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Approved with conditions | PA18/03502 | Two storey extension. - Trungle Mill 32 Riverside Angarrack Hayle Cornwall TR27 5JD

 

 

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
Parish: Gwinear-Gwithian


DATED: 18 May 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ
Cornwall Council
Pydar House Pydar Street Truro Cornwall TR1 1XU
Email: planning@cornwall.gov.uk
Tel: 0300 1234151
Web: www.cornwall.gov.uk
Application number: PA18/03502
Agent:
Mr David Thomas
7 Belyars Court
St Ives
TR26 2BT

Applicant:
Dr And Mrs D Sugrue
Trungle Mill
32 Riverside
Angarrack
Hayle
Cornwall
TR27 5JD
Town And Country Planning Act 1990 (As Amended)
Town And Country Planning (Development Management Procedure) (England)
Order 2015
Grant of Conditional Planning Permission
CORNWALL COUNCIL, being the Local Planning Authority, HEREBY GRANTS
CONDITIONAL PERMISSION,
subject to the conditions set out on the attached
schedule, for the development proposed in the following application received
on 10 April 2018 and accompanying plan(s):
Description of Development: Two storey extension.
Location of Development: Trungle Mill
32 Riverside
Angarrack
Hayle
Cornwall
TR27 5JD

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/03502
DATED: 18 May 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ

CONDITIONS:

1 The development hereby permitted shall be begun before the expiration of 3
years from the date of this permission.
Reason: In accordance with the requirements of Section 91 of the Town and
Country Planning Act 1990 (as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004).

2 The development hereby permitted shall be carried out in accordance with the
plans listed below under the heading "Plans Referred to in Consideration of this
Application".
Reason: For the avoidance of doubt and in the interests of proper planning.

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/03502
DATED: 18 May 2018 Phil Mason
Service Director Planning and Sustainable Development
ACFULZ

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Site/location Plan 1 received 10/04/18
Existing 2 received 10/04/18
Existing 3 received 10/04/18
Proposed 4 received 10/04/18
Proposed 5 received 10/04/18

ANY ADDITIONAL INFORMATION:

• Cornwall Council advises that developers should be made aware of their
obligations regarding the public right of way, as follows:
- the applicants should ensure that they have private access rights to drive on the
public right of way;
- the surface/width of the bridleway should not be altered - prior consent would be
needed to do so;
- no building materials must be stored on the right of way;
- vehicle movements must be arranged so as not to interfere with the public's use
of the way;
- the safety of members of the public using the right of way must be ensured at
all times;
- no additional barriers (eg gates) are to be placed across the right of way;
- there must be no diminution in the width of the right of way available for use by
members of the public;
- no damage or alteration must be caused to the surface of the right of way; and
- wildlife mitigation fencing must not be placed across the right of way.

In dealing with this application, the local planning authority have worked with the
applicant/agent in a positive and proactive manner based on seeking solutions to
problems arising during the processing of this planning application in accordance with
the National Planning Policy Framework. Actions taken may include but are not limited
to:

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/03502
YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 18 May 2018 Phil Mason
Service Director Planning and Sustainable Development
IDOX/ACFULZ
Provision of pre-application advice through extensive guidance available on the Council's
website
Discussions/negotiations ongoing with LPA throughout determination of planning
application as necessary
Discussion regarding drafting of planning conditions as necessary
Dedicated phone number of the case officer for the applicant/agent
Close liaison with the Town and Parish Councils in accordance with the protocol

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/03502
COND
Planning and Sustainable Development Service
Cornwall Council
Pydar House Pydar Street Truro Cornwall TR1 1XU
planning@cornwall.gov.uk

NOTES
Appeals to the Secretary of State
If the applicant is aggrieved by the decision of the local planning authority to refuse permission for
the proposed development or to grant it subject to conditions, then they may appeal to the
Secretary of State under section 78 of the Town and Country Planning Act 1990. If you want to
appeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the date
of this notice in the case of householder appeals made in relation to applications submitted on or
after 6 April 2009). Appeals must be made to the Planning Inspectorate using a form which can be
obtained from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay,
Bristol BS1 6PN or online at
http://www.planningportal.co.uk . A copy of the completed appeal
form must also be submitted to the Council.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not
normally be prepared to use this power unless there are special circumstances which excuse the
delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to
him that the local planning authority could not have granted planning permission for the proposed
development or could not have granted it without the conditions they imposed, having regard to
the statutory requirements, to the provisions of any development order and to any directions given
under a development order.
In practice, the Secretary of State does not refuse to consider appeals solely because the local
planning authority based their decision on a direction given by him.
Purchase Notices
If either the local planning authority or the Secretary of State refuses permission to develop land or
grants it subject to conditions, the owner may claim that he can neither put the land to a
reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial
use by the carrying out of any development which has been or would be permitted.
In these circumstances, the owner may serve a purchase notice on Cornwall Council. This notice
will require the Council to purchase his interest in the land in accordance with the provisions of
Part VI of the Town and Country Planning Act 1990.
If this is a decision on a planning application relating to the same or substantially the same land
and development as is already the subject of an enforcement notice, if you want to appeal against
your local planning authority’s decision on your application, then you must do so within 28 days of
the date of this notice. If an enforcement notice is served relating to the same or substantially the
same land and development as in your application and if you want to appeal against your local
planning authority’s decision on your application, then you must do so within 28 days of the date of
service of the enforcement notice.

[http://planning.cornwall.gov.uk/online-applications/files/20D0EB70B51E47ACF179EABF6B407D2E/pdf/PA18_03502-ACFULZ_-_CONDITIONAL_APPROVAL-3800503.pdf]

via http://planning.cornwall.gov.uk/online-applications/applicationDetails.d...

 



Officers Delegated Report

Development Management
Planning and Sustainable Development
Service
OFFICER REPORT – DELEGATED
Application number: PA18/03502 Expiry date: 5 June 2018
Received on: 10 April 2018 Neighbour expiry date: 11 May 2018
UPRN: 100041215278 Consultation expiry date: 11 May 2018
Legal agreement: N Site notice posted:
Departure: N Site notice expiry:
Complies with Development Plan? Y
If not, ensure you cover in the report how
material considerations outweigh the plan?
Is this decision contrary to local council recommendation?

Applicant: Dr And Mrs D Sugrue
Site Address:Trungle Mill
32 Riverside
Angarrack
Hayle
Cornwall
TR27 5JD
Proposal: Two storey extension.
Application Type: Full application

Consultee representations:
Gwinear Gwithian Parish Council ( 15 May 2018)
“No objection”
Constraints and designations:
Designated Rural Areas Housing Order 1981: Designated rural areas
Neighbourhood Development Plans Name: Gwinear-Gwithian. Status: Adopted.
Date Made:
Parish Name: Gwinear-Gwithian
Public Right of Way 10m Buffer Route Code: 101/20/1. Category: Gold
River Bank Top Buffer River Bank Top Buffer Source: OS Mastemap, buffered to
20m

Page 2 of 5
Relevant policies, SPGs and Government guidance:
Cornwall Council - Domestic alterations and extensions to existing dwellings
Cornwall Local Plan Strategic Policies 2010 - 2030 Adopted 22nd November 2016
Policy 1 - Presumption in favour of sustainable development
Policy 12 - Design
Policy 13 - Development standards
Gwinear-Gwithian Council Neighbourhood Plan is adopted September 2017.
National Planning Policy Framework
Paragraph 9: Design
Paragraph 11: Development Plan
Paragraph 14: Presumption in favour of sustainable development
Paragraph 17: Design, residential amenity, countryside and conservation
Paragraph 55-56: Design
Planning Practice Guidance
Cornwall Design Guide 2013
Appraisal/key issues and conclusion:
Description
The existing property is a two storey detached dwelling situated in the rural area of
Angarrack. The surrounding area comprises one neighbouring dwelling and open
countryside.
The proposed development comprises removal of a single storey conservatory and
replacement with a two storey side extension to the dwelling. The walls are to be
finished in part granite and part white render, the roof will be covered with natural
grey tiles and the windows and doors white upvc framed glazing. These materials will
match and complement the existing dwelling.
Relevant Planning Constraints - None
Relevant Planning Applications - None
It is not considered necessary to carry out a site visit in order to satisfactorily assess
this application this is because the application form, plans, planning history and
Google Maps imagery confirm the proposal creates no overlooking or impact to
neighbours.
Ownership certificate ok? Y
Legal agreement? N
Is design in keeping? Y
Any significant overlooking issues? N
Any significant loss of light issues? N
Any impact on protected trees? N
Page 3 of 5
Any relevant history? N
If in a conservation area, will the development preserve or enhance? N/A
If a listed building, will the development preserve or enhance? N/A
Any harm impact on public right of way or setting? N
Public representations? If yes, see Public Access (web) N
Any identified significant adverse effects on protected species? N
Balance of Considerations:
Visual Impact
The proposed two storey side extension, by virtue of its form, design and having
finishes of part granite rendered walls, slate roof and white upvc windows and doors
matching the host dwelling will preserve and enhance the character of the existing
dwelling and the visual amenities and landscape character of the surrounding area.
Residential Impact
Although the proposed development would result in some loss of amenity to the
occupiers of the nearest neighbouring dwellings as a result of overlooking it is not
considered that the impact would, on balance, be so significant as to justify refusal of
permission. This is because the adjacent dwelling the 'Old Mill' a former holiday unit is
in the same ownership as trungle Mill. It is not considered that the extension is
overbearing or overshadowing to the 'Old Mill'.

Public Right of Way

There is a public footpath nearby an informative is added which advises the footpath
should be kept clear during construction.
Response to objections:
Gwinear- Gwithian Parish Council have no objection to the proposal.

Conclusion

The proposal has been approved because it is considered that the development
proposal accords with the said policies and there are no other overriding material
considerations, which justify refusing planning permission. Taking these factors into
account, on balance it is considered that the proposal is acceptable, subject to
conditions. All other matters raised have been taken into account, including the
planning history and the comments of the Local Council, but none is of such
significance as to outweigh the considerations that have led to the conclusion.
Recommendation:
AC
That this application be approved, subject to the following condition(s).

Page 4 of 5

Conditions

1 The development hereby permitted shall be begun before the expiration of 3
years from the date of this permission.
Reason: In accordance with the requirements of Section 91 of the Town and
Country Planning Act 1990 (as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004).
2 The development hereby permitted shall be carried out in accordance with the
plans listed below under the heading "Plans Referred to in Consideration of this
Application".
Reason: For the avoidance of doubt and in the interests of proper planning.
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Site/location Plan 1 received 10/04/18
Existing 2 received 10/04/18
Existing 3 received 10/04/18
Proposed 4 received 10/04/18
Proposed 5 received 10/04/18
ANY ADDITIONAL INFORMATION:
• Cornwall Council advises that developers should be made aware of their
obligations regarding the public right of way, as follows:
- the applicants should ensure that they have private access rights to drive on
the public right of way;
- the surface/width of the bridleway should not be altered - prior consent would
be needed to do so;
- no building materials must be stored on the right of way;
- vehicle movements must be arranged so as not to interfere with the public's
use of the way;
- the safety of members of the public using the right of way must be ensured at
all times;
- no additional barriers (eg gates) are to be placed across the right of way;
- there must be no diminution in the width of the right of way available for use
by members of the public;
- no damage or alteration must be caused to the surface of the right of way;
and
- wildlife mitigation fencing must not be placed across the right of way.
Page 5 of 5
Copies of decision notices and documents associated with the decision making
process, where relevant, for the above applications can be found in the Council’s online planning register using the following link and by entering the reference of the
application you are interested in.
Link: http://planning.cornwall.gov.uk/online-applications/

[ http://planning.cornwall.gov.uk/online-applications/files/20D0EB70B51E47ACF179EABF6B407D2E/pdf/PA18_03502-ACFULZ_-_CONDITIONAL_APPROVAL-3800503.pdf]

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