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Planning Inspector’s decision on planning application for re-development of the Admiral Nelson public house in Falmouth Cornwall: HSE statement

The planning inspector who presided over the planning inquiry into an application to redevelop the Admiral Nelson public house in Falmouth Cornwall advised HSE on 11 January 2011 of her decision not to grant planning permission (Appeal A). This statement represents HSE’s considered response to the Planning Inspectors’ conclusions.

HSE had advised Cornwall Council against granting planning permission for the re-development of the public house into forty-six residential apartments for the over fifty-five age group. This was because of its close proximity to a hazardous installation, W F Fertilisers (now re-branded as Bunn Falmouth) which is subject to the Control of Major Accident Hazard Regulations (COMAH) 1999 (guidance on the COMAH regulations).

Cornwall Council’s planning committee resolved not to grant planning permission for a number of reasons, but did not cite safety as a reason for refusal. The developer, ‘Acorn Development’ appealed the decision and HSE appeared as a witness at the planning inquiry.

HSE welcomed the Planning Inspector’s decision which supported HSE’s advice in a number of important ways:

Background

On 28 April 2009 HSE advised Cornwall Council against granting planning permission for this application. HSE had advised against the development because:

The planning inquiry, which started on 14 September took place in Truro, Cornwall and ran for six days. HSE appeared at the Inquiry as a witness to ensure the planning inspector was fully aware of HSE’s safety concerns and could take them into account during the decision making process.

The decision was taken by the Planning Inspector under delegated powers from the Secretary of State for Communities and Local Government.

Local Planning Authorities are legally required to consult HSE on certain planning applications within the consultation distance of installations where hazardous substances are stored. HSE advises on the nature and severity of risks presented by major hazards to people in the area surrounding proposed developments, so that those risks can be given due weight, when balanced against other relevant planning considerations, in making planning decisions.

Local Planning Authorities are required to give serious consideration to public safety issues when considering planning applications for development in the vicinity of major hazard installations. HSE’s advice should not be overridden without the most careful consideration.

Further information

Updated: 2014-10-02