Case 3331850

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL

Cornwall Council — appeal dismissed

Outcome
Dismissed
Decision date
10 January 2025
Authority
Cornwall Council
Inspector
Faulkner H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
Maria Sanchez Villagra
LPA reference
PA23/01682
ONS LPA code
E06000052
Jurisdiction
Transferred
Link status
Not Linked
Start date
16 January 2024

Summary AI

The inspector dismissed the appeal due to the proposed development's impact on the character and appearance of the area. The site is visible from surrounding vantage points, and the introduction of a dwelling would disrupt the visual edge of the settlement. The development plan's policies, including those related to development near conservation areas, were found to be applicable and sufficient to reject the appeal.

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

PDF text

Page 1 · Chunk 0 by H Faulkner BSc (Hons) MSc PGCE MRTPI

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — by H Faulkner BSc (Hons) MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 10 January 2025

Page 1 · Chunk 1 Land at rear of 4 Lane Reddin Terrace, Newlyn, Cornwall TR18 5BL

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — Land at rear of 4 Lane Reddin Terrace, Newlyn, Cornwall TR18 5BL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Mrs Maria Sanchez Villagra against the decision of Cornwall Council. • The application Ref is PA23/01682. • The development proposed is described as “The proposal is to build a single dwelling on a large plot at the rear of 4 Lane Reddin Terrace, Newlyn TR18 5BL. At the moment there is an existing concrete block building that was built when Lane Reddin Terrace was constructed, this would be demolished or adapted and incorporated into the new structure. The intention is to build an eco-friendly, low carbon home that would be aesthetically designed and in keeping with the natural surroundings. The sloping nature of the site allows us to extend the footprint of the new structure without raising the roofline or affecting any sight lines of nearby properties. The plot is one of a series that lie behind the houses on Lane Reddin Terrace that are owned by the homeowners. An alleyway and raised embankment separates them from the houses, placing them approximately 5m above ground level.

Page 1 · Chunk 2 Land at rear of 4 Lane Reddin Terrace, Newlyn, Cornwall TR18 5BL

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — Land at rear of 4 Lane Reddin Terrace, Newlyn, Cornwall TR18 5BL The land is accessed separately by a path that runs along the top of the embankment. This path, though adequate, would be improved in this project, which would be to the benefit of other residents.

Page 1 · Chunk 3 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. https://www.gov.uk/planning-inspectorate Appeal Decision APP/D0840/W/23/3331850 Main Issue 5. The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development. Reasons Location 6. The site is within the settlement boundary of Newlyn and there is no dispute between the parties that the location is suitable with regards to a residential use and complies with Policies 1 and 3 of the Cornwall Local Plan (CLP) in this regard. Land Use and amount of development 7. The appeal site lies on land to the rear of Lane Reddin Terrace. This area is divided into plots which broadly correspond to the adjacent terrace. The topography of the land slopes up steeply with the houses and the road being on different levels. 8. There is a large area to the rear of the houses on Lane Reddin Terrace which is undeveloped, save for small ancillary buildings. To the west of this open area is a house and beyond that trees and open countryside. 9. Due to the topography of the area the site is visible from a number of surrounding vantage points.

Page 2 · Chunk 5 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. During my site visit I noted the site was visible on approach to Newlyn from Penzance on Western Promenade Road/New Road as well as from within Newlyn on Cliff Road and Strand. The site, along with the neighbouring land, when observed from the surrounding area presents as a pleasing ingress of the countryside which forms an important part of the setting of the settlement. 10. The terrace of properties on Chywoone Hill form a strong visual edge to the settlement with development beyond being limited and of a looser pattern. Other visible houses, including Roseland to the north, which has been recently extended, are situated towards the end of the terrace. Whilst there is a house to the east the main area of open space beyond the terrace remains undeveloped. The introduction of a dwelling in the space between the clear linear form of the terrace and the housing beyond would have a visually harmful impact on the character of this part of Newlyn. 11. Whilst the design specifics are for consideration at the technical consent stage the narrow nature of the plot and its location to the rear of the terrace would be an anomaly within the area.

Page 2 · Chunk 6 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. It is acknowledged that there is an existing building on the site, however, this is a small ancillary building which has limited visual impact. 12. In conclusion, whilst only for one dwelling, the proposed land use and amount of development would conflict with Policies 2 and 12 of the CLP which, amongst other things, seek development which ensures a physical and aesthetic understanding of its location and maintains and enhances natural and historic character. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. It is acknowledged that there is an existing building on the site, however, this is a small ancillary building which has limited visual impact. 12. In conclusion, whilst only for one dwelling, the proposed land use and amount of development would conflict with Policies 2 and 12 of the CLP which, amongst other things, seek development which ensures a physical and aesthetic understanding of its location and maintains and enhances natural and historic character. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. Appeal Decision APP/D0840/W/23/3331850 Other Matters 13. The ownership of the land and its relationship to 4 Lane Reddin Terrace have been raised by both parties. However, the visual harm identified above would result regardless of whether the site was linked to any of the terrace properties adjacent. The narrow nature of the plot is relevant in so far as it results in the location of the development plot. 14. The loss of the garden area has been raised by the Council, however, it has not been demonstrated that there is conflict with the policies in the CLP in respect of this matter. 15. The site is located close to a conservation area (CA). As the site is outside of the CA there is no statutory requirement to determine whether the proposals would preserve or enhance the CA. The Council has not presented a case to demonstrate that the setting of the CA would be affected by the proposals. Given the case before me and my own observations on site I have not reached a different conclusion. Planning Balance and Conclusion 16. The proposal would contribute to housing supply in a location where there is good access to services and could be available for a local resident.

Page 3 · Chunk 9 permission in principle is granted. I have determined the appeal accordingly.

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — permission in principle is granted. I have determined the appeal accordingly. There would also be economic benefits arising from the construction process. Potential improvements to the access are noted and also that the proposed dwelling could be ‘eco-friendly’. However, given that the proposal is for a single house these benefits would be modest and when balanced against the harmful impact on the character and appearance of the area are contrary to the aims and objectives of the CLP. 17. The appeal scheme would conflict with the development plan. There are no material considerations identified, individually or cumulatively, to indicate a decision should be made other than in accordance with the development plan. Therefore, for the reasons given above, the appeal should be dismissed.

Page 3 · Chunk 10 H Faulkner

Land at rear of 4 Lane Reddin Terrace, Chywoone Hill, Newlyn (Penzance), Cornwall, TR18 5BL — Cornwall Council — H Faulkner INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Heritage impact
Against appellant
¶10

The proposed development would have a visually harmful impact on the character of Newlyn, disrupting the visual edge of the settlement and conflicting with Policies 2 and 12 of the Cornwall Local Plan.

Green belt
Against appellant
¶11

The narrow nature of the plot and its location to the rear of the terrace would be an anomaly within the area, conflicting with the aims and objectives of the Cornwall Local Plan.

Planning obligations
Against appellant
¶14

The loss of the garden area has been raised by the Council, but it has not been demonstrated that there is conflict with the policies in the CLP in respect of this matter.

Flood risk
Neutral

Ecology and biodiversity
Neutral

Trees and landscape
Neutral

Policies relied on

Reference Weight
CLP 2
Determinative
CLP 12
Determinative

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 10 January 2025 under the Open Government Licence.