EACH week, hundreds of planning applications come before Cornwall Council’s planning department, seeking to win approval for various plans right across the Duchy, with some concerning Holsworthy handled by Torridge District Council.

These plans can comprise of a number of different reasonings – ranging from permission to replace windows or listed building consent ranging up to large house building developments or changing of use of a building, for instance, from an office to a café, or flats.

Within this large and often complex system, there are a number of formats from which planning advice and approval can be sought.

These range from full applications where all the details which comprise a proposed development or work to a building are submitted, to outline applications, where further details are yet to be confirmed, for example, an outline application with reserved matters for appearance may not confirm the final proposed development but rather seek permission in principle.

An example of this is one for an outline permission for 20 dwellings on land with reserved matters for appearance and scale; the reserved matters would require further permission later for their inclusion.

Other types of applications include pre-application advice requests, where would-be developers submit often outline proposals to a local authority to ascertain whether it is likely to gain support or not prior to submitting a planning application.

The vast majority of applications are decided by planning officers employed by a local authority under ‘delegated powers’, meaning they do so on behalf of their employer, however, some applications are ‘called in’ by local councillors to be discussed at an area’s strategic planning committee meeting, meaning the final decision rests with a committee of councillors.

Controversial bus depot plans withdrawn

A CONTROVERSIAL retrospective application seeking permission to change the use of a former car garage into a bus depot has been withdrawn by the applicant.

Stagecoach South West had been seeking Cornwall Council’s consent for the use of the rear of the former Cummings petrol station and showroom on Priory Road in the town as its base for its bus services in the area.

The application had been met with objections from Bodmin Town Council, residents of the adjacent Gilberts Road housing estate and it was also revealed as part of the planning application that it had been the subject of a noise abatement order.

No reason is typically given for a withdrawal, sometimes it is the case that it is to amend a proposal, however, it comes weeks after the council’s own Public Protection Noise and Odour Planning Consultation team stated its view that the site was not appropriate for the proposed used.

They stated: “This application would be to seek to permit the continued use of the site that is having an impact that is detrimental to the nearby neighbouring properties by way of noise and nuisance including very early in the mornings. The noise report makes assumptions on the basis of the acoustic fence being five metres tall, however this is a three metre high fence. Environmental Health are in receipt of a number of complaints from properties on two different sides of the premises. Our investigation has identified that the noise has not been adequately controlled even following the introduction of the acoustic fence.

“It was our opinion that the noise from the premises was unreasonably affecting neighbouring properties to the extent that they were causing a statutory nuisance under section 79 of the Environmental Protection Act 1990 and a noise abatement notice was issued on Stagecoach following an investigation. During this investigation noise monitoring equipment was used in conjunction with a very early morning visit. This did not confirm the conclusion reached in the applicant's acoustic report as it was causing an unreasonable disturbance to neighbours on a regular basis including impacts on sleep, which potentially could have health implications.

“As such it is our opinion that this is not the correct location for such business operations and a continued use would give rise to continued justified complaints and unreasonable impacts on neighbouring properties.”

The paperwork confirming the withdrawal of the application simply states: “Cornwall Council hereby confirms that the above mentioned application has been withdrawn.”

Holiday let can be used as dwelling

A HOLIDAY let near Camelford can now be used as an ‘unfettered residential dwelling’ – meaning it is no longer subject to restrictions that stipulate it can only be used as a short term holiday rental property.

The application concerns The Old Stable at Trethin Manor, Advent, Camelford and the application was made by Mr Andrew Finnegan.

Cornwall Council told the applicant that the granting of the change of use was subject to a condition which prevents its enlargement and/or alteration of the building in addition to the construction of a swimming pool without a separate planning permission in order to protect the living conditions of neighbouring residents and to protect the character and appearance of the area.

Residential flat to become offices

PERMISSION has been granted for the change of use of a second floor and a first floor rear access from residential use to commercial offices.

The application concerned the property known as ‘The Flat’ at 11, The Strand, Bude.

It had previously been changed from a previous use of retail to a dwellinghouse in 2022.

The applicant, Jack Gear Commercial Ltd, told Cornwall Council that while it provided short term residential accommodation, the rapid expansion of the applicant’s local business meant that the space was now required for commercial use once again.

It said this would allow it to remain in the town centre and not force it to move to an out-of-town industrial estate.

Tree removal refused

AN application seeking permission to remove three oak trees that are the subject of a tree preservation order in St Breward has been refused by Cornwall Council.

It concerned The Stables, St Breward and the applicant was seeking the felling of three trees due to them ‘leaning’ – a point which was disputed by the council’s tree’s officer who said that it appeared it was actually forming a canopy with another tree and this would improve their strength.

Refusing the application, Cornwall Council stated: “The trees that are the subject of this application are considered to provide a significant level of public amenity and make a notable positive contribution to the character and appearance of the local area. Their collective value is consistent with the aims of the Cornwall Local Plan, which seek to protect important landscape features and ensure that development proposals conserve and enhance Cornwall's distinctive natural assets.

“Furthermore, the proposal conflicts with the principles of the Climate Emergency Development Plan Document (DPD), which emphasises the importance of retaining existing green infrastructure and mature trees for their role in supporting climate resilience, biodiversity, carbon sequestration, and overall environmental quality.

“The application has not been supported by clear and convincing evidence to justify the proposed felling of the protected trees.

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“In the absence of such evidence, the council is not persuaded that the reasons presented are sufficient to outweigh the substantial harm that would result from their loss and it is considered that the removal of the trees would result in an unacceptable and avoidable loss of public amenity.”