AN application for permitted development for the replacement of a gate on a residential property in St Austell has been refused by Cornwall Council.

The application by Miss Young concerned a property on Stannary Road, Stenalees, St Austell, and sought a lawful development certificate for a proposed replacement gate.

The previous one of a wooden construction had been damaged.

However, the council refused it as in their view it was exceeds one metre above ground level meaning the replacement would require planning permission.

Refusing the application, Cornwall Council’s planning department told the applicant: “The proposed development is not considered to constitute permitted development as the proposed works do not comply with the limitations of Class A, Part 2, Schedule 2, of The Town and Country Planning (General Permitted development) (England) Order 2015 (as amended).

“In particular the proposal fails criteria A.1(a)(ii) of Class A, Part 2 of this Schedule and Order, this is because: A.1(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed - (ii) in any other case, one metre above ground level;

“Therefore an application for planning permission is required and the lawful development certificate is not granted.”