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Refusal | PA22/04876 | Retrospective planning permission for the removal of existing outbuilding and shed, and replacement outbu


Cornwall Council

Correspondence Address: Cornwall Council
Planning, PO Box 676, Threemilestone, Truro, TR1
9EQ

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

Application number: PA22/04876

Agent:
Mrs Amanda Stewart
Stewart&Stewart Design
133 Cappell Lane
Stanstead Abbotts
SG12 8DA


Applicant:
Mr Lloyd
12 Back Lane
Cornwall
Angarrack
TR27 5JE

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 24 May 2022 and accompanying plan(s), for the reasons set out on the attached
schedule:


Description of Development: Retrospective planning permission for the removal of
                                           existing outbuilding and shed, and replacement
                                           outbuilding and parking space.

Location of Development: 12 Back Lane
Angarrack
Cornwall
TR27 5JE

Parish: Hayle

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA22/04876


 

REASONS:

  1. The proposed development, by virtue of the size, height, bulk, and massing
    result in a cramped form of development on the site which is out of context.
    Additionally, the flat roof proposed in order to accommodate the parking space is
    considered to be an incongruous addition that would appear out of keeping with
    the surrounding area which is predominantly comprised of pitched tiled roofs.
    The development is therefore considered to be contrary to the aims and
    intensions of Policies SD5 of the Hayle Neighbourhood Development Plan, Policies
    1, 2 and 12 of the Cornwall Local Plan Strategic Policies 2010 - 2030, the
    Cornwall Design Guide 2021 and paragraphs 130 and 134 of the National
    Planning Policy Framework 2021.

  2. The proposals result in an overbearing and intrusive form of development having
    an adverse effect by overshadowing and loss of outlook on neighbouring
    properties and resulting in poor standards of residential amenity.

    The height and form of proposed outbuilding, together with its massing and
    position directly adjacent to 10 Back Lane's northwestern boundary, is
    considered to create a strong sense of enclosure experienced by the occupants of
    10 Back Lane. It is considered that the outbuilding would significantly reduce the
    levels of residential amenity enjoyed by the occupants of 10 Back Lane, with the
    outlook from both the garden and northeast facing ground floor habitable rooms
    severely impacted and resulting in unacceptable overbearing impacts.

    The scheme conflicts with Policy 12 of the Cornwall Local Plan Strategic Policies
    2010-2030 and paragraph 130 of the National Planning Policy Framework 2021
    which seek, amongst other matters, to ensure new development does not
    adversely affect the amenity of neighbouring properties.

  3. In the absence of relevant assessments or detailed drawings, it is considered
    that none of the submitted written material is sufficient to demonstrate that the
    necessary site works would not cause an unacceptable risk to the retaining wall
    supporting the public highway. The National Planning Policy Framework in
    paragraph 174 makes it clear that new development will be expected, as a
    matter of national planning policy, not to put existing development at
    unacceptable risk from, nor adversely to affect it by, land instability.

    There is also insufficient evidence to demonstrate that the proposed outbuilding
    would be adequately supported to allow vehicles to park on the roof.

    In these circumstances the conclusion is that the proposal as submitted would be
    likely to result in material harm to the stability of land both on and in the
    immediate vicinity of the site, and in particular in relation to the retaining wall
    supporting the public highway. The development is therefore contrary to the

    aims and intentions of Paragraph 174 and 183 of the National Planning Policy
    Framework

 

 SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA22/04876
DATED: 13 July 2022 Louise Wood - Service Director Planning and
Housing (Chief Planner Officer)
REFULZ

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 13 July 2022 Louise Wood - Service Director Planning and
Housing (Chief Planner Officer)
REFULZ

 PA22/04876

 

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