Case 3292730

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND

Cornwall Council — appeal dismissed

Outcome
Dismissed
Decision date
22 September 2022
Authority
Cornwall Council
Inspector
Tivey C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
Ms & Ms Sue & Holly Penna
LPA reference
PA21/10040
ONS LPA code
E06000052
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 May 2022

Summary AI

The appeal to build two dwellings was dismissed due to concerns over highway safety and the potential impact on the character and appearance of the rural area. The inspector found that the site is part of a settlement and therefore not open countryside, but the development would still have a material change to the appearance of the site and surrounding area. However, the main issue was the impact on highway safety due to poor visibility at the junction, which could not be mitigated by the proposed development.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision Site visit made on 23 August 2022 by Mr C J Tivey BSc (Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 22nd September 2022 Appeal Ref: APP/D0840/W/22/3292730 Gwendra, Greenwith Hill, Perranwell Station TR3 7ND • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Sue & Holly Penna against the decision of Cornwall Council. • The application Ref PA21/10040, dated 30 September 2021, was refused by notice dated 30 December 2021. • The development proposed is for the construction of up to two dwellings. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the appeal proposal upon the character and appearance of the area; and upon highway safety, with specific reference to visibility. Reasons 3. The appeal site is located within a rural area comprising a loose collection of dwellings within the Parish of Perranwell Station. As denoted on the Ordnance Survey base and confirmed by the main parties, this forms a settlement known as Coldwind. 4.

Page 1 · Chunk 1 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision The Council’s Chief Planning Officer’s Advice Note: Infill/Rounding Off December 2017 (CPOAN) provides support to the policies found within the Cornwall Local Plan Strategic Policies 2010 – 2030 adopted November 2016 (CLP), specifically those regarding housing. 5. The CPOAN highlights that the CLP requires decision makers to first identify if a proposal physically relates to a recognisable settlement. It states that smaller villages and hamlets should have a form and shape and clearly definable boundaries, not just a low density ‘straggle’ of development. It also goes on to say that well-defined groups of dwellings with a collective name will normally be settlements, such as the case here. 6. Map 3 of the Perranarworthal Neighbourhood Plan 2021 – 2030 pre-submission consultation draft May 2021 (PNP) specifically excludes the appeal site from the Greenwith settlement boundary, however due to its current status I can only give this limited weight. By virtue of the close proximity of other dwellings to it,

Page 2 · Chunk 2 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/22/3292730 and due to some clear ‘amenity’ use by the appellants I find that the site appears relatively domestic in appearance and is not actively farmed. Therefore, I find it difficult to conclude that the site constitutes open countryside. Further, taking into account the other residential development to the west and north-western side of Greenwith Hill, I consider that Coldwind constitutes a settlement in its own right. 7. The CLP in paragraph 1.57 stipulates that the majority of Parishes that do not have a town or village named in its Policy 3 can meet the remaining housing requirement through, amongst other things, small scale rounding off. CLP paragraph 1.68 explains that rounding off applies to development on land that is substantially enclosed, but outside of the urban form of the settlement where its edge is clearly defined by a physical feature that also acts as a barrier to further growth such as a road.

Page 2 · Chunk 3 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision I therefore consider as a matter of principle the development to be acceptable, in accordance with CLP Policy 3 notwithstanding the fact that the development of up to 2 dwellings would give rise to a material change to the appearance of the appeal site and the immediate surrounding area. Any wider landscape harm to the Redruth, Camborne and Gwennap Landscape Character Area would be slight, subject to the approval of the detailed design. 8. Notwithstanding the above, I find the two main issues in this appeal are inextricably linked and I note that the appeal site is accessed via a private drive and Byway (Mount Pleasant) which forms a junction with Greenwith Hill opposite a Bridleway which leads to a dwelling known as Hilltop. The lanes are bounded by high Cornish hedges and visibility is poor in both directions Mount Pleasant, but especially to the south. I acknowledge that the Council did not raise visibility when determining other planning applications within the locality, but nonetheless each case must be assessed on its own merits.

Page 2 · Chunk 4 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision In this instance the proposal would give rise to the creation of 2no additional units of residential accommodation which would intensify the use of the access from Mount Pleasant on to Greenwith Hill. 9. The appellants’ Highway Consultant stipulates that vehicle speeds along Greenwith Hill were approximately 20mph, however no speed surveys have been provided, neither has a topographical survey or any other drawing to demonstrate precisely how adequate visibility splays would be created. An ecological response letter has been submitted which highlights that in order to improve visibility, the boundary Cornish hedge due south of the junction would have to be reduced in height to 0.9m, involving the removal of the formal hedgerow on top, resulting in just the stone hedge with associated flora remaining. 10.No Arboricultural or Landscape evidence has been submitted to assess the proposal, nonetheless from what has been described as necessitating the enhancement of visibility concerns me, through its resultant loss of vegetation and the visual impacts that would ensue upon the character and appearance of the rural area.

Page 2 · Chunk 5 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision 11.Therefore by virtue of the unsubstantiated highway visibility splays, I conclude that the scheme would have an unacceptable impact on Highway safety contrary to paragraph 111 of the National Planning Policy Framework (the ‘Framework’), as well as CLP Policy 27 which requires all developments to 2

Page 2 · Chunk 6 Appeal Decision

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — Appeal Decision 11.Therefore by virtue of the unsubstantiated highway visibility splays, I conclude that the scheme would have an unacceptable impact on Highway safety contrary to paragraph 111 of the National Planning Policy Framework (the ‘Framework’), as well as CLP Policy 27 which requires all developments to 2 Appeal Decision APP/D0840/W/22/3292730 provide safe and suitable access to the site for all people, and not cause a significantly adverse impact on the local road network that cannot be managed or mitigated. 12.In terms of the potential resultant visual effects which could result from the creation of such splays, and associated impacts upon the character and appearance of the area I find the proposal contrary to CLP Policies 2 and 23 which together require development to, amongst other things, maintain and respect the special character of Cornwall, recognising that all urban and rural landscapes, designated and undesignated, are important and that development should avoid adverse impacts on existing features of the natural environment. Conclusion 13. Having regard to the above and all other matters raised, I conclude that the appeal be dismissed.

Page 3 · Chunk 7 C J Tivey

Gwendra, Greenwith Hill, Perranwell Station, TR3 7ND — Cornwall Council — C J Tivey INSPECTOR 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶7

The inspector found that the site is part of a settlement and therefore not open countryside, but the development would still have a material change to the appearance of the site and surrounding area.

Highway safety
Against appellant
¶11

The inspector found that the proposed development would have an unacceptable impact on highway safety due to poor visibility at the junction, which could not be mitigated by the proposed development.

Policies relied on

Reference Weight
CLP 3
Determinative
CLP 27
Substantial
CLP 2
Moderate
CLP 23
Moderate
NPPF 111
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 22 September 2022 under the Open Government Licence.