EACH week, hundreds of planning applications come before Cornwall Council’s planning department, seeking to win approval for various plans right across the Duchy, with some concerning Holsworthy handled by Torridge District Council.
These plans can comprise of a number of different reasonings– ranging from permission to replace windows or listed building consent ranging up to large house building developments or changing of use of a building, for instance, from an office to a café, or flats.
Within this large and often complex system, there are a number of formats from which planning advice and approval can be sought.
These range from full applications where all the details which comprise a proposed development or work to a building are submitted, to outline applications, where further details are yet to be confirmed, for example, an outline application with reserved matters for appearance may not confirm the final proposed development but rather seek permission in principle.
An example of this is one for an outline permission for 20 dwellings on land with reserved matters for appearance and scale; the reserved matters would require further permission later for their inclusion.
Other types of applications include pre-application advice requests, where would-be developers submit often outline proposals to a local authority to ascertain whether it is likely to gain support or not prior to submitting a planning application.
The vast majority of applications are decided by planning officers employed by a local authority under ‘delegated powers’, meaning they do so on behalf of their employer, however, some applications are ‘called in’ by local councillors to be discussed at an area’s strategic planning committee meeting, meaning the final decision rests with a committee of councillors.
Plans for nine properties refused
PA24/00331: PROPOSALS for the construction of nine dwelling houses, in addition to a public car park in a North Cornwall village has been refused by Cornwall Council’s planning department.
Mr Frank Francis applied to Cornwall Council for permission to build the dwellings at land known as ‘Land North of Azure, St Merryn, Padstow, Cornwall’.
The proposed village car park would have comprised of 16 spaces. A previous proposal that was extremely similar to the one refused was also given refusal in 2019.
In an adjoining design and access statement document accompanying the planning submission, the applicant stated: “The 0.87ha site is an agricultural field (ALC Grade 3) which lies within a short walk (100 metres to the east) of the St Merryn village centre and is accessed from the B3276.
The primary school lies 350 metres to the southwest. The site is bound by existing residential development to the north (Sunnydene), the south (Azure, Gollum, and The Barn) and along the top half of the eastern boundary (5no. dwellings to Marina Close). In addition, the site shares the lower half of its eastern boundary with the village car park. The site falls within the Cornwall AONB (Trevose Head to Stepper Point).
The parish of St Merryn is a designated rural area. A Public Right of Way (545/5/2) runs along the length of the southwestern boundary. An outline consent (all matters reserved) was granted in 2017 (PA15/08285) for eight dwellings (four affordable). Reserved matters were approved in June 2018 (ref: PA18/03402); work was required to commence on site by the April 1, 2021, and the application was implemented through the laying out of the access road. An outline application for 9no. dwellings (ref: PA19/07324) was refused by the Council and dismissed at appeal.
“The current application proposes nine detached dwellings, arranged around the northwestern (rear), northeastern (side) and southeastern (roadside) boundaries. Access is proposed to the southern corner of the site, 20 metres to the west of Azure’s vehicular access. A 5-metre buffer would be retained to the PROW.
“The car park would be positioned to the front of the site and the west of Azure, and accessed from the public road through the site, with parking for 16no. vehicles. The applicant proposes an offsite contribution for affordable housing.”
St Merryn Parish Council objected to the proposal, stating: “At the Parish Council meeting held on Thursday 15th February, the application was discussed. Members voted to OBJECT to this application- unanimous.
“The parish council objects to this application, as with the previous application for 9 dwellings and dismissed at Appeal , the council disagree that the 3 new adjacent dwellings change the fact that the proposal still presents an extension into the open countryside in AONB . In addition there are serious design issues with the scheme, particularly intrusion into adjacent dwellings.”
There were also objections from the Ramblers Association and countryside access officer.
The application was refused by Cornwall Council on a number of grounds.
In response to the applicant, it said: “The proposal would deliver open market housing that projects into and erodes the natural undeveloped character of the open countryside which is designated as part of the Cornwall National Landscape without directly satisfying a local need. The proposal does not accord with the spatial strategy pursued by this Council in the development plan and accordingly the proposal fails to comply with the development plan provisions contained within policies 1, 2, 3, 7, 9, 21, or 23. The limited economic and social benefits of the development including the delivery of housing to support the role and function of the settlement, the construction jobs that would be created, do not outweigh the environmental harm nor the conflict with the development plan and the proposal is not considered to represent sustainable development.
“By virtue of its scale, massing and proximity to the neighbouring properties the proposed dwelling on Plot 7 results in an unneighbourly form of development owing to the significant increase in the extent of overlooking experienced by these neighbours above the existing situation; overbearing impacts, particularly to 3 and 4 Marina Close, where the proposed dwelling will be a dominant feature in their outlook; and a degree of overshadowing to the rear facing rooms that will unacceptably erode the enjoyment of the already limited external amenity space at 3 and 4 Marina Court. As such the proposed dwelling located on Plot 7 as indicated on plan 23.067 - 003 Rev A is considered conflict with Policy 12(2) of the Cornwall Local Plan Strategic Policies 2010-2020 and paragraph 135 of the National Planning Policy Framework 2023.
“In the absence of a mechanism to secure the off-site contribution to affordable housing and educational infrastructure, for which there is evidence of an identified need the proposal is considered to be contrary to CC document - Developer Contributions Guidance Note - January 2024 and Cornwall Local Plan Strategic Policies 2010-2030 policies 8 and 28.
“In the absence of appropriate evidence, the proposal fails to adequately demonstrate how the development would impact upon any species protected by law both during and post implementation of the proposed scheme. In the absence of such information the Local Planning Authority is unable to assess whether adverse harm would be generated with respect to any protected species and hence the development is contrary to the aims of paragraphs 185 and 186 of the National Planning Policy Framework 2023, guidance within the section titled 'Protected Species and development: advice for local planning authorities' of Planning Practice Guidance, together with Policy 23 of the Cornwall Local Plan 2010-2030.”
Retrospective Application
PA24/01790: A RETROSPECTIVE planning application for permission to install an EVC (Electric Vehicle Charging) hub, jet washes and associated works has been submitted to Cornwall Council.
The application was made by Shell UK Products Limited, with the application concerning Bude Services petrol station, Bencoolen Road, Bude.
The date stated in the accompanying application form stated the installation began operation in October 2022.
The application is currently being considered by Cornwall Council’s planning department with a response to be considered in the coming weeks and months.