PA23/01704: A change of use of a property from holiday accommodation to a residential property in Saltash has been refused by Cornwall Council’s planning department. 

Mr Peter Newton applied for permission to change the use of the property at Horsepool Lodge, St Mellion, Saltash under the application ‘Change of use from holiday accommodation to residential property’. 

St Mellion Parish Council objected to the planning application, saying: “St. Mellion Parish Council reviewed this application at the ordinary meeting on the evening of 11th April 2023.

“Concerns were raised that there was no clarification within this application as to the reasons for the change of use, that the property could be purchased as a second home rather than lived in year round and that a precedent could be set for subsequent applications to construct holiday accommodation in the parish becoming subject to similar change of use applications.

“It was determined that this application does not contain sufficient justification for the change of use and that consequently, more information is required for an indication of support to be given at this time.”

In the officer’s report, a planning officer within the Cornwall Council team noted details of the application. They wrote: “This application refers to an existing holiday let located adjacent to St Mellion Estate; a golf course and holiday accommodation/hotel complex. 

“The site is comprised of the holiday let towards the north east of the site, an area of outdoor amenity space to the north west and off-road parking to the south west with vehicular access shared with the neighbouring property Horsepool Cottage to the south east. 

The application form indicates that change of use is sought to allow the existing holiday let to be used as a residential dwelling. Whilst the description of the proposal (as provided by the applicant) proposes a change of use from holiday accommodation to residential accommodation, the proposal would not represent a change of use on the basis that both holiday use and use as a dwelling fall within the same use class (c3) and therefore, the application has been considered by the LPA on the basis that the proposal is simply for the use of the property (occupation of which is currently restricted by planning condition) as a single dwelling.”

The planning report accompanying the refusal notice also noted the background of the property, adding: “Outline planning permission for the construction of a holiday let was granted under application E2/08/00481/OUT. Approval was granted by the planning committee, against officer recommendation, subject to a number of conditions. 

“A subsequent full application E2/08/02112/FUL was submitted and approved with conditions, condition 12 reads; ‘The development herby permitted shall be used for holiday accommodation only and for no other purpose including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any equivalent to the class in any statutory instrument revoking and re-enacting that order. 

“Reason: To prevent the establishment of a permanent residential use contrary to the planning standards and policies applicable to the area in accordance with Saved Policy HO7 of the Caradon Local Plan 1999 and Saved Policy 2 of the Cornwall Structure plan 2004.’”

The Council planners also raised doubts on whether it was not a viable business, adding: “Whilst the dwelling is over 10 years old, it was granted consent in 2008 on the basis that it would be used as a holiday let only to prevent use as a residential dwelling. The building is not historic. Acceptability in relation to this criteria therefore falls on whether the current use is redundant/disused and whether the proposal would lead to an enhancement to the immediate setting. Very little information has been submitted regarding the viability of the business, however the applicant has advised that ‘The property was never purchased to make vast amounts of rental money - as this comes with lots of associated wear / tear / people problems to deal with.’ 

“They also advise that following Covid, they decided they no longer wanted to let out the holiday unit, as such there are no relevant accounts to provide for recent years. As such, whilst it is understood that the building is not currently let out, this is due to the preference of the owner, rather than a lack of demand, it can therefore not be reasonably considered that the building is redundant or disused. 

“Furthermore, given the nature of what is proposed through this application, it is not considered the proposal will lead to an enhancement to the immediate setting. The building is already converted to provide residential use (albeit restricted to holiday use) and appears to be kept in good order.”

The report concluded by recommending that the proposal be refused. They said in the conclusion: “The existing use of Horsepool Lodge as a holiday let has potential to contribute to the local economy through tourism spending. The proposed use would result in the loss of such tourism spending, but that is likely to be replaced with the economic benefits associated with full time occupants supporting local services and facilities. 

“Therefore, economic impacts are likely to be neutral. The proposal would result in social benefits providing much needed new housing, however this is outweighed by the location of the site which is not sustainable and is therefore not considered to be suitable for the siting of an unrestricted residential dwelling. Considerable weight has also been given to the objection of the Parish Council. 

“On balance, the proposed use of the existing holiday let as a residential dwelling would result in an unrestricted residential dwelling within the open countryside, in an unsustainable location divorced from any established settlement. In the absence of details to suggest otherwise, it has not been demonstrated that the holiday let is not a viable business/there is no demand for the holiday let and therefore it is redundant/disused. 

“The scheme does not meet any of the special circumstances listed within Policy 7 of the Cornwall Local Plan and occupants would be predominantly reliant on private motor vehicles to access local services and facilities. 

“The proposed development would therefore fail to achieve the environmental objective of sustainable development. 

“The proposal conflicts with Policies 1, 2, 3, 7 and 21 of the Cornwall Local Plan Strategic Policies 2010 - 2030 (adopted November 2016), paragraphs 11, 79, 104, 105, 110(a) and 112(a) of the National Planning Policy Framework, and policies C1 and T1 of the Climate Emergency Development Plan Document 2023.”

In refusing the planning application, Cornwall Council told Mr Newton: “The proposed use of the existing holiday let as a residential dwelling would result in an unrestricted residential dwelling within the open countryside, in an unsustainable location divorced from any established settlement. In the absence of details to suggest otherwise, it has not been demonstrated that the holiday let is not a viable business/there is no demand for the holiday let and therefore that it is redundant/disused. 

“The scheme does not meet any of the special circumstances listed within Policy 7 of the Cornwall Local Plan and occupants would be predominantly reliant on private motor vehicles to access local services and facilities. The proposed development would therefore fail to achieve the environmental objective of sustainable development. 

“The proposal conflicts with Policies 1, 2, 3, 7 and 21 of the Cornwall Local Plan Strategic Policies 2010 - 2030 (adopted November 2016), paragraphs 11, 79, 104, 105, 110(a) and 112(a) of the National Planning Policy Framework, and policies C1 and T1 of the Climate Emergency Development Plan Document 2023.”

PA23/00848: An application for outline planning permission with some matters reserved for the construction of a dwelling in Luxulyan has been refused by Cornwall Council’s planning department.  

Mr and Mrs Mawson applied to the local authority for permission for the construction of a dwelling with some matters reserved, namely access only on land north of Damacris, Treskilling, Luxulyan.  

Luxulyan Parish Council objected, saying: “Luxulyan Parish Council OBJECTS to this application in the open countryside for all the reasons stated in the REFUSAL of PA18/04942. 

“PA18/04942 is on adjoining land which is similarly situated next to the road. The Refusal Notice begins, ‘The location of the proposed new dwelling is divorced from the built form of any identifiable settlement on land which is not previously developed land.’ This REFUSAL is supported by 12 distinct policies in the Local Plan and 10 distinct sections in the National Planning Policy Framework 2018. 

The Local Planning Authority concludes, ‘the issues are so fundamental that it is not possible to negotiate a satisfactory way forward due to the harm that has been clearly identified within the reason(s) for refusal.’ PA18/04942 was also REFUSED at Planning Committee.

“Furthermore, since the REFUSAL of PA18/04942, the parish has a Neighbourhood Development Plan and neither policy LH1 New Housing nor policy LH2 Rural Exceptions for Local People could support this application.

“Luxulyan Parish Council, therefore, strongly OBJECTS to PA23/00848.” 

There were also three objections from neighbours of Mr and Mrs Mawson, mostly raising concerns around drainage of the new property and the impact it might have on the hamlet if constructed.

Refusing the application, Cornwall Council told Mr and Mrs Mawson: “The application site is in the countryside, containing undeveloped land in a field detached from the nearby collection of homes at Treskilling. 

“The proposed introduction of a new home on this land would result in harm to the natural and distinctive character of the site and surrounding countryside. 

“By reason of its location, the proposed new home would also fail to encourage sustainable modes of travel, with future occupiers likely to be highly dependent on a private motor vehicle.  

“The application therefore, in the absence of any special justification is not sustainable development and is contrary to the aims and intentions of Policies 1, 2, 3, 7, 21 and 23 of the Cornwall Local Plan Strategic Policies 2010- 2030, Policy LH1 of the Luxulyan Neighbourhood Development Plan 2018-2030, Policies C1 (part 6) and T1 of the Cornwall Council Climate Emergency Development Plan Document February 2023 and paragraphs 80, 130, 152, 154 and 174 of the National Planning Policy Framework 2021.”