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 CONTROVERSIAL retrospective application seeking permission to change the use of a former car garage into a bus depot has been withdrawn by the applicant.

Stagecoach South West had been seeking Cornwall Council’s consent for the use of the rear of the former Cummings petrol station and showroom on Priory Road in the town as its base for its bus services in the area.

The application had been met with objections from Bodmin Town Council, residents of the adjacent Gilberts Road housing estate and it was also revealed as part of the planning application that it had been the subject of a noise abatement order.

No reason is typically given for a withdrawal, sometimes it is the case that it is to amend a proposal, however, it comes weeks after the council’s own Public Protection Noise and Odour Planning Consultation team stated its view that the site was not appropriate for the proposed used.

They stated: “This application would be to seek to permit the continued use of the site that is having an impact that is detrimental to the nearby neighbouring properties by way of noise and nuisance including very early in the mornings. The noise report makes assumptions on the basis of the acoustic fence being five metres tall, however this is a three metre high fence. Environmental Health are in receipt of a number of complaints from properties on two different sides of the premises. Our investigation has identified that the noise has not been adequately controlled even following the introduction of the acoustic fence.

“It was our opinion that the noise from the premises was unreasonably affecting neighbouring properties to the extent that they were causing a statutory nuisance under section 79 of the Environmental Protection Act 1990 and a noise abatement notice was issued on Stagecoach following an investigation. During this investigation noise monitoring equipment was used in conjunction with a very early morning visit. This did not confirm the conclusion reached in the applicant's acoustic report as it was causing an unreasonable disturbance to neighbours on a regular basis including impacts on sleep, which potentially could have health implications.

“As such it is our opinion that this is not the correct location for such business operations and a continued use would give rise to continued justified complaints and unreasonable impacts on neighbouring properties.”

The paperwork confirming the withdrawal of the application simply states: “Cornwall Council hereby confirms that the above mentioned application has been withdrawn.”

AN application seeking the construction of nine dwellings on land to the west of Upton Cross School, Upton Cross, Liskeard has been refused by Cornwall Council.

The nine dwellings would have been an affordable led scheme, using the rural exceptions rule where developments in areas which ordinarily would not get permission may be considered if the entire development is designated as for affordable tenures.

In its submissions, the applicant told Cornwall Council that the proposed development would be on a site that is presently underutilised and therefore could be put to a more efficient use through the development of affordable dwellings with associated amenity space.

It argued that the affordable led nature of the scheme would offer significant benefits in the locality which would help address a local need for affordable housing amid a housing crisis.

Cornwall Council told the applicant: “The proposed development, by reason of its siting within the Cornwall National Landscape, its physical and visual detachment from the built form of Upton Cross, and the absence of any landscape-led comparative assessment of alternative sites, would result in harm to the character, appearance and natural beauty of the designated landscape. The development would appear as an intrusive extension of built form into the moorland fringe, adversely affecting key views from elevated moorland locations and eroding the rural setting that contributes positively to the Cornwall National Landscape.”

CORNWALL Council have refused an application seeking the change of use of a detached outbuilding as an unrestricted dwelling.

The application, which was made by Mr and Mrs Thurston concerned land to the west of Hartswell Farm, Herodsfoot, PL14 4QX.

In documents accompanying the refusal, it was stated that the building was constructed without consent in approximately 2016. Planning was granted in 2018 subject to a condition that the building was only allowed to be used for uses incidental to the host dwelling, prohibiting its use for accommodation.

It was further confirmed in the planning statement that between 2020 and 2024, for short periods of time the building was used as an unauthorised holiday let.

Refusing the application, Cornwall Council said: “The proposed development represents the creation of a new unrestricted dwelling in an isolated countryside location, where residential development is restricted to only special circumstances.

“The building has not been in use for its lawful purpose for a period of at least 10 years, having been used unlawfully for holiday use between 2020 and 2024.

“The scheme therefore fails to meet the criteria for the reuse of buildings in the countryside as required by Policy 7 of the Cornwall Local Plan.

“Moreover, the site is divorced from any settlement offering a notable range of services or facilities, is accessed via single track country lanes without street lighting or pavements, and it is not served by a meaningful range of sustainable transport options, resulting in an unsustainable location for residential development where occupants would be reliant on private car use.

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“Finally, the development would not result in an enhancement to the immediate rural setting and would introduce additional domestication and associated impacts.”