EACH week, hundreds of planning applications come before Cornwall Council’s planning department, seeking to win approval for various plans right across the Duchy.

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.

PA24/02181: RETROSPECTIVE planning permission for the use of a shepherd’s hut as holiday accommodation at Duloe has been refused by Cornwall Council’s planning department.

Mr Sampson and Ms Cartwright applied to the local authority for permission seeking the change of use of land and siting of a shepherd’s hut for use as holiday accommodation on land southeast of Hillford Cottage, Duloe.

It was a retrospective planning application, meaning that it was seeking permission for a use which had already commenced, such as if an individual had built a dwelling and then applied for planning permission for its use.

In this instance, the application form accompanying the planning application stated that the use of the shepherd’s hut as holiday accommodation began in July 2022.

Duloe Parish Council responded to the consultation by saying: “Duloe Parish Council has no objections and therefore supports the application.” When contacted under planning protocol to be informed that the officer was minded to recommend refusal, the council maintained its position, agreeing to disagree, meaning it could be decided by planning officers under delegated powers.

In a planning officers report accompanying the refusal, they stated: “The Shepherds Hut is relatively minor in scale, having a floorspace of around 10.3 metres squared and a height of about 3.1m (excluding the flue). The hut sits outside of the current built form of the settlement and sits within an undeveloped parcel of land which slopes down towards the stream to the south. The site and Shepherd's Hut can be seen from the Public Right of Way (PROW) to the south of the site, which is located approximately 180m from the hut. From this viewpoint the Shepherds Hut is seen as sitting outside of the existing built form of this settlement and does not reflect the visual character of the other buildings seen from here. The introduction of this Shepherd's Hut and its subsequent use has resulted in a loss to the peace and tranquillity of this previously undeveloped parcel of land.

“Whilst it is acknowledged that the hut is seen within the context of the other buildings within Trefanny Hill settlement, it does lie outside of this built form within an open field. Consequently, the siting of this hut has removed the previous undeveloped and rural character of this field and has resulted in a loss to the tranquil and undeveloped land which surrounds this rural settlement.

“As such, the proposal has eroded the rural view offered along this valley and as seen from the PROW to the south and consequently it is considered that it has resulted in visual harm to the character and appearance of this designated landscape and has further caused harm through the loss of peace and tranquillity within this particular area.

“Whilst the degree of harm offered through the proposal may be considered less than substantial, it does not sustain local distinctiveness, nor does it protect or maintain the character or distinctive landscape qualities of this area. Therefore, it is considered that the proposal is contrary to the aims and intentions of policies 12 and 23 the Cornwall Local Plan, policy C1 of the Climate Emergency DPD, policy CL9 of the Caradon Local Plan first Alteration 2007 and paragraphs 135 and 180 of the NPPF.”

Refusing the application, Cornwall Council told the applicants: “The proposal would result in a new holiday unit set in an inappropriate unsustainable location that would be heavily reliant on a private vehicle and is not accessible by a range of transport modes. The introduction of this holiday accommodation would result in visual harm to the character and appearance of this area and therefore would not sustain local distinctiveness, nor would it protect or maintain the character or distinctive landscape qualities of this area within the Looe and Seaton Valleys Area of Great Landscape Value.

“The benefits to the tourist economy from the introduction of this single unit of holiday accommodation does not outweigh the harm due to the unsustainability of its location and the visual harm to its setting.

“Therefore, the proposal is not considered to represent sustainable development. No substantive evidence has been presented setting out a pressing and current need for additional holiday accommodation within this area and to serve the existing holiday use.

“The site is beyond the boundaries of any defined settlement, and in the absence of any other special circumstances to justify residential accommodation within this location, the proposal would conflict with the aims and intentions of policies 1, 2, 3, 5, 7, 12 and 23 of the Cornwall Local Plan Strategic Policies 2010-2030 (Adopted 22nd November 2016), policies AG1, C1 and T1 of the Climate Emergency Development Plan Document February 2023, policy CL9 of the Caradon Local Plan first Alteration 2007 and paragraphs 8, 88, 116, 135 and 180 of the National Planning Policy Framework 2023.”

PA24/02968: PLANS for the demolition of an existing extension and a replacement constructed in its place have been approved by Cornwall Council.

Mr and Mrs Rosario applied to the local authority seeking permission to demolish an existing single-storey rear extension and the construction of an enlarged single-storey, flat-roofed rear extension at 11 Whitestone Road, Bodmin.

A neighbour, Mr Taylor said in response to the consultation: “As a neighbour I have no objection to the application.

“However due to the proximity of the proposed works in relation to the boundary between our properties I would request that an action plan be produced in writing to ensure the safety and integrity of my property and persons using my property for the duration of the proposed works.”,

This was something which was not considered a material planning matter by the officer tasked with assessing the application for planning permission.

Bodmin Town Council said it supported the application.

Cornwall Council approved the application, subject to the standard conditions requiring it to be begun before the expiration of three years and in accordance with the plans which had been approved.

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