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.

CORNWALL Council have refused an application seeking the part retrospective Completion and use of three eco holiday pods as overnight tourist accommodation in St Merryn.

The application concerns the address land north of Trefloss Stables, Trevean Lane, St Merryn, Padstow and was made by Mr Bruce Avery.

In the application, it was stated: “The development proposes low-impact, small-scale accommodation targeted at the offpeak tourist market, aligning with the sustainability and rural economy objectives of both national and local policy.

“The site lies within a rural setting, adjacent to an existing dwelling and another tourist accommodation site. It forms part of a modestly developed landholding off Trevean Lane. It is not visible from any public highway or public right of way, and benefits from extensive natural screening via hedgerows, mature vegetation, and the natural topography of the land.

“Although the Cornwall National Landscape Area (formerly AONB) lies nearby, the development site is outside its boundary and barely, if at all, visible from it due to intervening features.”

St Merryn Parish Council said in its consultation response: “After consultation by email, the majority decision of the Members of St Merryn Parish Council is to object to this application.”

Refusing the application, Cornwall Council told the applicant: “The holiday pods proposed by this application, by reasons of their appearance and use, would harm the distinctive character and beauty of the surrounding countryside and introduce accommodation where its occupiers would be overly reliant on private cars to access services and facilities required for day-to-day living. In the absence of information to evidence an over-riding locational or business need, the adverse impacts associated with this proposal would significantly and demonstrably outweigh its benefits.”

A lawful development certificate for the use of land at Porthcothan for residential uses has been refused by Cornwall Council’s planning department.

The application, by a Mr and Mrs Martin concerns a property the council believes is used as a holiday letting in Porthcothan.

To achieve a lawful development certificate for the land, the applicants had to prove that there had been a use of the land as a residential garden without permission for the previous 10 years. However, in the eyes of Cornwall Council this could not be proven through satellite imagery, Google streetview and other historical imagery.

The council’s planning officer explained: “The applicants statutory declaration statement refers to their use of the land, which is consistent with the gardeners letter, however the property currently appears to be a holiday let business for up to 10 guests, therefore it is not clear if the land is kept solely for the applicants own private use, and on what basis and frequency of use, or whether it is currently used by holiday letting visitors, and on what basis, the nature of the property's use, whether this current holiday letting use of Bay House is associated with the use of the land, when this use commenced, and so forth.

“Within the supporting planning statement the appointed agent makes reference to support from an Andrew Pritchard, and a Judith Richardson, however these appear to be extracts inserted into the agents supporting planning statement and are not provided as true and complete statements, and are not signed/dated etc, therefore are more extracts from some form of communication, which can only therefore be given limited weight in the consideration of this application.

“In this case although the land has been used for dog walking, sitting in the sun, picnics, and so forth, the question is to what extent is this a domestic garden and residential use of the land to constitute a material change of use of the land. Based on the information and evidence submitted, on-site observations, aerial imagery and streetview imagery at various points in time over the relevant 10 year time period, as set out and discussed within this report, and the limited and lack of evidence, it brings into reasonable doubt that a breach of planning control is currently occurring as a matter of fact with respect to a material change of use of the land at the current level of use and that over the preceding years.

“Based on the information submitted and obtained, there is no clear evidence to indicate a significant, regular and constant use of the Land for residential use of the land, and with reference to relevant planning legislation and case law, on the 'balance of probabilities' there appears to be no current breach of planning control occurring with respect to its use, by way of any material change of use of the Land over the relevant 10 year period.”

Refusing the change of use application, Cornwall Council’s planning department told the applicant: “Based on the documentation provided in support of the application, and having regard to information available to the authority, it is considered that the applicant has failed to demonstrate that, on the 'balance of probabilities', a material change of use of the Land to a residential use of the Land has occurred or that it has been continuous for a period of ten years before the application was validated by the Council on the 24th July 2025.

“As such, the application for a Lawful Development Certificate for the use of the Land known as 'The Meadow' for residential use is refused.”