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.
Change of use of rural building refused
A retrospective change of use application for part of a rural building to be used as a dwelling has been refused by Cornwall Council.
This type of application refers to an application made after the use has already begun, in this instance since December 2021 and concerns The Stables, Gooseford Farm, St Dominick, Saltash.
The structure in question had originally been granted planning permission in 1995 to be used as a hay barn and changed to facilitate residential use.
St Dominick Parish Council said it objected, adding: “St Dominick Parish Council objects to this development, as it creates a new dwelling in the open countryside, which is against planning policy.
“As the application is retrospective, we are unable to compare the previously existing structure with the built structure in place now, and comment on any elements, including any landscaping.”
An objection from two neighbouring residents stated that the site also contained a holiday let, which they described as ‘unsightly’.
An accompanying planning officers reported noted that the shepherds hut referred to will be referred to planning enforcement for their attention, adding that: “The adopted policy documents clearly state that the conversion of portal framed agricultural buildings will rarely be acceptable.”
Refusing the application, Cornwall Council told the applicant: “The existing building to which this application relates is not considered to be appropriate to retain. The introduction of a residential use on the site combined with garden/amenity areas and associated domestic paraphernalia has not led to an enhancement of the immediate setting which is rural in character. In the absence of any special circumstances to justify it, the proposal represents an unsustainable and harmful form of residential development in the countryside and without any other material considerations which outweigh such harm, the proposal is contrary to policies of the Cornwall Local Plan Strategic Policies 2010 - 2030 (adopted November 2016), National Planning Policy Framework (2023) and policies of the Climate Emergency Development Plan Document.
Dwelling near sewage works not likely to be supported
PROPOSALS for a dwelling on land to the south east of a sewage treatment works near Bodmin is not considered to be likely to win approval, despite being on the opposite side to a proposed ‘urban extension’.
That’s the verdict of a Cornwall Council planning department response to a pre-application planning request.
Mrs Sarah Gill submitted the planning request for land known as Winstons Field, Stoney Lane, Nanstallon, Bodmin.
She was seeking advice on the possibility that a proposal for a dwelling next to stables would be likely to win approval if it went to a full planning application.
However, in response, Cornwall Council’s planning department said it was unlikely and gave a list of reasons why.
They told Mrs Gill: “While it is noted that site allocation Bd-UE3 St Lawrence's Urban Extension is located on the opposite side of the Bodmin and Wenford railway this allocation has not yet been brought forward and therefore carries little weight.
“In any event the railway line forms a natural barrier and edge to the future planned growth of Bodmin and as such it is considered that even after this allocation is built out, the site would remain located within open countryside. As discussed during the Teams meeting the presence of the Nanstallon Sewage Treatment Works and cluster of buildings at Pendewey farm do not change the view that the site is in open countryside and that it would remain so should the St Lawrences urban extension be completed.
“From the information provided the proposal is for an open market dwelling and does not accord with any of the above circumstances and as such would not be supported under Policy 7. Similarly, the proposal has not been presented as a rural exception scheme under Policy 9 and due to its location divorced from the existing settlement would not in any case be considered as 'well related' to the physical form of the settlement.
“Policy 21 supports sustainably located proposals that use previously developed land and buildings and/ or where the increase in building density is appropriate, taking into account the character of the surrounding area and access to services and facilities to ensure an efficient use of land.
“The site is undeveloped land and is not sustainably located, with the nearest bus stops located approximately 700m away and accessed for the most part via an unlit narrow road bounded by steep banks. As such the proposal the proposal does not receive support under this policy. In summary, due to the site's open countryside location the principle of a single open market dwelling at the site is not supported by the development plan.
“The site is also located within close proximity to the Bodmin and Wenford railway and the Nanstallon Sewage Treatment Works. These existing features have the potential to impact the amenity of future occupiers through noise/ odour contrary to Policies 12 and 16 of the Cornwall Local Plan Strategic Policies 2010-2030.
“The site is also partially located in an area of potentially contaminated land. Should a planning application be submitted then Noise, Odour and a Phase 1 Land Contamination Assessment(s) would need to be submitted to demonstrate that any impacts could be satisfactorily mitigated.
“It will be essential to discuss your proposal with the Local Council for the area (Bodmin Town Council) and / or the Divisional Member to gauge their opinion on your proposals. You may also wish to consider discussing your proposal with any neighbours and/ or the wider local community.
“In summary, the principle of the development of this parcel of land for residential use would be contrary to the spatial policies set out in the development plan. Additionally, due to the site's location within the River Camel SAC catchment area a positive outcome for any future application would not be possible unless the development is shown to be nutrient neutral. As such, it is not considered that Officer support would be forthcoming should a planning application be submitted.”
Keep up to date with the latest planning applications and other statutory notices (such as alcohol licensing and probates) that affect where you live by visiting our online Public Notice Portal – be the first to know by visiting www.publicnoticeportal.uk/cornish-times-series.