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Refusal | PA15/01953 | Construction of a pair of semi-detached dwellings - 12 Back Lane Angarrack Hayle Cornwall TR27 5JE

Decision:

Construction of a pair of semi-detached dwellings - 12 Back Lane Angarrack Hayle Cornwall TR27 5JE

Ref. No: PA15/01953 | Received date: Fri 27 Feb 2015 | Status: Refusal | Case Type: Application

Cornwall Council

Dolcoath Avenue Camborne Cornwall TR14 8SX

Email: planning@cornwall.gov.uk
Tel:
0300 1234151
Web: www.cornwall.gov.uk

Application number: PA15/01953
Agent:
M And A Associates
M And A Associates
Studio 8
Treglisson
Wheal Alfred Road
Hayle
TR27 5JT

Applicant:
Messrs Davies And Palmer
7 Henver Gradens
Reawla
Hayle
Cornwall
TR27 5LN

Town And Country Planning Act 1990 (as amended) Town And Country Planning (Development Management Procedure) (England) Order 2015

Notice of Refusal of Planning Permission

CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES
PERMISSION, for the development proposed in the following application received
on 27 February 2015 and accompanying plan(s), for the reasons set out on the attached
schedule:
Description of Development:     Construction of a pair of semi-detached dwellings

Location of Development:

12 Back Lane
Angarrack
Hayle
Cornwall
TR27 5JE

Parish:    Hayle

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

DATED: 22 May 2015
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/01953

REASONS:
1

The applicant has not submitted a Heritage Impact Statement that
describes/assesses the significance of the adjacent grade II listed railway viaduct
and as such it is not considered that it has been adequately demonstrated that
the scheme would not have a harmful and substantial impact on the significance
of that structure. The development therefore fails to accord with paragraphs 128,
129, 131, 132, 133 and 134 of the National Planning Policy Framework and with
section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990
which places a duty on the LPA to have special regard to the desirability of
preserving the building or its setting or any features of special architectural or
historic interest which it possesses.

2

The development would, as a consequence of its siting, layout, scale and bulk,
have an unacceptable overbearing impact on the neighbouring properties to the
west and south-west of the site to the detriment of the residential amenities
which the occupiers of those properties might reasonably expect to enjoy. The
proposal therefore conflicts with policy H-2 of the Penwith Local Plan 2004 which
clarifies that development will not be permitted where it would have an adverse
effect on the amenity of the area and with guidance in paragraphs 9, 17, 53, 56,
61 and 64 of the National Planning Policy Framework which indicate that new
development should not cause harm to the amenities of an area.

3

The proposed development, by reason of its design, bulk and appearance, would
clearly be out of character with the existing traditional setting and would not
promote continuity with the existing built form. The development site is
prominent in the public domain and the scheme would represent an incongruous
intrusion that would appear discordant to in the street scene. By virtue of its
poor integration with the existing built environment, the development would
cause unacceptable and material harm to the visual amenities of the surrounding
area and therefore raises direct conflict with Government advice contained in
paragraphs 17, 56, 60, 61 and 64 in the National Planning Policy Framework
(NPPF) 2012 and policies TV-1, H-2, GD-1 and GD-2 of the Penwith Local Plan
(2004)

DATED: 22 May 2015
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/01953

RELEVANT PLANNING POLICIES:
Under section 38(6) of the Planning and Compulsory Purchase Act 2004 decisions
on applications for planning permission and appeals must be taken in accordance
with the development plan, unless there are material considerations that indicate
otherwise.
The National Planning Policy Framework stresses the importance of having a
planning system that is genuinely plan-led. Where a proposal accords with an upto-date development plan it should be approved without delay, as required by the
presumption in favour of sustainable development at paragraph 14 of the National
Planning Policy Framework. Where the development plan is absent, silent or the
relevant policies are out of date, paragraph 14 of the National Planning Policy
Framework requires the application to be determined in accordance with the
presumption in favour of sustainable development unless otherwise specified.
In Cornwall the development plan comprises the 'saved' policies from the adopted
Local Plans which include minerals and waste Local Plans, and the Balancing
Housing Markets Development Plan Document in the former Carrick area.
The policies in the emerging Cornwall Local Plan are not part of the development
plan and have limited weight because of the stage that the Local Plan has reached
in the adoption process but the policy and explanatory text does give a clear
indication of the Council's direction of travel. This Local Plan has been developed
from an up to date evidence base. Cornwall Council (14/1/14) resolved to amend
the draft local plan and carry out a further period of consultation on a proposed
submission version before submitting the Plan to the Secretary of State (SoS) for
Examination. The substantive change (resolution 1a) is that the overall housing
number be agreed at 47,500 with the associated distribution being as previously
agreed by Cabinet. A number of other changes to text and policy wording were
also approved. This further consultation took place during March and April for 6
weeks and was reported to members during July 2014. As a result of the
representations received the Portfolio Holder for Environment Heritage and
Planning authorised focused changes to the Cornwall Local Plan - Proposed
Submission - March 2014 which have formed the subject of a further period of
consultation ending in mid - October. Following the period of consultation on the
Schedule of Focused Changes- September 2014, the Cabinet on 19 November
2014 recommended to Council that the Cornwall Local Plan, consisting of the
Cornwall Local Plan: Strategic Policies Proposed Submission Document 2010-2030
(March 2014) and the Proposed Schedule of Focused Changes be submitted to
the Secretary of State for examination. This decision was taken by the Council on
16 December 2014. The Cornwall Local Plan was submitted in February 2015 and
the examination is likely to take place in Spring 2015.

DATED: 22 May 2015
REFULZ

Phil Mason
Head of Planning and Enterprise

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/01953

-National Planning Policy Framework: Paragraph 17
-National Planning Policy Framework: Section 1. Building a strong, competitive
economy
-National Planning Policy Framework: Section 4. Promoting sustainable transport
-National Planning Policy Framework: Section 6. Delivering a wide choice of high
quality homes
-National Planning Policy Framework: Section 7. Requiring good design
-National Planning Policy Framework: Section 10. Meeting the challenge of climate
change, flooding and coastal change
-National Planning Policy Framework: Section 11. Conserving and enhancing the
natural environment
-National Planning Policy Framework: Section 12. Conserving and enhancing the
historic environment

- Cornwall Local Plan Strategic Policies 2010-2030 Proposed submission document
March 2014
Policy

1 Presumption in favour of sustainable development
3 Role and function of places
6 Housing mix
13 Design
22 Best use of land and existing buildings
23 Natural environment
24 Historic environment
26 Flood risk management and coastal change
27 Transport and accessibility

- Penwith Local Plan 2004: H-2, H-5, H-18, GD-1, GD-2, GD-4, GD-5, TV-1, CS-4
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Proposed 386/2 received 27/02/15
Mixed - Existing and Proposed 386/3 received 27/02/15

DATED: 22 May 2015
IDOX/REFULZ

Phil Mason
Head of Planning and Regeneration

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA15/01953

ANY ADDITIONAL INFORMATION:
•

DATED: 22 May 2015
IDOX/REFULZ

Phil Mason
Head of Planning and Regeneration

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 www.planningportal.gov.uk/pcs 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.