WOULD BE DERIVED FROM ITS CONTINUED USE;

(iii) THE DEVELOPMENT WOULD RESULT IN SUBSTANTIAL BENEFITS FOR THE COMMUNITY WHICH DECISIVELY OUTWEIGH THE LOSS OF THE BUILDING OR

(iv) THE PROPOSAL INVOLVES THE REMOVAL OF ELEMENTS OF THE BUILDING WHICH DO NOT CONTRIBUTE TO ITS INTRINSIC VALUE OR CHANGES WHICH WOULD RESULT IN AN IMPROVEMENT TO THE BUILDING OR ITS SETTING.

Replacement Windows and Doors in Listed Buildings

7.3.31 As identified in paragraph 7.3.24 the replacement of traditional windows and doors with PVC-u double glazed units and other non-traditional types has had a serious detrimental effect on many Conservation Areas. In the case of Listed Buildings the advice in Annexe C of PPG 15 emphasises that replacement doors should copy the original in terms of materials, detail of design and paint finish and that the use of factory made standard windows is almost always damaging. Double glazing units are now available in timber windows of a traditional design and there are firms that specialise in refurbishing existing windows so as to minimise leaks and draughts. It is not considered that the frequently quoted 'advantage' of minimal maintenance is sufficient to outweigh the environmental impact of these replacement units.

7.3.32 POLICY TV-12:

PVC-U WINDOWS AND OTHER NON-TRADITIONAL REPLACEMENT WINDOWS AND DOORS WILL NOT BE PERMITTED IN LISTED BUILDINGS IF THEY WOULD ADVERSELY AFFECT THE ARCHITECTURAL OR HISTORIC INTEREST OF THE BUILDING.

Buildings of Local Significance

7.3.33 As identified in paragraph 5.3.21 there are many buildings not of national architectural or historic interest but which are of local importance such as chapels and schools. A significant proportion of these are located within the towns and villages and the provisions of POLICY GD-8 (para. 5.3.22) will be relevant in considering proposals affecting such buildings.

Traditional Shop Fronts

7.3.34 Throughout the District there are many shops which still retain traditional fronts. While there are significant numbers in the main centres, they are also to be found in village centres or as single units serving a few streets in the urban areas. These shops add variety and character to the street scene and their loss, in favour of standardised fronts and fascias of unsympathetic design and materials, is to be regretted. In many cases development in the main shopping streets has not harmonised well with existing development and there is a need for these to respect the predominant scale of the area and, in the case of shop fronts, the quality of design of the floors above. While POLICY TV-7 (para. 7.3.21) applies to all development proposals affecting shops in Conservation Areas it is considered that some measure of general protection should be afforded to existing traditional shop fronts, fascias and signs and an emphasis placed on their retention. In addition where modern shop fronts are replaced it is important that the mistakes of the past are not repeated and it is therefore essential that replacements are in keeping with their related building and its surroundings.

7.3.35 POLICY TV-13:

WHERE DEVELOPMENT AFFECTS A TRADITIONAL SHOP FRONT OR FASCIA IT MUST BE RETAINED, WHERE PRACTICABLE, OR REPLACED IN A SIMILAR FORM. IN OTHER CASES THE REPLACEMENT OF SHOP FRONTS MUST BE IN KEEPING WITH THE DESIGN OF THE BUILDING AND CHARACTER OF ITS SURROUNDINGS.

Sites of Archaeological Importance

7.3.36 The significance of the archaeological remains of the District and the measures being undertaken to preserve this heritage are outlined in paragraphs 6.3.72 to 6.3.89 of the Coast and Countryside section (Section 6). Proposals which affect Ancient Monuments, other nationally important archaeological remains or remains of county importance in the built up areas will be considered in the context of POLICIES CC-15 and CC-16 (paras. 6.3.78 and 6.3.81).

Historic Settlements

7.3.37 Proposal ENV C of the Structure Plan lists St. Ives, Penzance and Marazion as Historic Settlements which are defined as towns which have their origins in the medieval period and claimed borough status before 1600. The significance of such areas lies in the buried deposits upon which the modern day settlement is sited as well as the fabric and form of the built environment itself. Accordingly Policy ENV 3 (Policy 2, 2004) of the Structure Plan identifies that particular regard should be paid to the impact of development on buried layers of historic and architectural interest. POLICY TV-14 seeks to ensure that development proposals respect the medieval origins of these settlements and that opportunities are afforded to carry out investigations and recording of remains. Planning Policy Guidance "Archaeology and Planning" (PPG 16) sets out detailed advice on the handling of archaeological remains in the planning process. Nationally important archaeological sites and structures and their settings, whether scheduled or not, will normally be physically preserved 'in-situ' from development that may adversely affect them. Where there is reason to believe that important archaeological remains may exist on a proposed site it is vital that early consideration is given to this in the planning process. The Council may request a field evaluation to be undertaken, which provides a rapid and inexpensive operation used to help define the character and extent of the remains and thereby indicate the weight which should be attached to their preservation. Where preservation 'in-situ' is not considered justified it is important that satisfactory provision is made for excavation and recording of the remains before the development commences. In the absence of an agreement the Council can secure excavation and recording by imposing conditions.

WITHIN HISTORIC SETTLEMENTS PROPOSALS FOR DEVELOPMENT WILL BE REQUIRED TO RESPECT THEIR MEDIEVAL ORIGINS AS MANIFESTED IN THEIR LAYOUT AND BUILT FABRIC. WHERE DEVELOPMENT WOULD BE LIKELY TO AFFECT BURIED LAYERS OF ARCHAEOLOGICAL REMAINS CONDITIONS WILL BE IMPOSED, OR A PLANNING OBLIGATION SOUGHT, TO ENSURE THAT PRIOR SITE INVESTIGATIONS AND RECORDING ARE UNDERTAKEN.

Re-use of Derelict or Previously Developed Sites

7.3.39 Paragraph 7.3.4 and Policy TV-1 (para. 7.3.5) emphasise the importance of reusing previously developed land in towns and villages for development. However, there maybe specific issues of contamination that need to be considered. Policy ENV 13 (Policy 2 & 3, 2004) of the Structure Plan focuses on reclamation schemes which remove safety hazards, facilitate appropriate development or enhance the historic landscape or nature conservation value of the land. Details of the Council's Land Reclamation Strategy are given in paragraph 6.3.92.

7.3.40 While the clear advantages of reusing previously developed sites within the built up area are acknowledged it is important that their reuse makes either a positive contribution to the regeneration of the town or village or results in a more attractive environment. In all cases uses proposed for such sites must not be in conflict with existing uses in the locality. Previously used land may have been contaminated by its former use and may need to be made safe, to a suitable level, for any new use. Contamination may put at risk the people working on the site, the occupiers and users of buildings and land, and the buildings or services themselves. Contaminants may also escape from a site causing water pollution or the pollution of land nearby. Risks associated with contamination need to be identified early in the development process so that the choice of new use is appropriate to the degree and type of contamination and the cost of remedial action. An assessment of any site where contamination is suspected should therefore be carried out by the developer, in advance of the granting of planning permission. Buildings, when demolished, can give rise to Special Wastes such as asbestos, oil, pesticides and chemicals associated with vehicle repairs or maintenance. The Environment Agency can advise applicants on the relevant regulations and if off-site disposal is utilised it must be in accordance with the Duty of Care and the Waste Management Licensing Regulations 1994. As a result of previous activities derelict land often contains toxic materials and Policy ENV 14 (POLICY 3, 2004) of the Structure Plan identifies that pollution should not be increased by development either directly or indirectly. Where this is likely work will need to be undertaken to establish the degree of contamination and measures to avoid pollution will be required by planning conditions. POLICY GD-4 (para. 5.3.11) and POLICIES CS-5 and CS-8 (paras. 13.3.21 and 13.3.29) will be relevant in considering proposals likely to cause pollution.

7.3.41 In addition to those identified above there are policies in both the Structure and Local Plan which either relate directly to the reuse of specific derelict or under used sites or are relevant in more general terms. PROPOSALS TV-A (Link to Map 1), TV-D (Link to Map 3) and TV-E (Link to Map 3) (paras. 7.3.68, 7.3.119 and 7.3.121) provide for the redevelopment of crucial 'brownfield' sites adjacent to Penzance town centre and Hayle Harbour for a variety of potential uses. In addition, all but one of the sites proposed for housing (paras.8.3.25 to 8.3.43) are on previously developed land. Where a reclamation proposal affects important archaeological sites or a Historic Settlement, Policies ENV 2 and ENV 3 (Policy 2 & 3, 2004) of the Structure Plan will be relevant together with the provisions of POLICIES CC-15, CC-16, TV-14 (paras. 6.3.78, 6.3.81 and 7.3.38) of the Local Plan. POLICY TV-15 is complemented by POLICY CC-18 (para. 6.3.95) which relates to site in the countryside.

7.3.42 POLICY TV-15:

WHERE PROPOSALS FOR THE RE-USE OF PREVIOUSLY DEVELOPED LAND, INCLUDING THE RECLAMATION OF DERELICT LAND, IN TOWNS AND VILLAGES INVOLVE SITES LIKELY TO CONTAIN CONTAMINATED OR TOXIC MATERIALS PRIOR INVESTIGATIONS WILL BE REQUIRED TO DETERMINE THE EXTENT OF CONTAMINATION AND, WHERE NECESSARY, MEASURES TO AVOID POLLUTION DURING AND AFTER IMPLEMENTATION WILL BE SECURED THROUGH THE USE OF CONDITIONS.

Hierarchy and Role of Centres

7.3.43 Truro is the dominant shopping centre in Cornwall and, located as it is just over 25 miles from Penzance, its influence extends well into Penwith. The strength of Truro as a trading centre is emphasised by the range of national multiple stores in the centre. It follows therefore that Penzance occupies an intermediate position in the shopping hierarchy of the County. While Penzance may be a second order centre within the County it is nevertheless the dominant centre within the District. The town provides a very full range of services with a number of national multiples represented together with most building societies and main branches of the big banks. The largest supermarkets in the District are located on the eastern approach to the town and retail warehouses have also been developed in this area. In addition the town is an important administrative centre and a focus for recreation and entertainment provision which also serves to emphasise its importance to the local holiday industry.

7.3.44 St. Ives, which provides a range of services and shops, is an important centre in its own right. The town centre is made up of primarily small independent traders and much of the commercial activity is geared towards tourism. The town plays a central role in the holiday industry of the District and in addition to a significant amount of accommodation St. Ives offers a wide choice of entertainment facilities and other attractions, including the Tate Gallery. Although a supermarket has been developed at Carbis Bay, on the main approach to the town, in shopping terms St. Ives is a secondary centre to Penzance. Hayle has shopping centres at Foundry and Copperhouse, which is the larger of the two. While the facilities in both these centres are of a predominantly lower order they provide valuable local services, particularly to those without a car who might otherwise have to travel to Penzance or Camborne. There is a large amount of predominantly self-catering holiday accommodation located in the Towans area and this no doubt strengthens the trade within the centres. In addition to the main towns St. Just occupies an important position within the Land's End peninsula and provides a valuable service centre for the extreme western part of the District. There are also smaller centres in the towns of Newlyn and Marazion. The major villages contain some shopping facilities while others may have a general store. However, these have been under increasing pressure through high operating costs and competition from larger stores.

7.3.45 Planning Policy Guidance "Town Centres and Retail Developments" (PPG 6 and emerging PPS 6) is very clear that town centres are part of the national civic heritage and identifies that the vitality and viability of these centres depend on:

The guidance also seeks a diversity of uses in town centres. In addressing the issue of shopping Policy SHOP 1 (Policy 14, 2004) of the Structure Plan places a strong emphasis on locating retail development, other major entertainment, leisure or community facilities and public or commercial offices likely to attract large numbers of people in or immediately adjoining existing centres. Where suitable sites are not available priority should be given to alternatives close enough to a centre to allow for one journey to serve several purposes. Policy TRAN 1(Policy 28, 2004) also indicates that development proposals should be assessed against their potential to be served by public transport. This approach takes forward the strategic aims of Policy SP 2 (Policy 1, 2004) and is clearly targeted at maintaining the vitality and viability of existing centres, limiting the length and number of journeys and reducing reliance on the private car.

7.3.46 Within this context the Local Plan does not seek to change the established hierarchy of centres in the District and its policies and proposals focus on strengthening their respective roles and improving the range and quality of services available to residents and visitors. Town centres provide a sense of place and community and it is important to the future well-being of the centres that they are both attractive and vital places where people want to shop, live and be entertained and provide practical, accessible places where they can shop, live and be entertained. The provision of facilities in close proximity to the concentrations of population in the towns is an effective way of reducing the length of journeys. In addition the fact that they are a focus for public transport results in good accessibility, particularly for those without a car, to the range of services on offer. Maximising accessibility by public transport or other alternatives to the private car also reduces energy consumption and the level of harmful emissions. The Council is actively promoting both the economic and environmental regeneration of the main towns and many of the policies of the Local Plan are aimed at safeguarding and improving the quality of the urban areas. It is considered important that these efforts are complemented by an emphasis on locating major (those which attract a large number of people) commercial developments, including retail and leisure proposals, in the main towns in order to maximise their effect on the overall levels of activity in the centres and achieve the greatest accessibility.

MAJOR RETAIL, OFFICE, ENTERTAINMENT, LEISURE OR COMMUNITY DEVELOPMENTS SHOULD BE LOCATED IN THE TOWN CENTRES OF PENZANCE (Link to Map 1), ST. IVES (Link to Map 2) AND HAYLE (Link to Map 3 and Link to Map 17 and Link to Map 18), WHERE THE GREATEST BENEFITS TO THE COMMUNITY CAN BE PROVIDED IN TERMS OF:-

(i) ACCESSIBILITY, WITHOUT THE USE OF THE PRIVATE CAR, TO A SIGNIFICANT PROPORTION OF THE POPULATION AND

(ii) CONTRIBUTION TO THE VITALITY AND VIABILITY OF THE TOWN CENTRES.

PROPOSALS FOR EDGE-OF-CENTRE SITES WILL ONLY BE PERMITTED WHERE THE DEVELOPMENT CANNOT BE ACCOMMODATED WITHIN THE TOWN CENTRE. DEVELOPMENT ON OUT-OF-CENTRE SITES WILL NOT BE PERMITTED UNLESS ALL POTENTIAL TOWN CENTRE AND EDGE-OF-CENTRE OPTIONS HAVE BEEN DEMONSTRATED TO BE UNSUITABLE.

IN EXAMINING THESE OPTIONS, FLEXIBILITY WILL BE REQUIRED ABOUT THE FORMAT, DESIGN AND SCALE OF THE DEVELOPMENT IN RELATION TO LOCAL CIRCUMSTANCES.

Shopping Provision

Major Shopping Developments

7.3.48 Since the late 1980s there has been a considerable amount of retail development undertaken in the District. In terms of food supermarkets, three have been built in the Penzance area, two on the eastern approach and another between the town and Newlyn, one has been constructed and recently extended at Copperhouse in Hayle and a further unit has been developed at Carbis Bay to serve the St. Ives area. Retail warehouses have been constructed adjacent to the heliport at Penzance and alongside the Loggans Roundabout at Hayle.

7.3.49 In the light of the guidance contained in PPG 6 (emerging PPS 6), the approach of the Structure Plan (para 7.3.45) and the type and distribution of shopping developments which have taken place since the late 1980s, and those with permission but yet to be built or completed, it is not proposed to make any specific provision for further shopping facilities which are divorced from existing town centres.

7.3.50 Policy SHOP 2 (Policy 14, 2004) of the Structure Plan states that retail development other than in or adjoining town centres will only be appropriate where the shopping needs of the area would not otherwise be met. It also specifies that such proposals should not reduce the range of shopping available in town and village centres or have an adverse impact on the vitality and viability of a town centre, be well integrated within the built up area, provide for walking and cycling journeys and not lead to increased car usage. The provision of modern convenience shopping facilities close to the main towns has had the effect of retaining expenditure in the District. Within this context it is considered that shopping facilities outside the existing town centres will not be acceptable unless they provide for local convenience shopping under POLICY TV- 20 (para. 7.3.61) or they will make provision of a type that it is unlikely to be made in the town centre, for example by virtue of the type of goods sold.

7.3.51 In emerging PPS6 Planning for Town Centres a clear emphasis is placed on adopting a sequential approach when selecting appropriate sites for allocation. In the interests of reducing reliance on the use of the private car it is also crucial that, where development could be justified on sites divorced from the town centres, accessibility to all sectors of the public is maximised by ensuring that it is located on existing public transport routes. Where appropriate, measures should be included to integrate them as closely as possible with any adjacent town centre and to facilitate movement, by those without a car, between the development and town centre. Such measures might include a dedicated bus service or special provision within the car park layout for dropping and picking up bus passengers. In all cases proposals must not be in conflict with the surrounding uses or be of a scale or type which would adversely impact on the viability of shops which meet local shopping needs. Where a development is acceptable the Council will impose conditions or seek a planning obligation to ensure that the type of retailing permitted will not adversely effect existing town centre or local facilities.

7.3.52 POLICY TV-17:

PROPOSALS FOR SHOPPING FACILITIES OTHER THAN THOSE ACCEPTABLE THROUGH POLICY TV-20, WILL NOT BE PERMITTED ON AN EDGE-OF-CENTRE OR OUT-OF-CENTRE SITE UNLESS:-

(i) THE SEQUENTIAL TEST IN POLICY TV-16 HAS BEEN MET;

(ii) THERE IS A NEED FOR THE DEVELOPMENT THAT CANNOT BE MET IN THE TOWN CENTRE AND

(iii) THEY WOULD NOT BE LIKELY TO LEAD TO A SIGNIFICANT REDUCTION IN THE RANGE OF RETAILING
IN ANY TOWN CENTRE OR ADVERSELY AFFECT THE VITALITY OR VIABILITY OF ANY TOWN CENTRE.

IN ADDITION ALL PROPOSALS MUST:-

(iv) BE READILY AND CONVENIENTLY ACCESSIBLE BY ALTERNATIVE MEANS OF TRANSPORT TO THE PRIVATE CAR;

(v) BE COMPATIBLE WITH SURROUNDING LAND USES AND

(vi) NOT MATERIALLY AFFECT THE VIABILITY OF VILLAGE OR NEIGHBOURHOOD SHOPS.

WHERE A SUBSEQUENT CHANGE IN THE RETAIL CHARACTER OF A DEVELOPMENT WOULD BE LIKELY TO HARM THE VITALITY AND VIABILITY OF EXISTING TOWN CENTRES, CONDITIONS WILL BE IMPOSED OR A PLANNING OBLIGATION SOUGHT TO LIMIT SUCH CHANGES.

7.3.53 Where further shopping provision is permitted anywhere it is important that it is well integrated with existing patterns of activity and movement. By ensuring a satisfactory relationship between old and new and facilitating access between the two, the benefits to each will be maximised. It is accepted that large retail developments inevitably have servicing implications but it is important that, in the interests of maintaining the quality of the townscape, the impact of these is minimised together with conflict with other activities in the centre. Where practicable, as part of any redevelopment, rear access must be improved (POLICY TP-11, para. 12.3.55).

Prime Shopping Areas

7.3.54 While it is important to encourage new shopping facilities in the towns, in order to ensure that they can compete with other centres in terms of modern floorspace which is attractive and convenient to users, it is also essential that the existing attractiveness of the centres is not eroded. The Town and Country Planning (Use Classes) Order, 1987, and Circular 13/87 identify that the uses contained in Part A, namely Shops (A1), Financial and Professional Services where services are provided principally to visiting members of the public (A2) and Food and Drink (A3), will generally be found in shopping areas. However, PPG 6 (and emerging PPS 6) identifies that Local Plans may distinguish between primary and secondary frontages in town centres and that it may be appropriate to restrict the former to a high proportion of retail use (A1) with a greater degree of flexibility of use in secondary frontages.

7.3.55 In recent years there has been a growing trend for banks, building societies and office uses such as estate agents to locate in shopping areas. While it is clear that these uses have a function within a town centre and to some degree may enhance its attractiveness by adding to the services available their presence can have a visually deadening effect on frontages and lead to a loss of shopping interest. In addition their ability to pay high prices increases competition for prime locations which, in turn, inflates site and rental values.

7.3.56 Prime Shopping Areas are defined in both Penzance (Link to Map 1) and St. Ives (Link to Map 2). In Penzance both rental evidence and the views of letting agents support the area as defined. The key areas where there might be some debate on their inclusion are the length of Market Jew Street between the Arcade and number 31 and the southern part of Causewayhead. Both the southern half of Causewayhead and Market Jew Street between The Arcade and number 31 demonstrate rental levels that are lower than adjacent areas but the strength of retail activity and lack of vacancies indicate that it is appropriate to include these frontages in the Prime Shopping Area. While there is a clear case for defining a prime area in St. Ives in order to protect the shopping core from an increase in Class A3 uses that could undermine its retail role (see paragraphs 7.3.87 and 7.3.88), it is difficult to obtain guidance on its extent from the limited rental evidence available or the current mix of uses. However, consultation with letting agents has confirmed that there is indeed a prime area and that it accords with the area defined in the Plan. The 'prime shopping areas', as defined, are limited in extent and by no means encompass the whole town centre in either case. The intention is to maintain a compact, all year around shopping core in both towns that remains efficient, vital and attractive to residents and visitors alike. If Penzance and St. Ives are to retain their respective roles as shopping centres they must compete effectively with other centres by providing a range of shopping facilities in an accessible and focused centre. It is considered that this is best achieved by identifying the overall proportion of ground floor non-retail to retail units that will be acceptable in each Primary Shopping Area. The level at which this has been pitched, 80 per cent retail to 20 per cent non-retail in Penzance and 75 per cent retail to 25 per cent non-retail in St. Ives, reflects the current mix including permissions granted but not implemented. This approach will effectively control the cumulative effect of changes of use over time and, together with provision to permit further non-retail uses that would benefit, or at least maintain the vitality, viability and attractiveness of the Prime Shopping Area, offers a degree of flexibility in dealing with this issue. Non-retail uses will also be acceptable on other floor levels, which are frequently underused, and POLICY TV-19 provides for a range of uses in the wider town centre areas.

WITHIN THE PRIME SHOPPING AREAS OF PENZANCE (Link to Map 1) AND ST. IVES (Link to Map 2) PROPOSALS FOR CHANGE OF USE OR REDEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF GROUND FLOOR RETAIL PREMISES WILL NOT BE PERMITTED UNLESS:-

(i) THE PROPOSAL WILL BENEFIT, OR AT LEAST MAINTAIN, THE VITALITY, VIABILITY AND RETAIL ATTRACTIVENESS OF THE PRIME SHOPPING AREA OR

(ii) RETAIL USE WOULD REMAIN THE PREDOMINANT USE.

Note: In Penzance predominant will be interpreted as 80 per cent of ground floor units and in St. Ives 75 per cent.

Town Centre Uses

7.3.58 In those parts of Penzance and St. Ives centres outside the 'prime shopping areas' and Hayle and St. Just, where facilities are more limited and divisions less obvious, it is possible to adopt a more flexible approach. Accordingly in these locations the full range of town centre uses are acceptable subject to them being compatible with the surrounding uses and respecting the quality of the local environment, particularly in Conservation Areas.

7.3.59 POLICY TV-19:

PROPOSALS FOR CHANGE OF USE OR REDEVELOPMENT WHICH WOULD PROVIDE FOR RETAIL, OFFICES AND OTHER NON-RETAIL TOWN CENTRE USES, AS DEFINED IN CLASSES A1, A2 AND A3 OF THE TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987 (AS AMENDED), WILL BE PERMITTED IN TOWN CENTRES, SUBJECT TO THE PROVISIONS OF POLICY TV-18, PROVIDED THAT THEY WOULD BE COMPATIBLE WITH SURROUNDING USES AND HAVE NO ADVERSE EFFECT ON THE AMENITY OF THE AREA.

Village and Neighbourhood Facilities

7.3.60 The respective roles of local centres and village shops in terms of meeting the needs of residents, reducing the need to travel and reliance on the private car and maintaining viable rural communities are acknowledged in PPG 6 (and emerging PPS6). Policy SHOP 3 (Policies 11 & 14, 2004) of the Structure Plan identifies that such facilities should be retained and enhanced. It is not possible for the local planning authority to require the retention of such shops but proposals which would result in their closure will be considered in the light of the available alternative provision in the area and whether there is a continuing demand for the affected facilities. Where it is proposed to provide new local shopping facilities the scale must be appropriate for the area they are intended to serve and not a wider catchment area and the locations chosen for such facilities must be easily and safely accessible to customers.

7.3.61 POLICY TV-20:

PROPOSALS FOR DEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF VILLAGE OR NEIGHBOURHOOD SHOPS WILL NOT BE PERMITTED WHERE THERE IS A REQUIREMENT FOR THE FACILITY AND THERE IS NO ALTERNATIVE PROVISION IN THE AREA.

PROPOSALS FOR LOCAL CONVENIENCE SHOPPING FACILITIES WILL BE PERMITTED WITHIN VILLAGES AND RESIDENTIAL AREAS OF TOWNS PROVIDED THAT:-

(i) THE SCALE OF THE FACILITY IS RELATED TO THE NEEDS OF THE LOCALITY AND

(ii) THERE IS SAFE AND CONVENIENT ACCESS FOR POTENTIAL USERS.

Penzance Town Centre and Harbour (Link to Map 1)

7.3.62 Penzance is the principal administrative and shopping centre of Penwith and it is also an important focus for tourism. In addition to providing for the food shopping needs of the local population, the town contains numerous durable goods stores and is an important banking and service industry centre. It is also considered to be one of the most important historic town centres in the county and is noted for its well preserved ancient town plan, waterfront and the number of buildings of architectural and historic importance. As the established major commercial centre of the District it is important that Penzance continues to maintain this position and opportunities are taken, and indeed created, to strengthen its role in West Cornwall. It is essential that the Local Plan encourages a comprehensive programme of development and ensures that potential investment is not lost from the District. In October 2000 WS Atkins were commissioned to develop an Action Plan for Penzance Harbour and Town Regeneration. The aim of the study was to identify potential schemes and opportunities that reflected the needs and distinctive character of the area. Also, the Cornwall and Scilly Urban Survey report on Penzance (2003) provides valuable information that can be used in implementing relevant policies and proposals.

7.3.63 The harbour is a centre of commercial activity containing a dry dock and facilities for cargo handling. It also caters for leisure and tourism related activities, such as sailing, boat trips, fishing and other water sports. The 'Scillonian' normally berths on the Lighthouse Pier and both the railway and bus stations are located immediately to the north of the Harbour Car Park. The main road also enters the town beside the railway station and this concentration of transport facilities and routes emphasises the 'focal' nature of Penzance and its harbour. Whilst the amount of trade passing through the harbour has declined the water areas still represent a potentially valuable resource. The growth of the town centre along Market Place, Market Jew Street and Causewayhead has meant that the town has to some extent 'turned its back' on the harbour and it is considered important to encourage development that will reverse this situation and re-establish links between the two areas. Redevelopment of the former gas works site to provide the Wharfside Centre, which incorporates an important pedestrian link between the harbour car park, Wharf Road and Market Jew Street has already achieved a substantial improvement in this respect.

7.3.64 The District Council is taking a leading role in promoting the development and economic regeneration of the town centre and harbour and the Authority also has an important part to play as a major landowner in the harbour area and the operator of the port. The Community Plan, Penwith 'A Vision for the Future' (2003) supports the regeneration of the area, and target E6 aims to establish a viable scheme for the redevelopment of Penzance harbour. The private sector is continuing to show interest in commercial development in the town and private investment, together with funding from European and central government sources, is essential in bringing forward proposals which are viable, environmentally acceptable and of greatest benefit to the local community and visitors. The District Council proposes to lead a partnership to carry out a major town centre regeneration project. The five year programme will be modelled on the Heritage Lottery Fund's Townscape Heritage Initiative (THI) and the four main aims of the programme are: to re-use vacant buildings and sites; repair, maintenance and enhancement of historic buildings; enhancement of the public realm; and promotion of the town's distinct character. The THI will offer a system of grants to owners of privately owned historic buildings and forecourts to facilitate substantial restoration and enhancement works. The project will also offer top up funding for public realm highway works or community enhancement projects to street areas to enable restoration of locally distinctive features such as traditional surfaces of granite or slate. The Penzance THI will focus on the commercial and mid-use areas of the town where economic growth through regeneration will be most effective. Penzance THI will provide much needed investment which will facilitate increased economic activity within the town centre, increase the spend from visitors, create new workspace, generate and safeguard new jobs, re-use vacant buildings and encourage long-term care and investment in historic buildings. In addition the Atkins report (para.7.3.62) identifies particular strengths and opportunities for regeneration including a number of specific projects.

Shopping Development

7.3.65 The approach of the Local Plan to the hierarchy of centres in the District and new shopping developments is covered in paragraphs 7.3.43 to 7.3.56. The intention is to focus on providing new shopping in or adjacent to existing town centres and the redevelopment sites contained in PROPOSAL TV-A (para. 7.3.68) (Link to Map 1) offer significant opportunities to provide such facilities. Additional retail units could also be permitted within the context of POLICY TV-19 (para. 7.3.59). The importance of retaining existing retail premises is outlined in paragraphs 7.3.54 to 7.3.59 and POLICY TV-18 (para. 7.3.57) applies to the 'prime shopping area'. This broadly covers the lower half of Causewayhead, Market Place, the Wharfside Shopping Centre and the top part of Market Jew Street. POLICY TV-19 (para. 7.3.59) applies to the whole of the town centre subject to the provisions of POLICY TV-18.

Impact of Development

7.3.66 The town centre and harbour contain a significant number of Listed Buildings and also fall within the Penzance Conservation Area and partly within the Historic Settlement. In addition the main shopping streets feature many traditional shop fronts. Consequently in considering development proposals the policies contained in 'The Historic Environment' (paras. 7.3.17 to 7.3.38) will be particularly relevant. The Cornwall and Scilly Urban Survey's - Historic characterisation for regeneration, for Penzance provides a valuable basis for assessing the impact of development on the distinctive character of the town. In addition the Council intends to produce a Conservation Area Management Plan that will provide more information in this respect.

Redevelopment

7.3.67 The vacant site of the former gasholder, together with the adjacent former Cornwall Farmers site, provide a valuable opportunity for redevelopment in the town centre and harbour area. Their location, between Market Jew Street and Wharf Road, is suitable for a mix of uses that are complementary to, and compatible with, the functions of the town centre and which could make a significant contribution to the regeneration and revitalisation of the town. These sites are particularly prominent and proposals must respect the style of existing development in the locality by utilising a variety of levels and roofscape which follow the changes in topography. In the interests of encouraging increased movement between the sites, the harbour and the town centre in general, proposals must include pedestrian links to Jennings Street and Market Jew Street. In particular, the Wharf Road frontage of the former gas works site must be designed to integrate with, and relate to, the harbour and be attractive to walkers. As identified in paragraph 12.3.54 there are few possibilities to provide rear servicing facilities in the town centres, however the redevelopment of the former Cornwall Farmers Ltd. site presents an opportunity to improve the servicing arrangements to the south side of Market Jew Street. Where appropriate development briefs will be prepared to provide detailed guidance. Issues relating to flood risk, or the integrity of the coastal environment will be assessed in the context of POLICIES GD-4, CC-14, CS-4 and CS-8 (paras. 5.3.11, 6.3.68, 13.3.19 and 13.3.29). Proposals to develop the former gasholder site will need to take into consideration the contamination of the site which results from its previous use (POLICY TV-15, para. 7.3.42). Developers will need to undertake all necessary investigations prior to permission being granted.

7.3.68 PROPOSAL TV-A:

THE SITE OF THE FORMER GASHOLDER (0.26 HA) AND THE FORMER CORNWALL FARMERS LTD. SITE TOGETHER WITH THE ADJOINING AREA TO THE SOUTH (0.4 HA) (Link to Map 1) IS PROPOSED FOR REDEVELOPMENT FOR USES WITHIN CLASSES A1, A2, A3, B1, B2, B8, C1, C3, D1 AND D2 OF THE TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987 (AS AMENDED). PROPOSALS FOR DEVELOPMENT WILL BE REQUIRED TO:-

(i) BE COMPATIBLE WITH SURROUNDING USES;

(ii) BE OF A SCALE AND DESIGN APPROPRIATE TO THESE PROMINENT LOCATIONS IN THAT THEY MUST COMPLEMENT THE CHARACTER AND QUALITIES OF THE TOWN AND RESPECT THE EXISTING LEVELS, VARIED SKYLINE AND MASSING OF THE BUILDINGS IN THE VICINITY;

(iii) INCORPORATE A SAFE AND CONVENIENT PEDESTRIAN NETWORK TO JENNINGS STREET AND WHARF ROAD AND

(iv) MAKE PROVISION FOR REAR SERVICING TO PROPERTIES FRONTING MARKET JEW STREET AND JENNINGS STREET.

SCHEMES SHOULD PROVIDE FOR THE INCLUSION OF ABOUT 30 DWELLINGS. AT LEAST 30% OF THE UNITS TO BE PROVIDED WILL BE SOUGHT, THROUGH NEGOTIATION, TO BE AFFORDABLE, MEETING THE REQUIREMENTS OF POLICY H-14.

Chapel Street

7.3.69 Chapel Street provides an important and well used route between the town centre and the harbour and it is one of the prime parts of the Conservation Area. This street plays an important role in encouraging a close relationship between these two parts of the town. To date, the essential character of the street has not been harmed but a few unauthorised developments, against which prompt action has been taken, have demonstrated the vulnerability of this street to unsympathetic proposals. The attraction of the street stems from a combination of its physical appearance, with a mixture of materials and styles of design, and the wide range of activities located in the various buildings which include shops, restaurants, public houses and a significant amount of residential accommodation. The result is a street of great charm and interest. It is important that development proposals respect the special character of this street and that alien designs, material and uses are not allowed to erode its special qualities, conflict with its present role within the Town Centre or cause nuisance to residents. Proposals for development in Chapel Street will be assessed in the context of POLICIES TV-6 and TV-7 (para. 7.3.19 and 7.3.21).

Jennings Street

7.3.70 Chapel Street together with Quay Street provide an attractive route between the shopping streets and the harbour and developments and improvements in the vicinity of the Abbey Basin have gone some way to maintaining visual interest beyond the area of the dry dock. Jennings Street provides an important potential 'return' route to Market Jew Street and while the redevelopment of the former Laundry site has made a marked improvement to the street scene, there is no doubt that its overall environment could benefit from further enhancement. Considerable lengths of frontage in this street are occupied by parking and buildings of poor quality and the introduction of two to three storey development which offers greater enclosure and continuity would greatly improve its attractiveness to pedestrians. Existing buildings which contribute to the character and appearance of the street must be retained and in considering specific proposals for the north east side of the street the provisions of POLICY TP-11 (para. 12.3.55) in relation to the rear access to Market Jew Street may be relevant.

7.3.71 POLICY TV-21:

PROPOSALS FOR DEVELOPMENT ON SITES FRONTING JENNINGS STREET WILL BE REQUIRED TO:-

(i) USE STRONG CONTINUOUS FRONTAGES ON SITES WHERE REDEVELOPMENT IS PROPOSED AND

(ii) INCORPORATE BUILDINGS OF TWO OR THREE STOREY DESIGN WHICH REFLECT THE GRADIENT OF THE STREET.

Bread Street

7.3.72 In the last few years there has been a growth in the number of retail and service outlets established in Bread Street. This street contains many traditional warehouse buildings that are of substantial stone construction but have outlived their original purpose. Many of these buildings have been successfully converted to other uses and further developments of this type will be acceptable. Bread Street provides some valuable rear servicing to the north side of Market Jew Street although in some parts the size of vehicles which can be accommodated is limited. Where such facilities already exist these must be retained. Opportunities may occur for limited improvements to rear service arrangements within the context of POLICY TP-11 (para. 12.3.55).

7.3.73 POLICY TV-22:

WITHIN THE BREAD STREET AREA (Link to Map 1) PROPOSALS FOR DEVELOPMENT WILL BE REQUIRED TO SAFEGUARD AND, WHERE PRACTICABLE, IMPROVE THE PRESENT REAR SERVICING ARRANGEMENTS TO PREMISES IN MARKET JEW STREET.

Rear Servicing

7.3.74 The opportunities for improving the rear servicing arrangements to commercial premises within the town are restricted, however in the context of POLICY TP-11 (para. 12.3.55) such facilities must be provided where practicable. Within Penzance town centre PROPOSAL TV-A and POLICY TV-22 (paras. 7.3.68 and 7.3.73) seek to provide some rear servicing to the south side of Market Jew Street and to retain and, where practicable, improve the servicing facilities at present available from Bread Street to the north side.

Parking

7.3.75 The issue of car parking is covered in the Transportation section (paras. 12.3.56 to 12.3.62) and the current situation in Penzance is outlined in paragraphs 12.3.63 to 12.3.64. The requirements of POLICIES TP-12 and TP-13 (paras. 12.3.59 and 12.3.62) will apply to the provision of car parking in Penzance including that associated with the redevelopment sites identified in PROPOSAL TV-A (para. 7.3.68).

7.3.76 The Harbour Car Park contains in excess of 800 spaces which are used for short and long-stay parking. The capacity of this car park is important to the overall provision for the town centre and the Wharfside Centre provides a convenient pedestrian route to Market Jew Street. Part of the Harbour Car Park is already utilised for the winter storage of boats and, as the port suffers from a restricted hinterland, the availability of an additional area for water related uses could encourage increased recreational activity and the provision of improved access to the water and facilities. However, this must be balanced against the need for parking to support the vitality and viability of the town centre, including the number of spaces linked, by a covenant, to the Wharfside development. Alternative uses, therefore, should be appropriate to the harbourside location (POLICY TV- 24, para. 7.3.79) and should allow for the retention of parking that is appropriate to the economic and environmental sustainability of the town centre (POLICY TP-13 para. 12. 3.62). In addition the car park was provided by filling a substantial area of the original harbour and still contributes to the open form and character of the Wharf Road and wider harbour area. Any buildings should be sited and designed so as to safeguard this open form.

7.3.77 POLICY TV-23:

PROPOSALS FOR DEVELOPMENT ON ANY PART OF THE HARBOUR CAR PARK WILL BE REQUIRED TO RETAIN THE OPEN VIEWS FROM WHARF ROAD TO THE HARBOUR.

Harbourside Area

7.3.78 The area around the harbour represents a valuable resource to the town and District in terms of its direct employment potential, as a base for water sports and leisure activities and as a source of attraction to visitors. At present there is a range of conflicting uses and interests located in the vicinity of the harbour, which may be summarised as follows:-

This mixture of uses also raises serious issues in relation to safety. If the full worth of this area is to be realised it is essential that the existing uses are rationalised and that any proposed new uses are compatible with the present activities and do not disrupt the efficient working of the port. The present level of use of the harbour is assessed in paragraphs 12.3.25 to 12.3.27. The Council is committed to the continued operation of the port, including the use of the Wet Dock by commercial shipping, and the retention of the existing moorings for small boats in the outer harbour. Proposals to improve the port facilities will be assessed in the context of POLICY TP-4 (para. 12.3.24).

WITHIN THE HARBOURSIDE AREA PROPOSALS FOR DEVELOPMENT MUST BE RELATED TO THE USE OF THE HARBOUR AND MUST NOT INHIBIT OR INTERFERE WITH THE EFFICIENT AND SAFE OPERATION OF THE WET AND DRY DOCKS.

Isles of Scilly Steamship Company

7.3.80 An outline of the services provided to the Isles of Scilly and the berthing arrangements for the 'Scillonian' and 'Gry Maritha' is given in the Transportation section (para. 12.3.26). While these are operating on a broadly satisfactory basis there is still a need to provide improved passenger facilities and cargo handling facilities. In the past various high cost options including pier extensions and filling have been considered but none have come to fruition. However, since the Atkins report (para. 7.3.62) was prepared consultants have been commissioned to carryout conceptual designs and preliminary technical investigations for the harbour in the context of the Isles of Scilly Route Partnership project (para. 12.3.27). While it is not yet possible to identify a precise location for these facilities their provision remains important to the level of service offered to travellers to the Isles of Scilly. It is also essential that the chosen location does not adversely effect other established uses in the area or the views into and out of the harbour.

THE PROVISION OF IMPROVED FACILITIES FOR CARGO HANDLING AND PASSENGERS TO THE ISLES OF SCILLY IS PROPOSED WITHIN THE HARBOURSIDE AREA (Link to Map 1). PROPOSALS FOR SUCH DEVELOPMENT WILL BE REQUIRED TO:-

(i) UTILISE A LOCATION WHICH DOES NOT INHIBIT OR INTERFERE WITH OTHER HARBOUR USES AND

(ii) AVOID ADVERSE IMPACT ON THE VISUAL SETTING OF THE HARBOUR.

Jubilee Pool

7.3.82 The Council recognises the importance of the Jubilee Pool, a Listed Building, both in terms of function and the contribution it makes in visual terms to the Promenade and waterside scene. The Council intends to retain the current leisure use and to increase its contribution to tourism through appropriate improvements. Major structural works have been undertaken and these are being complemented by improvements to the overall appearance and facilities, some of which have been financed and undertaken by a voluntary organisation. It is an absolute prerequisite that any improvements to the pool site shall preserve and enhance the character of the structure and of the Conservation Area and, in particular, shall have regard to the general physical massing of the existing pool structure and shall not materially obstruct the seaward views of St. Michael's Mount and Mount's Bay over the pool that are presently enjoyed from the Penzance water front. In any improvement works careful consideration will be given to the scale, bulk, height and external finishes, relationships with adjoining buildings and spaces and to the effect of such works upon the views from St. Michael's Mount.

7.3.83 PROPOSAL TV-C:

THE JUBILEE BATHING POOL TOGETHER WITH LAND BETWEEN THE POOL AND BATTERY ROAD (0.8 HECTARE) (Link to Map 1) IS RESERVED FOR LEISURE FACILITIES. THE POOL WILL BE RETAINED IN ITS PRESENT STYLE AND ANY ALTERATIONS AND IMPROVEMENTS TO THE POOL SHOULD REFLECT ITS PRESENT STYLE.

St. Ives Town Centre and Harbour

7.3.84 There can be little doubt that St. Ives is one the premier holiday destinations in Cornwall and is nationally and internationally recognised for its artistic traditions. The opening of the Tate Gallery has reinforced this role and encouraged a large number of visitors to the area. However, it is important not to lose sight of the fact that despite its picture postcard image, St. Ives faces many of the same problems as other local communities with high unemployment exacerbated by large seasonal variations, low wages and competition in the housing market from second home and holiday home buyers.

7.3.85 The town centre provides a wide range of services for the local population including shops, banks and offices and there are numerous retail and catering outlets to serve the needs of the large number of holiday makers who visit the town. While the status of St. Ives as a holiday location is such that it is capable of attracting visitors throughout the year there is nevertheless a marked contraction of commercial activity during the winter months. During the 'off-season' a significant number of premises in the town centre cease trading and this issue is covered in greater detail in paragraph 7.3.87. The town centre of St. Ives enjoys a close relationship with its harbour, the main beaches and the Island, which is designated as an open area under POLICY TV-2 (para. 7.3.10). The harbour provides a valuable facility for local fishermen but it does not cater for commercial shipping. It is, however, a focal point for holiday makers and the activity along Wharf Road and The Wharf is intense at the height of the season. The Town Centre area is defined to encompass the core of the old town, the harbour and the links to the beaches at Porthmeor and Porthminster. In late 1993 the first steps were taken to establish an Action Team with the aims of restoring and enhancing the environmental and historic qualities of the town, promoting action in relation to the economy and addressing social needs. An Action Plan was formulated by the Civic Trust which addresses conservation, tourism, economic, transport and social issues. It is anticipated that many of the initiatives identifies in the plan will be bought forward within the context of the policies of the Local Plan. In 2001 the St. Ives Harbour Enhancement and Preservation study was carried out by Poseidon Aquatic Resource Management Ltd on behalf of the District Council and the St. Ives Harbour Consultative Forum. The overall aim of the study was to produce an action plan of schemes on-shore to support the fishing industry and economic diversity with the emphasis being on enhancement and preservation. The Community Plan, 'Penwith, A Vision for the Future' (2003) supports a regeneration approach towards St Ives harbour.

Shopping Development

7.3.86 The approach to the provision of major new shopping facilities and the hierarchy of centres within the District is outlined in paragraphs 7.3.43 to 7.3.57. Within St. Ives opportunities to develop further shopping are limited by the tightly built nature of the town and it is not anticipated, therefore, that there will be any significant increase in retail floorspace other than that achieved by change of use or conversion of appropriate premises within the purview of POLICY TV-19 (para. 7.3.59). Outside the town centre a supermarket in Carbis bay serves the St. Ives area.

7.3.87 Although in recent years the season has increased in length, probably due to the influence of the Tate Gallery, the shopping area of St. Ives is still subject to some seasonal variations in terms of the number and types of outlets trading. During the summer the main concentration of shops extends from the northern end of Fore Street and Wharf Road through Market Place, High Street and Tregenna Place to Tregenna Hill. In addition there are several other smaller pockets of activity and individual units scattered throughout the centre. After the Christmas and New Year period each year there is some contraction with the centre of trading being focused on Tregenna Hill, Tregenna Place, High Street, Market Place and, to some extent Fore Street although there are a number of shops in this street that trade seasonally, particularly at the northern end. Of the principal shopping streets it is on Wharf Road that the variation is most notable, however, some winter vacancies or closures are evident in other streets. As a result of the pattern of trading the majority of the convenience and durable shops that serve the all year around needs of the resident population are located in Tregenna Place, High Street, Market Place and approximately the southern two thirds of Fore Street. The remaining areas contain larger proportions of units targeted at the holiday trade with an emphasis on gifts and catering which range from numerous take-aways to well regarded restaurants.

7.3.88 In order to maintain the vitality and viability of the core area, where there is a concentration of uses which provide services throughout the year, the 'prime shopping area', to which POLICY TV-18 (para. 7.3.57) applies, has been defined to include Tregenna Place, High Street, Market Place and the southern section of Fore Street. Without doubt other locations in the town offer attractive trading conditions, if only for part of the year, but it is considered that due to their nature, and the types of activities already established, they are not areas where an emphasis on the retention of ground floor retail premises is realistic or practical. POLICY TV- 19 (para. 7.3.59) applies to the whole of the town centre subject to the provisions of POLICY TV-18.

Hot Food Take-aways

7.3.89 While the economy of the town relies heavily on the holiday industry the influx of tourists has resulted in certain types of outlets becoming dominant within the centre. One area that has been of concern for a number of years is the number and distribution of restaurants and particularly hot food take-aways. There was a significant increase in such units between 1991 and 1999 resulting in an estimated 25% of ground floor commercial premises in the town centre which are either Class A3 or A1 which also sell hot food. This compares with a national average of 10%. The centre of St. Ives is characterised by closely built development with narrow streets and a mix of uses, including residential, existing cheek by jowl. Take-away food outlets often operate different opening hours from shops with consequent problems of 'dead' frontages during much of the day and conflict with neighbours through noise, litter and levels of activity causing particular difficulties late at night. It is acknowledged that some operators undertake measures to ameliorate these problems.

7.3.90 POLICY TV-18 (para. 7.3.57) seeks to limit the loss of retail premises at ground floor level in the 'prime shopping area' unless the proposal would benefit its retail attractiveness. Other town centre uses, including further catering outlets would be acceptable in the remainder of the town centre under the provisions of POLICY TV-19 (para. 7.3.59). However, in view of the proliferation of take-away premises in St. Ives it is considered appropriate to further restrict this type of outlet in order to protect the shopping function of the town, the character and appearance of the Conservation Area and limit their deleterious effect on amenity. While the provision of further restaurants may be acceptable the subsequent change of such premises to take-aways will be restricted by planning conditions in order to avoid any incremental erosion of the present situation.

7.3.91 POLICY TV-25:

WITHIN THE TOWN CENTRE OF ST. IVES (Link to Map 2) THE ESTABLISHMENT OF FURTHER HOT FOOD TAKE-AWAY OUTLETS WILL NOT BE PERMITTED WHERE THEY WOULD CONFLICT WITH THE PRESERVATION AND ENHANCEMENT OF THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA, THE PRIMARY SHOPPING FUNCTION OF THE AREA OR SURROUNDING USES. IN ADDITION, WHERE PROPOSALS FOR RESTAURANTS ARE ACCEPTABLE IN PRINCIPLE, PLANNING PERMISSION WILL NOT BE GRANTED UNLESS THE SALE OF TAKE-AWAY FOOD IS EXCLUDED THROUGH THE USE OF CONDITIONS OR PLANNING OBLIGATIONS.

Impact of Development

7.3.92 Most of the town centre area and harbour lies within the Conservation Area and Historic Settlement. St. Ives is recognised as a nationally important historic town and there is a notable concentration of Listed Buildings. The provisions of the policies in 'The Historic Environment' (paras. 7.3.17 to 7.3.38) will be relevant in considering proposals within these areas.

7.3.93 Like many seaside resorts along the Cornish coast St. Ives suffers from the usual dilemma of endeavouring to attract visitors in the summer season, through advertising local businesses, while at the same time retaining its appeal and character. Throughout the town centre the influence of the holiday industry is clearly evident and this is very apparent through the number and design of advertisements. While such advertisements often contribute to the overall feeling of activity and 'bustle' in the centre, if left unchecked, their effect can become overwhelming to the point where the intrinsic character of the town is threatened.

7.3.94 There is a distinctly ephemeral nature to advertising in St. Ives in that many signs are displayed during the summer season but removed or covered during the winter months. The proliferation of signs in the holiday season often reaches the point where the clutter of boards and adverts can virtually conceal the facades of buildings. The advertisements on display comprise not only those associated with traditional shop-fronts but placards, hoardings, flags, sandwich-boards, canopies and numerous other methods of attracting the attention of potential customers. The concentration of gift-shops and restaurant/take-away type outlets within close proximity of one another results in a tendency for businesses to compete with their rivals in terms of the amount, size and prominence of advertisements. This competition often produces brash, uncoordinated signage giving a cluttered appearance to the area especially when advertising spills out onto the highway. These problems are particularly prevalent in Fore Street and along the length of Wharf Road and The Wharf.

7.3.95 Clearly a balance has to be struck between effective and reasonable advertising on the one hand and maintaining and improving the intrinsic quality of the centre on the other. The Council will continue in its efforts to achieve a satisfactory balance and POLICIES GD-6 and TV-8 (paras. 5.3.16 and 7.3.23) will be relevant in considering applications for the display of advertisements and signs.

Parking

7.3.96 The extent of the parking provision serving St. Ives Town Centre is described briefly in paragraph 12.3.66 and 12.3.67. In common with most towns that rely heavily on the holiday industry the level of use of the car parks is subject to seasonal variations. For example, during the winter the large Trenwith Car Park is underused but in the summer its capacity, linked to the centre by a 'park and ride' facility, is vital. While certain areas are allocated for residents' parking the problems of congestion and parking experienced by local people in the peak of the season are severe. The existing 'park and ride' scheme operating from Lelant Saltings (para. 12.3.66) plays a significant role in both providing for parking and reducing traffic congestion within the town. The Community Plan, Penwith 'A Vision for the Future' (2003), target T5, aims to promote the park and ride scheme from Lelant and explore the potential for additional sites.

7.3.97 The provisions of POLICIES TP-12 and TP-13 (paras. 12.3.59 and 12.3.62) apply to St. Ives and it is essential that the car parking implications of all developments are carefully assessed if the present difficulties are not to be exacerbated. In view of the nature of the town there are unlikely to be any significant acceptable opportunities to provide more parking and indeed any further provision would only be likely to increase the present levels of congestion in the centre. If any such opportunities arise there should be an emphasis on providing residents' parking.

Hayle Town Centres and Harbour (Link to Map 3 and Link to Map 17 and Link to Map 18)

7.3.98 Hayle has a fascinating and unusual history that is still clearly reflected in the physical form of the town. The town expanded rapidly during the industrial revolution with development centred on the foundries of Harvey and Company at Penpol and the Cornish Copper Company at Copperhouse. Hayle was well situated as a sheltered port on the north coast, with good access to the western mining areas of the County and a relatively short sea route to the coalfields and smelting works of South Wales. Since the early years of the twentieth century the town has experienced considerable industrial decline with an associated legacy of derelict sites and ailing port facilities.

7.3.99 As a result of this historical background the town has two centres, Foundry and Copperhouse, with the former containing the banks, the railway station and some shops while the latter has the main supermarket and a wider range of retail outlets. In shopping terms Copperhouse is the more significant centre, however, the shopping facilities throughout the town are predominantly of a lower order and meet the needs of local residents, with some seasonal trade. Generally the impact of tourism on the centres of Hayle is not as great as in Penzance or St. Ives.

7.3.100 Although the present commercial activity of the town is split between Foundry and Copperhouse there is a single factor which serves to unite the town in both environmental terms and future economic prospects. The estuary, which was fundamental to Hayle's importance as a port, still dominates the town and presents valuable opportunities for regeneration. It extends from the heart of Copperhouse through the complex of quays at Foundry past Lelant to Griggs Quay in the west and there are several derelict and under used areas of land closely associated with the water areas. The Hayle Action team, formed in 1992, brought together private and public agencies and the local community to encourage initiatives to improve the environment of the town and the level of facilities available. Several significant projects have been delivered, including the Carew House community centre, and a five year Action Plan was developed, with assistance from the Civic Trust, to address heritage, urban conservation, landscape, tourism, economic, housing, traffic and harbour issues. Many of the proposed initiatives complemented the approach to regeneration in the Local Plan.

7.3.101 Hayle Townscape is a major heritage-led regeneration initiative which aims to encourage sustainable investment in the historic town by regenerating the physical environment and reinforcing the quality of the town's heritage. Specific objectives of the Townscape Heritage Initiative (THI) are:

The THI will offer a system of grants to owners of privately owned historic buildings and forecourts to facilitate substantial restoration and enhancement works. The project will also offer top up funding for public realm highway works or community enhancement projects to street areas to enable restoration of locally distinctive features such as traditional surfaces or granite or slate. The Hayle THI will focus on the core areas of the town; Harvey's Foundry and Foundry Lane; Foundry Square including Chapel Terrace; Copperhouse including Market Square and Fore Street frontages; Copperhouse Pool south side; Sea Lane and the area around the war memorial.

7.3.102 There two medium sized modern supermarkets one located in Copperhouse and the other located adjacent to the A30 on the edge of the town. The approach to the provision of major new shopping facilities and the overall hierarchy of centres within the District is outlined in paragraphs 7.3.43 to 7.3.57. Redevelopment of the sites around the harbour could provide the opportunity for new retail outlets and may encourage proposals for the conversion and change of use of suitable premises in the existing centres. In smaller, general purpose centres, such as Copperhouse and Foundry, it is not appropriate to define 'prime shopping areas' and in order to provide an adequate level of service to the local community and promote a vibrant atmosphere the full range of town centre uses will be acceptable within the context of POLICY TV-19 (para. 7.3.59).

7.3.103 The Foundry and Copperhouse shopping areas fall within the Conservation Area and POLICIES TV-6 to TV-8 (paras. 7.3.19 to 7.3.23) apply to this part of the centre. Proposals affecting Listed Buildings will be considered in the context of POLICIES TV-10 to TV-12 (paras. 7.3.28 to 7.3.32). There is a number of interesting and unusual shopfronts in both Copperhouse and Foundry and POLICY TV-13 (para. 7.3.35) will be relevant in considering applications which affect such premises.

Redevelopment

7.3.104 The most significant opportunity to improve both the environment and economy of the town lies in the regeneration of the harbour area, combined with initiatives targeted at building on the wealth of natural and man-made resources with which the town and its surrounding area is endowed. The need for regeneration has long been recognised and considerable effort, by the private and public sectors, has been directed at achieving this over a number of years. However, various factors including the scale and cost of proposed schemes, environmental considerations and, last but not least, the uncertain financial climate over a number of years resulted in delay and abortive work. The Community Plan, Penwith 'A Vision for the Future' (2003) supports the redevelopment of Hayle harbour and target E1 relates to establishing a viable scheme.

7.3.105 Since the original closure of the port in 1977 the main holding has changed hands a number of times and the various owners have taken opportunities to acquire additional areas as they became available and were seen as relevant to their development proposals. Over the years there have been numerous redevelopment proposals which have been the subject of lengthy discussions, some of which resulted in planning permission being granted.

7.3.106 It is apparent from the scale of the problem that any regeneration of the harbour will be costly and it is equally certain that the majority of the investment will have to come from the private sector. The Council has been, and remains, fully committed to the revitalisation of Hayle and the harbour area in particular. However, it is essential that in achieving the necessary regeneration, the scale and type of development permitted is appropriate to Hayle and the District in general. In seeking economic and social benefits for the area it is important that the environmental implications are also clearly and fully assessed. The Council has adopted a positive attitude to numerous proposals over several years but has always sought to safeguard environmental considerations while encouraging these initiatives where they were seen to be of potential benefit. This will continue to be the case but, while anxious to improve the prospects of Hayle, the Council will need to be assured that the town will not be simply trading its present problems for a new range of difficulties.

7.3.107 It is clear, from the various proposals that have come forward over the years, that there is no one, simple, formula for development that holds the answer to Hayle's problems. For the Local Plan to come forward with a rigid pattern of proposals for this part of the town would be both unrealistic and untenable. However, it is important for the Plan to give clear guidance on the types of uses that are considered appropriate in various locations and the principle objectives for and redevelopment proposals.

The Quays (Link to Map 3)

7.3.108 Within the heart of the harbour area there are a number of quays which are unused or under utilised. The redevelopment of these areas is crucial to the revitalisation of both the harbour and town. However, these sites either adjoin or are in close proximity to the Hayle and Carrick Gladden SSSI and a County Wildlife Site and POLICIES CC-7 and CC-8 (paras. 6.3.35 and 6.3.43) will be important in assessing proposals. In addition the quay and the structure adjacent to Carnsew Pool are important indicators of the town's industrial and maritime heritage. A report on Hayle prepared by the Cornwall Archaeological Unit (CAU) 'Hayle Historical Assessment' identifies the historic significance of this area and its potential for formal designation. The Conservation Area has since been extended to include the harbour area. In addition the area is recognised for its importance to the World Heritage Site bid and the supporting Management Plan provides further guidance on conservation and design issues.

7.3.109 South Quay extends northwards from the railway viaduct and the areas occupied by Jewsons and adjacent buildings are included within the potential redevelopment area together with the area of the former foundry yard to the south of the B3301. The quay, which is a Listed Building, suffers from instability and is in a poor state of general repair. Nevertheless it is a valuable facility for local fishermen and is visually important in this part of the town. This area has the benefit of good access to the main road network without the need for traffic to pass through the town.

7.3.110 North Quay, which extends from the vicinity of the old custom house to the site of the former power station, appears to be in relatively good condition with no obvious signs of subsidence and it is located alongside the main channel with direct access to the sea. Associated closely with the quay are the former sites of the power station, Octel and Esso. The access to all of this area is via a narrow bridge from a junction with the main road through the town and which has limited visibility westwards. The bridge is also a Listed Building.

7.3.111 East Quay, which is a Listed Building, is located between North and South Quays and contains a number of commercial and industrial uses most of which do not carry out activities directly associated with the harbour. While some of the buildings date from the last century others are of a much later date and nondescript in appearance. There are two points of access in close proximity to each other and on a sharp bend.

7.3.112 Lelant Quay, which is on the opposite side of the estuary to the others, is in generally good condition. Access to the site, via Lelant village, is poor and being adjacent to the main channel to the western part of the estuary, the tidal conditions alongside the quay are treacherous. In view of its location outside the urban area, together with the access limitations and difficult tidal conditions that prevail at Lelant Quay no specific policy provision is included for this site. Proposals for the reuse of this area will be considered within the framework of policies for various types of development contained in the Local Plan together with those relating to the provision of satisfactory access and the protection of the environment.

7.3.113 All of the policies in the Maritime Issues section of the Structure Plan are relevant to development in the harbour area. Of particular importance are MAR 1, which identifies that development should be considered against the need to conserve the coastal environment and in the context of the economic value of the activities it supports, MAR 4, which seeks to retain waterside sites on the developed coast for maritime industries or leisure and MAR 5, which states that the provision of new facilities for the fishing industry should be focused in existing fishing ports and that unrelated development should not prejudice maintaining at least the current level of activity. In terms of leisure Policy MAR 7 requires that improved access for watersports should be sought where it can be achieved without adverse effects on the environment of the undeveloped coast and MAR 8 seeks the provision of additional mooring facilities for pleasure craft. (Policy 4, Structure Plan 2004 also relates)

7.3.114 POLICY TP-4 (para. 12.3.24) is relevant to proposals which affect the existing port facilities or provide for improvements. However, in considering proposals for the redevelopment of the harbour the policies contained in Section 6 for the protection of the coast and countryside and the designated areas will be particularly important as will POLICIES TV-1 and TV-2 (paras. 7.3.5 and 7.3.10) which relate to the setting and character of the town and the value of certain open areas in and around the estuary. Developers should be aware of issues relating to dredging and to land gain by infilling of wetland habitats, including the intertidal areas. Particular consideration should be given to the protection and development of flood defences in terms of the operations of the tidal gate, to Copperhouse Pool. The key Policies to be taken into account are GD-4, CC-14, CS-4 and CS-8 (paras. 5.3.11, 6.3.68, 13.3.19 and 13.3.29).

7.3.115 Within the context of the policy framework outlined above, the redevelopment of South Quay/Foundry Yard and North and East Quays will be acceptable for a range of uses including retail, industrial, storage, hotels, housing, museums, galleries, halls and entertainment facilities. As a previously developed site closely related to a town centre there should be an emphasis on the provision of housing in line with national policy guidance. As identified in paragraph 7.3.99 Hayle has two centres which serve the needs of the local residents and visitors and the overall approach of the plan is not to seek to change the established hierarchy of centres but to endeavour to strengthen their respective roles (para. 7.3.46). In the interests of safeguarding the vitality and viability of both centres, retail uses within the scheme should be complementary and, in the case of the Foundry centre, be well integrated both physically and visually. Developers will also be required to undertake a 'needs assessment' if a proposal is made for any substantial retail, leisure or other town centre type development.

7.3.116 The extensive lengths of wharf contained within these three sites are a valuable resource which, with the increasing emphasis on the movement of freight by alternatives to road transport, could provide facilities for improved sea transport. While mixed development is acceptable on these sites provision must also be made to improve the level of facilities offered by the port particularly those for the fishing industry. There are several premises within the three quays which contain industrial and storage uses and it is likely that redevelopment proposals will affect these units. The identification of land for such uses within the District is problematical and it is important that the contribution these premises make to the overall employment base is not lost. Redevelopment proposals must therefore include provision for the maintenance of the existing level of provision. New proposals for the area are also required to submit a 'Flood Risk Assessment' as part of the planning application, further advice is detailed in Planning Policy Guidance Note 25 : Development and Flood Risk.

7.3.117 All three quays are prominent within the town and from various viewpoints around the estuary. Despite their present air of dereliction the area of the harbour has a distinctive character which is inextricably linked to the town's industrial heritage. It is vital that redevelopment proposals respect the special character of the area and provide for the retention of structures and features which provide the historical context of the harbour.

7.3.118 In considering specific proposals for Hayle harbour the Council will seek, therefore, to meet a number of key objectives: the regeneration of derelict sites; effective use of previously developed land; the provision, within a mixed use development, of housing which contributes to the requirement identified in the Structure Plan; the retention and improvement of port facilities; the retention and improvement of provision for industrial, business and storage uses; the effective integration of retail and other town centre uses with the existing Foundry centre; and the effective protection of significant, natural and built, environmental assets. However, for an effective regeneration scheme to come forward it is likely that economic drivers, as well as grant assistance, will be needed. A flexible approach will be important, therefore, if a range of opportunities is to be available to potential developers. The Council is strongly committed to the development of the site and has indicated that a masterplan to guide the development should be prepared with the involvement of statutory consultees and other interested parties.

SOUTH QUAY / FOUNDRY YARD (6.0 HA), NORTH QUAY (7.9 HA) AND EAST QUAY (1.0 HA) (Link to Map 3) ARE PROPOSED FOR REDEVELOPMENT FOR USES WITHIN CLASSES A1, A2, A3, B1, B2, B8, C1, C3, D1 AND D2 OF THE TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987 (AS AMENDED). PROPOSALS FOR DEVELOPMENT WILL BE REQUIRED TO:-

(i) MAKE PROVISION FOR IMPROVED PORT FACILITIES;

(ii) MAKE PROVISION FOR THE MAINTENANCE OF THE EXISTING LEVEL OF INDUSTRIAL AND STORAGE FACILITIES;

(iii) ENSURE THAT TOWN CENTRE USES (A1, A2 AND A3) ARE CLOSELY INTEGRATED WITH THE ADJACENT
TOWN CENTRE IN TERMS OF LOCATION, ORIENTATION AND PEDESTRIAN MOVEMENT;

(iv) PROVIDE FOR AT LEAST 400 DWELLINGS WITH A TARGET FOR 25% OF PROVISION BEING “AFFORDABLE” AND MEETING THE REQUIREMENTS OF POLICY H-14;

(v) BE OF A SCALE AND DESIGN THAT RESPECTS THE MARITIME ENVIRONMENT AND HERITAGE OF THESE PROMINENT LOCATIONS IN THE HARBOUR;

(vi) RETAIN EXISTING BUILDINGS AND TRADITIONAL FEATURES WHICH CONTRIBUTE TO THE CHARACTER OF THE AREA;

(vii) BE COMPATIBLE WITH THEIR SURROUNDINGS ; AND

(viii) INCLUDE PROVISION FOR THE IMPROVEMENT OF THE JUNCTION BETWEEN CARNSEW ROAD AND FOUNDRY LANE.

The Foundry Area (Link to Map 3)

7.3.120 Since the closure of Harvey's Foundry in the early years of the 20th Century many of the buildings associated with this remarkable enterprise have been demolished. In certain cases this was to facilitate redevelopment which did not materialise for many years and in others because there was concern about their structural stability. As a result the area of the foundry to the north of the railway has been cleared of all meaningful remains. However, south of the viaduct there are several notable buildings and structures that belong to the industrial past of the town. In the late 1990s a local partnership representing the community and key public agencies, led by Penwith District Council, developed a regeneration project for the area and created the Harvey's Foundry Trust to take ownership. The project is supported by The Prince's Trust Foundation 'Regeneration Through Heritage' and they helped to develop proposals for the sustainable re-use of the redundant historic buildings in the area. The first phase of the regeneration programme has now been completed with work including the restoration of the Grade II listed building at 24 Foundry Square which now has facilities for archiving, office use, visitor facilities and educational resources. Dowren House has created 8,000 sq. ft of quality business units on the site to aid business growth and job creation in the area. Phase two of the regeneration initiative has begun and it focuses on the restoration of the Foundry Farm which will provide workshops and gallery space combined with living accommodation. Work will also take place to stabilise and make safe other historic buildings in the area that are known to be at risk. The development of this type of facility, utilising existing buildings in an accessible location in a town, accords with the principles contained in Policies TOUR 3 and TOUR 4 of the Structure Plan (Policies 1, 4 & 12, 2004). In order to focus on the heritage importance of the site, housing within this area will only be acceptable where it is essential to the viability of the scheme or provides affordable housing to meet a local need (POLICIES H-3 and H-14 paras. 8.3.22 and 8.3.78) and, in line with this approach, the southern part of the site has been developed by the Guinness Trust. The following proposal, therefore, relates to the remainder of the site.

7.3.121 PROPOSAL TV-E

THE FOUNDRY AREA (1.45HA) (Link to Map 3) IS PROPOSED FOR THE DEVELOPMENT OF A HERITAGE CENTRE, CRAFT WORKSHOPS WITH ANCILLARY RETAIL OUTLETS. ANY DEVELOPMENTS SHOULD RETAIN AND UTILISE EXISTING BUILDINGS AND STRUCTURES OF HISTORICAL SIGNIFICANCE.

Copperhouse Pool (Link to Map 3 and Link to Map 17 and Link to Map 18)

7.3.122 Copperhouse Pool is an important feature within Hayle which is visually dominant in views from the east and also provides a constant reminder of the proximity of the estuary from within the built up area of the town. The pool is designated as an SSSI and County Wildlife Site and is within the Area of Great Scientific Value. Policy MAR 7 of the Structure Plan (Policy 4 & 13, 2004) states that provision should be made for improved access to coastal waters for recreation and facilities provided for watersport participants where they can be achieved without significant adverse effects on the undeveloped coast. The importance of Copperhouse Pool together with Wilson's Pool and the Recreation Ground to the east, as a recreational resource is acknowledged by POLICY R-4 (para. 11.3.22) and an emphasis accordingly placed on retaining and improving recreational opportunities in this area. The pool also has potential as a watersports venue but the level and type of activities that may be acceptable must be assessed in the context of POLICIES CC-7, CC-8 and R-8 (paras. 6.3.35, 6.3.43 and 11.3.50).

Harvey's Towans (Link to Map 3 and Link to Map 17)

7.3.123 Harvey's Towans comprises of a predominantly open area of sand dunes which occupy a prominent position on the eastern side of the Hayle estuary and the southern edge of St Ives Bay. A small number of permanent residential chalets are located on the dunes to the north and west of the former power station site while a relatively large level area in the central part of the site is used for parking by visitors to the dunes and beach. The site has a fragile environment which, due to its physical nature, is vulnerable to erosion and damage both from human activity and from the sea. This vulnerability has been recognised by the Hayle – Gwithian Towans Management Plan 'The Sands of Time', which is a partnership between the County, District, Town and Parish Councils, landowners and the local community and relates to restoration and management measures across the whole dune system along this stretch of coast. While the condition of the existing chalets varies, and the access track is unmade and in poor condition, the area has a distinctive character which echoes the early 20th Century seaside atmosphere of parts of the adjoining Riviere Estate.

7.3.124 While limited environmental improvements could be made to the appearance of the site, in view of its prominent location and fragile nature it is not considered that any intensification of the present level of use is appropriate. In addition, advice in para. 2.9 of PPG20: Coastal Planning is relevant in that, in a coastal zone, development plan policies should normally not provide for development which does not require a coastal location. An increase in the amount of residential development in this area would conflict with this guidance. Where existing units are proposed to be replaced, extended or renovated it will be important to ensure that the design and materials used reflect the distinctiveness of development on the site in the interests of retaining the character of the area.

ON HARVEY'S TOWANS (Link to Map 3 and Link to Map 17) AN INCREASE IN THE NUMBER OF RESIDENTIAL OR HOLIDAY UNITS WILL NOT BE PERMITTED. PROPOSALS FOR THE REPLACEMENT OR EXTENSION OF CHALETS MUST BE OF SINGLE STOREY CONSTRUCTION AND OF A DESIGN COMMENSURATE WITH THE TRADITIONAL CHARACTER OF THE SITE. PROPOSALS FOR ENVIRONMENTAL IMPROVEMENTS AND THE MANAGEMENT OF VISITOR PRESSURE WILL BE ACCEPTABLE SUBJECT TO THEIR BEING IN KEEPING WITH THE CHARACTER AND PROMINENCE OF THE SITE.

St. Just Town Centre (Link to Map 4)

7.3.126 St. Just is located approximately 7 miles west of Penzance and is the main centre within the more remote western part of the District which was once an important mining area. This area has a distinct character and a tradition of independence that is still felt strongly today, however, the locality now inevitably relies on Penzance for many of its services. Nevertheless St. Just town centre provides a valuable range of outlets and services to the residents of the town and the surrounding villages and rural area. The retail outlets are of a lower order but, being located as it is on the very popular north coast route, the town undoubtedly receives a seasonal boost to trade. The town centre is defined primarily to include Market Square and Bank Square.

7.3.127 In December 2002 Cornwall County Council were awarded a grant of £1,990,869 from the Objective One Programme towards the £3.9 million St. Just Heritage Area Regeneration Project. The project aims to help stop the downward spiral of economic decline of the parishes of St. Just, Morvah, Zennor and Towednack. The project consists of a variety of different schemes including: town environmental and infrastructure improvements; enhancing important historic mining features and derelict land; and stimulating the local economy through environmental quality and capacity building.

Shopping Development

7.3.128 The Local Plan approach to the hierarchy of centres and provision of shopping facilities in the District is outlined in paragraphs 7.3.43 to 7.3.57. The range of services provided in St. Just is important to the west of the District but, in view of the location of the town within the AONB and the compact nature of its centre, it is not anticipated that there will be opportunities to develop further shopping facilities beyond those within the purview of POLICY TV-19 (para. 7.3.59).

Impact of Development

7.3.129 The whole of the town centre falls within the Conservation Area and accordingly POLICIES TV-6 to TV-9 (paras. 7.3.19 to 7.3.25) will apply to proposals in this area and POLICIES TV-10 to TV-12 (paras. 7.3.28 to 7.3.32) will be relevant in relation to Listed Buildings.

Other Centres

7.3.130 Throughout the District there are individual units and small groups of shops and other service outlets which meet the needs of the local community. These include local centres in the larger urban areas and facilities in villages and rural areas. Facilities of this type are increasingly threatened by competition from larger outlets and the range of services offered in the main towns. Their loss frequently results in significant reduction in accessibility to services for those without the use of a private car and can therefore add to the need to travel in order to visit a nearby centre. The nature of the threats to these facilities, combined with the already generally high level of mobility in the local population, particularly linked to travel to work, means that increasing the level of population within the catchment area of any given outlet does not necessarily result in its improved viability. The approach to village and neighbourhood facilities is covered in paragraph 7.3.60 and POLICY TV-20 (para. 7.3.61).

TOPIC	LOCAL PLAN POLICIES/PROPOSALS	STRUCTURE PLAN POLICIES 1997 (2004)
The Built Environment
Setting and character of towns and villages	TV-1 (GD-1, GD-2, CC-1)
Open Areas Related to Settlements	TV-2, TV-3, (CC-10, CC-12, R-3, R-4)	H 2, ENV 7(Policy 1 & 2)
Trees
Safeguarding trees	TV-4	(Policy 2)
Tree planting	TV-5 (GD-3, CC-13)
The Historic Environment
Conservation Areas		ENV 3 (Policy 2)
Character and appearance	TV-6 (GD-1, GD-2, TV-1)
Demolitions	TV-11
Retail premises	TV-7 (GD-2, H-12)
Advertisements and signs	TV-8 (GD-6)
Replacement windows and doors	TV-9
Listed Buildings		ENV 3 (Policy 2)
Proposals affecting Listed Buildings	TV-10
Demolitions	TV-11
Replacement windows and doors	TV-12
Buildings of local significance	(GD-8)
Traditional shop fronts	TV-13 (TV-7)
Sites of archaeological importance	(CC-15, CC-16)	ENV 2, ENV B, ENV 3, ENV C(Policy 2)
Historic Settlements	TV-14
Derelict land	TV-15 (GD-4, CC-15, CC-16, TV-14, TV-A, TV-D, TV-E, H-3, CS-5, CS-8)	ENV 2, ENV 3, ENV 13, ENV 14(Policy 3)
Hierarchy and role of centres
Major commercial developments	TV-16	SP 2, TRAN 1, SHOP 1 (Policies 11, 14 & 28)
Shopping provision
Major developments	TV-16, TV-17 (TP-11)	SHOP 1, SHOP 2 (Policies 11, 14 & 21)
Prime shopping areas	TV-18
Town centre uses	TV-19
Village and neighbourhood facilities	TV-20	SHOP 3 (Policies 11, 14 & 21 & 25)
Penzance Town Centre and Harbour
Shopping development		(Policies 14, 16 & 21)
New provision	TV-16, TV-17, TV-19, TV-A,	SHOP 1, SHOP 2
Existing provision	TV-18, TV-19
Impact of development	TV-6, TV-7, TV-8, TV-9, TV-10, TV-11, TV-12, TV-13, TV-14 (GD-6)	ENV 3 (Policy 1)
Redevelopment	TV-A (H-3, H-14, E-2, E-10, TP-11)
Jennings Street	TV-21 (TP-11)
Bread Street	TV-22 (TP-11)
Rear servicing	TV-A, TV-22, (TP-11)
Parking	(TP-12, TP-13)	TRAN 6 (Policies 27 & 28)
Harbour Car Park	TV-23 (TP-13, R-8)
Harbourside area	TV-24, (TP-4, R-8, E-10)	MAR 4 to 6, TRAN 4
Isles of Scilly Cargo & Passengers	TV-B
Water sports, leisure and tourism	(TV-24, R-8)	MAR 7, MAR 8 (Policy 4 & 13)
Jubilee Pool	TV-C, TV-10	ENV 3
St. Ives Town Centre and Harbour
Shopping development		(Policies 14 & 25)
New provision	TV-16, TV-17, TV-19	SHOP 1, SHOP 2
Existing provision	TV-18, TV-19
Hot food take-aways	TV-25
Impact of development	TV-6, TV-7, TV-8, TV-9, TV-10, TV-11, TV-12, TV-13, TV-14 (GD-6)	ENV 3 (Policy 1)
Parking	(TP-12, TP-13)	TRAN 6 (Policy 28)
Hayle Town Centres and Harbour
Shopping development	TV-16, TV-17, TV-19, TV-D	(Policies 14 & 25) SHOP 1, SHOP 2
Impact of development	TV-6, TV-7, TV-8, TV-10, TV-11, TV-12, TV-13, (GD-6)	ENV 3 (Policy 1)
Redevelopment
The quays	TV-D (TV-1, TV-2, H-3, H-13, H-14, E-2, E-10, TP-4)	MAR 1 to 8 (Policies 12 & 4)
The Foundry area	TV-E (H-3, H-14, E-2)	TOUR 3, TOUR 4 (Policy 4, 13 & 12)
Copperhouse Pool	(CC-7, CC-8, R-7, R-8)	MAR 7
Harvey's Towans	TV-26
St. Just Town Centre		(Policies 14 & 25)
Shopping development	TV-17, TV-19	SHOP 1, SHOP 2
Impact of development	TV-6, TV-7, TV-8, TV-9, TV-10, TV-11, TV-12, TV-13 (GD-6)	ENV 3 (Policy 1)
Other centres	TV-20	SHOP 3 (Policy 25)