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.

A BID by a developer, which has constructed a housing estate in Bodmin, to be relieved of its obligations to complete a foot and cycleway to an adjoining development has been refused by Cornwall Council.

Pearce Fine Homes Limited, which has built a housing development on land to the west of Cooksland Road, Bodmin, said that it was unable to undertake the works, which were a planning condition which granted consent for their development as they ‘cannot provide the physical linkage’.

They added that ‘despite numerous attempts to engage with the two third party landowners’, they were unable to build beyond the middle of a hedge.

In a letter covering the application for the change of We have been instructed by Pearce Fine Homes Limited to submit a variation of Condition application in respect of the above site. The application refers to condition three secondary access attached to the above reserved matters consent. That condition requires the completion of a footway/cycleway to the adjoining development.

“However, it has not been possible to complete this link due to land ownership constraints.

“As can be seen and despite numerous attempts to engage with the two third party landowners, the applicants have not or cannot provide a physical linkage – all they can do is construct the link to the middle of the hedge which sits within their ownership. At present they have refrained from doing the latter for aesthetics, damaging the hedge and preventing a hazardous misleading footway projecting into a hedge with a 1.5-metre drop on the other side. In the circumstances we would therefore request that the condition be varied as shown on the amended submitted layout play No. 3272-3-020. We trust that the amendment will be approved. If you require any additional information, please do not hesitate to contact us.”

Objections were raised by the council’s highways and public space teams.

An officer from the council’s highways development management (east) team, stated: “Following an assessment of the submitted plans and information, I have the highway comments below.

“Failure to deliver the link would lead to an isolated development without clear connectivity to the site to the south and vice versa, involving a tortuous route as an alternative to make the same journey.

“I advise that the application would go against the aims of the Local Plan and Transport Strategy in ensuring well connected, accessible and permeable development.”

The open spaces team also raised objections on the basis that the proposals did not accord with its own policies.

Refusing the application, Cornwall Council told the applicant: “The effect of the removal of the requirement to deliver a linkage to the south would adversely impact on non-motorised pedestrian and cycle movements.”

A CORNWALL Council planning committee has approved a retrospective application to allow a traveller to carry on living in a rural location he set up home at without permission. Councillors heard local concerns that the man may be running an unregulated scrap metal yard from the environmentally sensitive former quarry.

Mr C Gillbard made the partly retrospective application for the single Gypsy/traveller pitch at Bodardle on Tanhouse Road, Lostwithiel. He currently lives on the site where there’s a pole barn, single storey building and storage container. The applicant now has permission to add a mobile home and a touring caravan.

The planning application was only submitted after an enforcement notice was served on Mr Gillbard for unregulated development that has already taken place, with the use of the land changing from agricultural to residential without permission.

Despite the concerns of local councillor Sarah Preece and Lostwithiel Town Council that tyres, scrap metal and car parts have been dumped into the stream, leading to potential pollution and flooding, Cornwall Council’s planning department recommended approval partly due to a lack of Gypsy and traveller sites in the Duchy.

A planning report noted: “The site is located within an attractive valley setting and the development has been found to cause harm to this setting by reason of the incursion into the landscape. The site is well screened and the harm is localised to the immediate setting upon passing. As such, mild to moderate harm has been identified. The site has also undergone clearance prior to undertaking any ecological assessment and this has raised the possibility of harm to habitat.”

Cllr Michelle Nineham, of Lostwithiel Town Council, addressed Cornwall Council’s central area planning committee on Monday (November 17) stating that her council opposed the development of the old quarry because of its rural location within ancient Lostwithiel countryside, that it had not been designed to allow the applicant to live and work there, and because of the potential destruction of habitats in an area of great landscape value.

Members were given legal advice to park any concerns about enforcement action as that is not part of the planning committee’s remit. The meeting heard there was also a question mark over ownership of the land.

Cllr James Ball didn’t agree with deferral: “I don’t necessarily like retrospective applications – I don’t think many of us do – but I think with what we’ve got in front of us, I would be happy to propose approval as set out with conditions.”

A motion to approve was won by seven votes in favour and three against.