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.
Council refuse Bodmin Moor water slide
PROPOSALS for a water slide attraction on land near Cardinham has been refused by Cornwall Council.
Mr James Lance applied to the local authority for permission for the change of use of the land in order to install a large water slide on land to the south of Park Farm, Ladder Lane, Cardinham.
He proposed that the slide attraction would operate for 70 days a year, particularly on bank holidays and school holiday times during the week, and on other weekends between May and September.
The site has previously been the subject of enforcement action by the council amid alleged use without prior planning permission, although the case was closed when the planning application was received.
In the planning application, the agent for the applicant told the council’s planners: “The application site is a rectangular shaped field located immediately south of Park Farm and the neighbouring campsite (Gwel-an-Nans).
“The site is amongst a collection of leisure facilities and attractions around the southeastern edge of Bodmin (a main settlement as per the Cornwall Local Plan (CLP)). Bodmin is a sizeable settlement with a wide range of services and facilities and very good access to public transport.
“The proposed business relates to the provision of a tourist attraction in the form of an (inflatable) water slide sited on the land for a temporary period of up to 70 days per calendar year. The business will mainly operate from the first May bank holiday (3-day weekend), then the school half term week and the second May bank holiday.”
The proposals were met with a number of objections from residents, with 20 objections lodged on the Cornwall Council planning portal, while eight were in support of the proposals.
Cardinham Parish Council objected to the proposals, stating: “The Cardinham Parish Council objects to this application again. The application has been revised and is now for a temporary change of use for 3 years only, with the rest of the application remaining the same as before ie the siting of a water slide attraction for up to 70 days (operational period) annually. The Parish Council is objecting on the same grounds as before, as shown in our objection put forward in September.”
Refusing the application, Cornwall Council’s planning department told the applicant: “The proposed water slide attraction is in an unsuitable location which is heavily reliant on a private vehicle and is not accessible by a range of transport modes and fails to protect landscape character.
“The benefits to the tourist economy from the scheme do not outweigh the harm caused through the unsustainability of the location together with the adverse impact upon the rural character and appearance of the area which is within an Area of Great Landscape Value through the introduction of an incongruous man-made structure and erosion of the tranquillity of the landscape. Consequently, the development does not amount to sustainable development.”
Giving a secondary reason, the planning department added: “In the absence of a suitable noise assessment to assess the impact of the proposed water slide attraction on the residential properties and campsite business to the north west of the application site, the proposal is not considered acceptable. Taking a precautionary approach, and without the appropriate assessment to prove otherwise, it would be deemed that the introduction of this tourist facility would cause significant noise harm to neighbouring properties which would be considered unacceptable.”
Permission granted for caravan
AN application seeking the certificate of lawfulness for the existing use of a caravan for human habitation within an agricultural building near Dobwalls has been granted by Cornwall Council.
Mr and Mrs Allan sought to prove that they had been using the caravan for more than ten years at the site in order to be able to gain the certificate of lawfulness.
They told Cornwall Council: “The site in question measures an area of 1372m2 and features a barn and caravan that have been utilised as a principal residence for a continuous period of 15 yrs The barn originally received prior approval notification from the local planning authority in 2005 and was subsequently constructed in the proceeding year.
“A caravan was placed within the barn on shortly after and occupied by Mr & Mrs Allan who have utilised the development as their principal residence to this day. More recently the retention of a farm shop and cafe incorporating outside minty space and children’s play area was granted by the local authority which provides a valuable asset to the local community and economy.”
Dobwalls Parish Council wasn’t in favour, telling Cornwall Council in response to the public consultation: “The Parish Council object to the Lawful Development Certificate for Existing Use, to regularise the use of land and barn for human habitation as a person's sole or principal residence.”
In granting the certificate of lawfulness, the planning authority concluded: “Evidence has been produced to show that the caravan has been occupied since, with Council Tax paid since 2009/10 well over the 10 years period for immunity. Local Authority correspondence, together with further evidence supplied with this application, supports the claimed C3 use of the caravan.
“It is concluded that the information submitted is sufficiently precise and unambiguous to justify the grant of a certificate, on the balance of probability, for the C3 use of the caravan known as North Penhale.”
• 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