Land off Sandy Lane, Redruth, Cornwall, TR15 2DW
Cornwall Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 5 June 2024
- Authority
- Cornwall Council
- Inspector
- Burnham T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr and Mrs Pete and Rosemarie Turner
- LPA reference
- PA22/08130
- ONS LPA code
- E06000052
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 20 February 2024
Summary AI
The appeal was dismissed due to the proposal conflicting with local planning policies, particularly those related to development in the open countryside. The development would extend built development into open countryside, which is not in line with the local plan's aspirations. The benefits of the development would be limited and do not outweigh the harm identified.
PDF text
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — Appeal Decision Site visit made on 11 April 2024 by T Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 05 June 2024 Appeal Ref: APP/D0840/W/23/3329559 Land at Sandy Lane, Sandy Lane, Redruth TR15 2DR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr and Mrs Turner against the decision of Cornwall Council. • The application Ref PA22/08130, dated 2 September 2022, was refused by notice dated 22 March 2023. • The development proposed is Outline application for the erection of 5 houses, along with the provision of a new access, parking and associated landscaping. All matters reserved except for access. Decision 1. The appeal is dismissed. Procedural Matters 2. The Council initially had concerns with regard to surface water drainage, the effect of the proposal on the integrity of the Fal and Helford Special Area of Conservation (SAC) and with regard to a lack of a mechanism to secure contributions towards education infrastructure. 3.
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — Appeal Decision Further information has been submitted in relation to surface water drainage and it is likely on the basis of the evidence that this could be dealt with via condition, were I minded to allow the appeal. With regard to the SAC, I am advised that a payment has been made which addresses the issue. In any event, given that I am dismissing the appeal for other reasons I will not pursue this matter further. The Council indicate that a unilateral undertaking has been submitted which addresses the need for a contribution to deliver improvements to mitigate pressures on education infrastructure and I will not therefore consider that matter further. Main Issue 4. The main issue therefore is the effect of the proposal on the character and appearance of the area and whether the proposal would represent rounding off. Reasons 5. In amongst other manners, Policy 3 of the Cornwall Local Plan (2016) (CLP) indicates that some housing will be delivered through rounding off of settlements. 6. The appeal site is located to the east of Sandy Lane, in a lengthy gap between some residential properties to the north and south. The gap in which the https://www.gov.uk/planning-inspectorate
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/23/3329559 dwellings are proposed forms the western part of two fields, the site being divided by a hedgerow. Further sporadic hedging and planting bounds the edge of the site with Sandy Lane. 7. Whilst there are occasional properties on this side of Sandy Lane and some development beyond, whilst noting the appraisal1 my impression is that this site is visually attractive, forming part of the open countryside in views from Sandy Lane. The development, which would be likely to be of a locally significant scale even accounting for the outline nature of the application, would extend built development into that open countryside, which is clearly appreciable from Sandy Lane in views across the site. 8. Although I note the presence of limited development to the north and south of the site, as well as that to the east, the rear boundary of the development would not follow any established on site boundary but would rather form a newly created boundary line across the fields. 9. The proposal would subsequently not represent rounding off as identified within the CLP or within the note2 and would incur into open countryside.
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — Appeal Decision There would therefore be conflict with policies 1, 2, 3, 7, 12, 21 and 23 of the CLP which amongst other things seek to resist this type of development within the open countryside, maintain and enhance Cornwall’s distinctive natural character and sustain local distinctiveness and character. There would also be conflict with section 3 of the design guide3, which has similar aims. There would be conflict with Policy C1 of the DPD4 which amongst other things seeks to conserve the natural environment and increase built and natural environment distinctiveness. The proposal would not be in line with the housing location aspirations of the site allocations DPD5. Planning Balance and Conclusion 10. The properties proposed would contribute towards housing supply and would provide some social and economic benefits both during and post construction on a site that is conveniently located to access the services and facilities within Redruth. Cycle links are available. However, these benefits would overall be limited owing to the modest size of the scheme and they would not outweigh the harm identified. 11.
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — Appeal Decision There is nothing, including the Framework6, to indicate that the decision should be made otherwise than in accordance with the development plan with which the proposal conflicts. The appeal is therefore dismissed.
Land off Sandy Lane, Redruth, Cornwall, TR15 2DW — Cornwall Council — T Burnham INSPECTOR 1 Landscape and Visual Appraisal – Tyler Grange – August 2022. 2 Chief Planning Officer’s Advice Note: Infill/Rounding Off – December 2017. 3 Cornwall Council – Design Guide – Achieving quality in development for people, wildlife & the environment. 4 Cornwall Council Climate Emergency Development Plan Document February 2023. 5 Cornwall Council Site Allocations Development Plan Document November 2019. 6 National Planning Policy Framework 2023. https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶4
The development would extend built development into open countryside, which is contrary to policies 1, 2, 3, 7, 12, 21 and 23 of the CLP.
Character and appearance Against appellant ¶9
The development would not represent rounding off as identified in the CLP, but would rather form a newly created boundary line across the fields.
Green belt Against appellant ¶11
The development would be made in accordance with the development plan, which the proposal conflicts with.
Policies relied on
| Reference | Weight |
|---|---|
| Policy 3 of the Cornwall Local Plan (2016) |
Substantial |
| Policy C1 of the DPD |
Substantial |
| Section 3 of the design guide |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 5 June 2024 under the Open Government Licence.