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.

PLANS for a Muslim cemetery on land near Callington has been met with multiple objections by locals and the Environment Agency.

They told Cornwall Council: “Gardens of Mercy is a charity for the provision of the needs of Muslims in Devon and Cornwall. Dr Salim Mahadik, the chairperson, is applying on behalf of the Charity.

“The Charity’s main objective is to provide a separate burial space for the Muslim community of Devon and Cornwall, which is also the vision of the planning proposal.

“At present, the Muslim community in our region is unable to bury the deceased according to proper religious traditions as there is no Muslim burial ground in Devon and Cornwall. The absence of this provision was acknowledged at our Town Hall meeting on July 2 by one of the local funeral directors.

“The need of a separate Muslim burial ground is also supported by Reverend. Andy Atkins, who we understand is the recently appointed Vicar for the region.

“Nationally, Muslim cemeteries are present in almost all other regions of the country. We have been personally guided by the Ministry of Justice appointed Chairperson of the National Faith Representatives for Muslims, Mr Mohamed Omer MBE. He is also the Chairperson of the National Burial Council (an umbrella body for all Muslim Community dealing with burials and deaths) and a Member of the Burial Cremation Advisory Group at the Ministry of Justice, representing the Muslim Community. Mr Omer is also the co- founder of Gardens of Peace, one of the first Muslim cemeteries in London.”

They added: “It was accepted that a part of the site, separate from the Muslim burial area, could be allotted for the burial of those outside of the Muslim faith. This is conditional to acceptance of Gardens of Mercy’s burial guidelines and appropriate financial contribution towards the maintenance cost.

“Several changes were made to our proposal due to feedback received from the community consultations. These include: A more natural green creation of the parking area and pathways, the size of the retention pond/lake extended to help reduce flood risk.

“Neighbouring farmers can continue to use the land for grazing and hay. If planning permission is granted, we will also consider letting out part of the land to neighbouring farmers to use for horticulture or arable crops.

“The proposed site lies in a rural area at with current access to the site from South Hill Road. There appear to be no regular public transport to South Hill Road and the closest bus stops are at Kelly Bray and Callington.

“This leaves a further 15 minutes’ walk to the site. Further travel, for example from the city of Plymouth to Kelly Bray Post Office takes approximately 54 minutes and so public transport could be a viable sustainable travel option to encourage walking.

“Group car transport will also be encouraged for those attending burials or mourners who are visiting their deceased family or relatives. Measures to reduce single occupancy in cars and shared vehicles will be promoted on the GoM website and shared literature as part of the burial information pack to reduce carbon footprint.

“A green parking area for vehicles and bicycle stand shall incorporate a green infrastructure as will the onsite new pathways.”

The Environment Agency said in its consultation response that it objected to the proposals. It said: “We object to this proposal on grounds that insufficient information has been submitted to demonstrate that the burial of human remains in this location would not pose an unacceptable risk of pollution of groundwater. The reasons for this position are set out.

“We have reviewed the 'Preliminary Site Risk Assessment - Tier 1 - Land At:South Hill Road, Maders, Callington, Cornwall, Pl17 7ll' - Asi, 31/07/2024. However, no information has been submitted to ascertain whether the proposed development meets the exemption conditions, meets the conditions for a standard rules permit or will require a bespoke permit (in this case a groundwater risk assessment must be provided with the planning application).

“We recommend that the applicant obtains information on the locations of private (unlicensed) water supplies from Cornwall Council to help in their assessment.

“The provision of this information will provide us with a greater degree of confidence that it will be possible to suitably manage the risks posed to groundwater resources by this development.”

Among the multiple objections was one written by EJFP Planning on behalf of a group of residents. Ed Persse of EJFP Planning, on behalf of the residents told Cornwall Council: “I have been instructed by a group of local residents to make a formal objection to the above planning application.

“At the outset of this letter, I would like to raise concerns regarding the level of information that has been submitted in support of the application. Given the absence of these documents, I am of the view that you, as a case officer, are unable to make an informed decision in relation to this planning application.

“The primary concerns relate to the lack of evidence regarding the need for the burial site in this location, the lack of information regarding the groundwater and the potential impact on the existing hydrology of the site and the lack of a cogent business plan. Additionally, there are other concerns regarding the location of the site and the associated implications.”

After listing several reasons for objection, Mr Persse concluded: “Devon and Cornwall have a combined population of 1.78 million people, of which just over 6000 are Muslims, according to the latest ONS data. This figure alone demonstrates that there is no justification for the proposed development.

“The proposed development is unacceptable and inappropriate in the proposed location. Consequently, the proposal is considered to be contrary to Local Plan Policies. As such the Council is urged to refuse the application.”

The plans can be viewed using the reference PA24/06942 on the Cornwall Council planning portal.

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