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