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.
Dwelling refused due to proximity to tramway
PROPOSALS for the construction of a self-build agricultural dwelling and garage near to a historic former tramway has been refused by Cornwall Council.
The application concerns Land North of Rosena Lodge, Darite, which is near to the former route of the Liskeard and Caradon Railway, which was opened as a tramway in 1844 to connect the Caradon copper mines with Looe.
The applicant was seeking planning permission to construct the building for the use of his daughter to use as a shepherdess on the land.
They added the justification, with their planning agent stating: “The applicant wishes to engage his daughter as a Shepherdess, living and working from an agricultural dwelling, the subject of this application.
“Siting of the dwelling is to ensure that the welfare and safety of livestock on this area of the moor is easily maintained by the Shepherdess thereby greatly reducing the workload currently experienced by James Bolitho (the applicant).
“The current ever increasing rural crime particularly agricultural large and small machinery theft and livestock rustling is alarming! Obviously unattended sections of the moor for any long periods, makes it ideal prey for sheep, lamb, cattle theft etc! therefore having a shepherdess known and living on this section of moorland, looking after the welfare and safety of her father's livestock would at least act as a deterrent to would be theft in this area.”
Their application was supported by their local council, with St Cleer Parish Council stating: “St Cleer Parish council would like to comment in support of this application, with the added comment that if they use big track vehicles they should go on loaders to protect highways.”
Strong objections were raised by the Cornish Mining World Heritage Site Office who said: “The former mineral railway is one of the seven key attributes that expresses the Outstanding Universal Value (OUV) of the WHS. The application site forms the immediate rural setting to the mineral railway, with this rural setting being unchanged as can be ascertained via a historic map regression, with its undeveloped character persisting over all these years into the present day.
“The rural landscape character very much helps to define this attribute type in that it enables for what is essentially a man-made linear historic industrial feature to stand in contrast to the more pastoral landscape. The intervention into the landscape becomes less well defined when that landscape character is altered through development, becoming less legible and more often than not mistaken simply as a ditch or pathway.
This raises the importance of preserving the landscape setting to such attribute types so that they can be readily identified as a relict industrial intervention in the landscape. The WHS Office is concerned that the proposed development of the application site will erode what remains as a very rural setting to the former mineral railway that has persisted here for a very long time, introducing levels of domesticity into the field setting to the former railway that will permanently alter the historic landscape character here.
The WHS Office is concerned that the proposed alteration to create a residential development does not conserve or enhance the rural landscape setting to the WHS attribute here and that whilst landscaping and design may help mitigate some of these impacts, such harm should be avoided in the first instance, before consideration is given to allowing for harmful development to take place in the setting to the WHS as a designated heritage asset of the highest significance.
“The WHS Office does not object to the principle of a dwelling, if the functional and financial tests are considered satisfied by the LPA. The WHS Office merely wishes to see any justified dwelling located within a less sensitive part of the agricultural holding away from the WHS key attributes that exist in this locality.”
In refusing the application, Cornwall Council told the applicant: “The application site lies within the open countryside, divorced from the nearest settlement of Darite.
“It is not considered that adequate evidence has been provided to demonstrate that there is an essential need of the business for an additional agricultural worker dwelling within the holding, nor that there is an essential need for the occupier to live in this specific location.
“The location of the site is otherwise unsustainable for residential development due to its rural location and lack of accessibility to services and facilities by means of walking, cycling and public transport.
“The site is located within the Caradon Mining District World Heritage Site and within close proximity to the historically significant extant former Liskeard and Caradon Railway, representing a key attribute of the WHS. The proposed development would diminish the contrast of the undeveloped rural landscape against the railway, making it less legible as a historic feature which is critical to the understanding and preservation of the railway's industrial heritage. It is considered that the development would result in less than substantial harm to the authenticity and integrity of the outstanding universal value of the World Heritage Site, albeit this harm would not be outweighed by public benefit. Furthermore, by means of the isolated rural location of the site, the proposed development would contribute towards the erosion of the intrinsic value of the countryside setting, failing to maintain the distinctive landscape qualities of the Area of Great Landscape Value.”
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