Cornwall Council breaches its own planning laws

June 14th 2018

It will not have escaped the notice of residents, (especially those who live nearby), that work continues relentlessly at the Hub as Wills Bros. struggles to catch up with the project timetable.

The Parish Council has complained to Cornwall Council that it has allowed Wills Bros. to operate outside the working hours permitted in planning decision notices PA11/09753 (South Car Park) and PA11/09753 (North Car Park) and has requested Cornwall Council to take enforcement action.

Cornwall Council refused to take enforcement action because applications had just been made, retrospectively, for permission to increase the working hours, in both car parks, from 8am to 6pm Monday – Friday; and 8am to 1pm on Saturdays to 7am to 9am Monday – Friday and 7am to 7pm on Saturdays.

The Parish Council was consulted on the two applications to increase the working hours and made the following comments on each one:

“RESOLVED – that St Erth Parish Council objects strongly to these applications because the extended working hours applied for:

1. are being worked already and so this breach of planning control should be the subject of enforcement action (and the Parish Council will be making such a complaint);
2. are considered unneighbourly because if approved, will prevent the owners/occupiers of neighbouring properties from having the quiet and peaceful enjoyment of their homes, especially during the summer months;
3. will create an increase in construction traffic movements in that area in addition to the general increase in summer time traffic, especially during the school summer holidays, and when there is greater use of the recycling centre.

St Erth Parish Council, therefore, requests that this application be refused and that work continues during the hours previously permitted, but that if the Case Officer is minded to approve this application under delegated powers, then it be referred to Committee for determination.”

The point has been made to Cornwall Council that it is currently allowing Wills Bros. to continue to work outside permitted hours but will not take enforcement action against that breach of planning permission (because permission has been applied for retrospectively) – although Cornwall Council has not yet determined either application!

The Parish Council maintains its support to all residents who continue to suffer: daily disturbance by noise and dust pollution; sleep disturbance by noise and flood lighting; unfinished and therefore, unsafe, pavements; unacceptable road surface; and potentially dangerous traffic management arrangements.

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