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REFUSED | PA18/09194 | Outline Planning Permission (all matters reserved) for demolition of existing agricultural buildings

 


Date Published Document Type Measure Drawing Number Description View
05 Dec 2018 Decision Notice Cannot Measure Document  REOUTZ - REFUSAL NOTICE View Document
11 Oct 2018 Plan - Site Location Measure Document 003 LOCATION PLAN View Document
11 Oct 2018 Plan - Other Measure Document 001 PROPOSED SITE/BLOCK PLAN View Document
08 Oct 2018 Bat and Barn Owl Survey Cannot Measure Document  BAT AND NESTING BIRD SURVEY View Document
01 Oct 2018 Statement - Design and Access Cannot Measure Document  DESIGN AND ACCESS STATEMENT View Document
01 Oct 2018 Plan - Existing Measure Document 002 EXISTING FLOOR AND ELEVATION PLANS View Document
01 Oct 2018 Application Form Cannot Measure Document  APPLICATION FORM View Document



Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email: planning@cornwall.gov.uk
Tel: 0300 1234151
Web: www.cornwall.gov.uk
Application number: PA18/09194
Agent: Cornwall Planning Group
Mr Christopher Menear
10-11 Penwith Business Centre
Longrock
Penzance
TR20 8HL
Applicant: Mr And Mrs Vernon
20 Strawberry Lane
Hayle
TR27 5JS
Town And Country Planning Act 1990 (as amended)
Town And Country Planning (Development Management Procedure) (England)
Order 2015
Notice of Refusal of Outline Planning
Permission
CORNWALL COUNCIL, being the Local Planning Authority, HEREBY REFUSES
PERMISSION,
for the development proposed in the following application received
on 1 October 2018 and accompanying plan(s), for the reasons set out on the attached
schedule:
Description of Development: Outline Planning Permission (all matters reserved) for
demolition of existing agricultural buildings, construction
of replacement dwelling and associated works
Location of Development: Land And Buildings Off Marsh Lane
Marsh Lane
Hayle
Cornwall
TR27 5HX
Parish: Hayle

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 5 December 2018
Louise Wood - Service Director Planning and
Sustainable Development
REOUTZ

 

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/09194
DATED: 5 December 2018
Louise Wood - Service Director Planning and
Sustainable Development
IDOX/REOUTZ


REASONS:

1 The proposed dwelling would not constitute infill development or rounding off in
line with Policy 3 of the Cornwall Local Plan but, rather, would introduce
residential development in an unsustainable location within the countryside.
Furthermore it would have an incompatible use with the adjoining industrial site
at the detriment to existing businesses at the site. The development is therefore
in an inappropriate location and contrary to the provisions of policy SD1 of the
Hayle Neighbourhood Plan 2014-2030, Policies 1, 2, 3, 7, and 21 of the Cornwall
Local Plan Strategic Polices 2010-2030 and paragraphs 78 and 79 of the National
Planning Policy Framework 2018.

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/09194
DATED: 5 December 2018
Louise Wood - Service Director Planning and
Sustainable Development
IDOX/REOUTZ

RELEVANT PLANNING POLICIES:
Cornwall Local Plan Strategic Policies 2010-2030 (Adopted 22nd November 2016)
Policy 1 Presumption in favour of sustainable development
Policy 2 Spatial Strategy
Policy 2a key targets
Policy 3 Role and function of places
Policy 7 Housing in the countryside
Policy 12 Design
Policy 13 Development standards
Policy 21 Best use of land and existing buildings
Policy 23 Natural environment
Policy 27 Transport and accessibility
National Planning Policy Framework 2018
Section 1. Introduction
Section 2. Achieving sustainable development
Section 4. Decision-making
Section 9. Promoting sustainable transport
Section 11. Making effective use of land
Section 12. Achieving well-designed places
Section 15. Conserving and enhancing the natural environment
Planning Practice Guidance
Cornwall Design Guide 2013
Hayle Neighbourhood Development Plan 2015-2030
SD1
PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:
Site/location Plan 001 received 01/10/18
Site/location Plan 003 received 11/10/18
Existing 002 received 01/10/18

SCHEDULE ATTACHED TO APPLICATION & DECISION NO: PA18/09194
DATED: 5 December 2018
Louise Wood - Service Director Planning
and Sustainable Development
IDOX/REOUTZ
ANY ADDITIONAL INFORMATION:
• If you disagree with the reason for refusal on the basis of planning policy we
would encourage you to contact the case officer to discuss the matter before
lodging an appeal.
The Local Planning Authority has acted positively and proactively in determining this
application by identifying matters of concern with this proposal. On this occasion, the
issues are so fundamental that it is not possible to negotiate a satisfactory way forward
due to the harm that has been clearly identified within the reason(s) for refusal.

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 https://www.gov.uk/government/organisations/planning-inspectorate
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.

 

YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.
DATED: 5 December 2018
Louise Wood - Service Director Planning and
Sustainable Development
REOUTZ

 

via http://planning.cornwall.gov.uk/online-applications/files/9763FDD0C1D1A3...

PA18/09194 | Outline Planning Permission (all matters reserved) for demolition of existing agricultural buildings, construction of replacement dwelling and associated works

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