Refusal | PA15/01953 | Construction of a pair of semi-detached dwellings - 12 Back Lane Angarrack Hayle Cornwall TR27 5JE
Submitted by Angarrack.info ... on Wed, 27/05/2015 - 17:50.
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: ApplicationCornwall 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.
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