On Monday 10th March, Cornwall Council’s Planning Committee refused an application by Mr Trevorrow to Construct 10 new dwellings, access road, parking and creation of new access to a highway.
This followed strong objections by the Parish Council, Residents and SERA.
Cornwall Council’s decision letter is reproduced below.
Application number: PA13/09686
|Agent: Mr Mike Bradbury1 North Parade Penzance Cornwall TR18 4SH||Applicant: Mr W Trevorrow Corva Farm Steeple Lane St.Ives Cornwall TR26 1BJUnited Kingdom|
Town And Country Planning Act 1990 (as amended)
Town And Country Planning (Development Management Procedure) (England) Order 2010
Notice of Refusal of Outline Planning Permission
CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES PERMISSION, for the development proposed in the following application received
on 22 October 2013 and accompanying plan(s), for the reasons set out on the attached schedule:
|Description of Development:||Construction of 10 new dwellings, access road, parking and creation of new access to a highway|
|Location of Development:||Land Parcel 1337Chenhalls RoadSt ErthCornwall|
1 The site is on the edge of St Erth and is not seen in the context of the built environment of the village due to the visual separation created by the cemetery and mature trees and hedges to the south west of the site and the agricultural field to the south east and east of the site. The development will therefore appear as an isolated development in the countryside to the detriment of the rural character of the area thus is contrary to the core principle of the National Planning Policy Framework that there should be a recognition of the intrinsic character and beauty of the countryside. The proposal is also contrary to Penwith Local Plan policies GD1 and TV1 in regard to integration with surroundings and the integration with the character of the settlement.
2 In the absence of a suitable completed mechanism for the delivery of affordable housing, the scheme is contrary to Paragraphs 47, 50 and 54 of the National Planning Policy Framework.
RELEVANT PLANNING POLICIES:
National Planning Policy Framework 2012
Paragraphs 14, 32, 39, 49, 54, 58, 59, 69, 99, 103, 112, 118, 131.
Technical Guidance to the NPPF 2012
Penwith Local Plan (2004) and in particular:
GD-1 Scale Siting and Design
GD-2 Design and Layout of Development
GD-3 Landscaping and Planting
GD-4 Prevention of Pollution
GD-5 Highway Issues
CC-1 Safeguarding the Countryside
CC-9 Protected Species and Habitat
CC-10 Features of Conservation Value
CC-12 Trees and Hedgerows
TV-1 Setting and Character of Towns
H-5 Development in Villages
H-14 Affordable Housing
H-15 Affordable Housing
H-18 Design, Layout and Densities
E-5 Protection of Agricultural Land
CS-4 Flood Risk
Cornwall Local Plan Strategic policies. Pre-submission document (January 2014).
2 – Key targets and spatial strategy.
3 – Role and function of places.
6 – Housing mix.
8 – Affordable housing.
9 – Affordable Housing led schemes.
11 – Managing viability.
13 – Design.
14 – Development standards.
22 – Best use of land.
23 – Natural environment.
24 – Historic environment.
26 – Flood risk.
27 – Transport and accessibility.
PP2 – Hayle and St Ives Community Network Area.
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Proposed 1759-P03 C received 18/02/14
Proposed 1759-P01 A received 17/12/13
Existing 1759-P02 A received 17/12/13
Proposed 1759-P05 received 22/10/13
Proposed 1759-P04 received 22/10/13
Appeals to the Secretary of State
If the applicant is aggrieved by the decision of the local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then they may appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If you want to appeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the date of this notice in the case of householder appeals made in relation to applications submitted on or after 6 April 2009). Appeals must be made using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.
If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
In these circumstances, the owner may serve a purchase notice on Cornwall Council. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.
If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice.