PA23/08617: The owners of a holiday lodge park on land which was once home to the popular Dobwalls Adventure Park have submitted an application for an increase in the number of lodges on the site.

The application has been made by Charteroak, the owners and operators of the holiday site, stating their plans for the “extension of existing lodge park to add further lodges and pods, all within a substantial native landscape infrastructure with associated road network, pathways, drainage and electrical provision. Redevelopment of an existing building to form a new reception/cafe facility with reception car park, amenity space and play area - without compliance with conditions 1 and 8 of decision notice PA18/06811 dated 19/12/2018”

The application is made under Section 73 of the Town and Country Planning Act.

In a supporting statement sent as part of the application to Cornwall Council, the agent for the owner said: “In July 2016, application reference PA15/11939 approved ‘a further 50 lodges and 5 pods’ with associated works and this permission was implemented. Condition 9 of the permission limited the maximum number of static units to 70.

“PA23/05254 dated 26 September 2023 agreed a non-material amendment of the description on PA15/11939 to remove the reference to unit numbers. This was necessary to overcome the issue addressed by the Court of Appeal in Finney-v-Welsh Ministers and others (2019) in that the description of development cannot be amended by an application under S73.

“PA15/11939 is now described as ‘Extension of existing lodge park to add further, lodges and pods, all within a substantial native landscape infrastructure with associated road network, pathways, drainage and electrical provision. Redevelopment of an existing building to form a new reception/cafe facility with reception car park, amenity space and play area’.

“PA18/06811 approved minor variations to PA15/11939 and the decision notice dated 19 December 2018 describes the development as ‘Application for the removal/variation of condition 2 (development to be carried out in accordance with approved plans) of decision notice PA15/11939 dated 29/07/02017. Minor Material amendment to include introduction of water feature in Phase 2 with additional planting. Resiting of entrance to Phase 2 site allowing retention of hedgerow’.

“PA18/06811 refers to the original permission and did not alter the extent of the approved site, the overall unit numbers and layout or the substantive nature of the earlier permission. This permission was implemented and is the substantive permission controlling development on the site. Condition 8 reads: The site shall be used only for the siting of a maximum of 70 static holiday units. No further caravans including, pods or lodges shall be stationed thereon.

“Reason: To enable the Local Planning Authority to maintain proper control of the development in accordance with policy on caravan sites and to protect the visual amenities of the area and in accordance with Policies 12 and 23 of the Cornwall Local Plan 2010-2030 adopted 2016.

“Planning Practice Guidance (PPG) within the section titled ‘Flexible options for planning permission’ allows for the variation of any condition listing approved plans by virtue of Section 73 of the Planning Act.

“This is described as a minor material amendment. There is no statutory definition of a ‘minor material amendment’ but it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved.

“This Statement presents the case for variation of Condition 8 to permit the siting of 87 static caravans in accordance with the stipulations of the caravan site licence conditions and other relevant planning conditions attached to PA18/06811. S73 is the appropriate mechanism for this amendment as it does not amount to a fundamental alteration of the proposal put forward in the original application.

“PA18/06811 was accompanied by illustrative site layout and landscape plans which made best use of the site area without prior knowledge of the actual size of the units and their final siting. The approved layout uses all the available land apart from that set aside for landscaping and infrastructure.

“This application is accompanied by an illustrative layout showing the proposed units contained within the same areas and the applicant is aware that the landscaping must be maintained. Condition 4 on PA18/06811 specifying the external colours of the units also remains applicable.”

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