Case 3338980

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX

Cornwall Council — appeal allowed

Outcome
Allowed
Decision date
5 November 2024
Authority
Cornwall Council
Inspector
Cresswell C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Reserved Matters
Development type
Minor Dwellings
Appellant
Mr and Mrs R Bailey
LPA reference
PA23/03829
ONS LPA code
E06000052
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 May 2024

Summary AI

The appeal is allowed as the proposed dwelling would not harm the character and appearance of the Conservation Area or the World Heritage Site, Heritage Coast or National Landscape. The development would be carried out in accordance with the approved plans and would meet the necessary conditions.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision Site visit made on 14 October 2024 by C Cresswell BSc (Hons) MA, MBA, MRTPI an Inspector appointed by the Secretary of State Decision date: 05 November 2024 Appeal Ref: APP/D0840/W/24/3338980 Land to north west of East Levant Engine House, Trewellard, St Just, Penzance TR19 7SX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Mr and Mrs R Bailey against the decision of Cornwall Council. • The application Ref PA23/03829 sought approval of details pursuant to condition No 1 of a planning permission Ref PA20/00878, granted on 19 June 2020. • The application was refused by notice dated 20 September 2023. • The development proposed is a dwelling. • The details for which approval is sought are: appearance, landscaping, layout and scale. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision The appeal is allowed and the reserved matters are approved (namely appearance, landscaping, layout and scale) pursuant to condition No 1 of planning permission Ref PA20/00878, granted on 19 June 2020 for a dwelling at Land to north west of East Levant Engine House, Trewellard, St Just, Penzance TR19 7SX in accordance with the terms of the application, Ref PA23/03829, subject to the conditions which are set out in the Schedule at the end of this Decision. Main Issues 2. The main issues in this case are: ● whether the proposed development would preserve or enhance the character or appearance of the Trewellard Conservation Area. ● the effect of the proposed development on the character and appearance of the Cornwall and West Devon Mining Landscape World Heritage Site, Heritage Coast and the National Landscape1. Reasons 3. Trewellard is one of several small villages which occupy this part of the west Cornwall coastline. The mining history of the area is clearly evident, with disused engine houses, industrial structures and old mine workings being very distinctive features of the local landscape. In recognition of this, the area has been designated as a World Heritage Site.

Page 1 · Chunk 2 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision It is also a highly scenic location, characterised by traditionally designed buildings, wide open spaces, cliffs and expansive views of the sea. For these reasons, the landscape is within the National Landscape and Heritage Coast designations. 1 Previously known as an Area of Outstanding Natural Beauty (AONB). https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision It is also a highly scenic location, characterised by traditionally designed buildings, wide open spaces, cliffs and expansive views of the sea. For these reasons, the landscape is within the National Landscape and Heritage Coast designations. 1 Previously known as an Area of Outstanding Natural Beauty (AONB). https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/24/3338980 4. The appeal site is an open area of land on the outer edges of Trewellard. It is within the Trewellard Conservation Area, the significance of which is mainly derived from the architectural merit of the traditionally designed buildings and their relationship to the wider mining landscape. 5. The proposed dwelling would have a modern appearance, with rendered walls and a timber clad front projection. It would also have relatively extensive glazing, with a somewhat irregular pattern of fenestration. Consequently, it would not be characteristic of the traditionally designed buildings seen elsewhere in the village. Most of these are built from natural stone and maintain very simple, low profile architectural forms. 6. That said, the site is situated in a part of village where architectural styles are mixed. While there is a traditional stone building to the north-east, there are also contemporary style bungalows and houses in the immediate vicinity of the site. These properties do not have a consistent appearance and vary in their shape and size.

Page 2 · Chunk 5 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision They would form the main backdrop against which the proposed dwelling would be viewed, rather than the more traditional buildings seem elsewhere in Trewellard. Although the chimney of East Levant Engine House is nearby, there is a modern timber-clad property separating the proposed dwelling from this chimney. 7. Hence, despite the high sensitivity of the area, the proposed dwelling would appear in context within its immediate surroundings. In reaching this decision, I am mindful that the proposed dwelling would be relatively small and would be set well back into the site near existing development. 8. For these reasons, I conclude that the proposal would not harm the character and appearance of the Conservation Area. There would be no conflict with Policies 2 and 24 of the Local Plan2 or Policies AD2, AD4 and BD1 of the Neighbourhood Plan3. Amongst other things, these seek appropriate standards of design and the protection of heritage assets. 9. I also conclude that the proposal would not harm the character and appearance of the World Heritage Site, Heritage Coast or National Landscape.

Page 2 · Chunk 6 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision There would be no conflict with the landscape protection objectives of Policies 3 and 23 of the Local Plan or Policies AD1 and AD4 of the Neighbourhood Plan. Nor would there would be conflict with the overall objectives of the AONB Management Plan or World Heritage Site Management Plan. While the Council refers to Policy 21 of the Local Plan its reasons for refusal, this is not directly relevant to the appeal as it concerns making the best use of land and buildings. Other matters 10. The principle of developing the site for housing is established by the outline planning permission4 granted in 2020. This appeal is limited to considering the appearance, landscaping, layout and scale of the development and so I am unable to revisit the merits of that planning permission. 11. The site is undeveloped so adds to the open and natural qualities of the area. By introducing new development, the proposed dwelling would reduce this 2 Cornwall Local Plan Strategic Policies 2010-2030 3 St Just-in-Penwith Parish Neighbourhood Plan 2021-2030 4 Council Ref: PA20/00878 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/24/3338980 sense of openness. It would also require the removal of wild vegetation that contributes to biodiversity. However, this would likely be the case regardless of the type of dwelling built on the site. There is little to suggest that the proposed design would be especially harmful in this respect. Conditions 12. In the interests of clarity, standard conditions requiring the development to be tied to the original outline permission and carried out in accordance with the approved plans have been imposed. In the interests of character and appearance there is a condition requiring details of external materials and details of boundary treatments. For highway safety, there is a condition requiring the proposed parking and turning areas to be implemented. Conclusion 13. The appeal is allowed.

Page 3 · Chunk 8 C Cresswell

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — C Cresswell INSPECTOR Schedule of Conditions 1) This approval must be read in conjunction with outline planning permission, Ref PA20/00878, and the conditions attached thereto. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 2312-01, 2312-02, 2312-04, 2312-05, 2312-06 3) Prior to the installation of the materials to be used in the construction of the external surfaces, details of all external facing materials shall be submitted to and approved by the local planning authority in writing. Such details shall include details of the solar array proposed on the south-east elevation. The development shall be carried out in accordance with the approved details and retained as such thereafter. 4) Before the first occupation of the dwelling hereby approved, the car parking space and turning area shall be constructed in accordance with approved plan 2312-04 and the said areas shall not thereafter be obstructed or used for any other purpose. 5) Details of the proposed boundary treatments including any gates, walls or fences shall be submitted to and approved in writing by the local planning authority prior to construction of the above ground works.

Page 3 · Chunk 9 C Cresswell

Land to north west of East Levant Engine House, Trewellard, St Just, Penzance, Cornwall, TR19 7SX — Cornwall Council — C Cresswell The approved boundary treatments shall be implemented prior to occupation of the buildings and shall not thereafter be altered or removed, other than by necessary replacement. https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶8

The proposed dwelling's modern appearance would not harm the character and appearance of the Conservation Area, as it would appear in context within its immediate surroundings and would be relatively small and set well back into the site near existing development.

Heritage impact
Against appellant
¶8

The proposed dwelling would not harm the character and appearance of the World Heritage Site, Heritage Coast or National Landscape, as it would be in accordance with the landscape protection objectives of the Local Plan and Neighbourhood Plan.

Policies relied on

Reference Weight
Policies 2 and 24 of the Local Plan, Policies AD2, AD4 and BD1 of the Neighbourhood Plan
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 5 November 2024 under the Open Government Licence.