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 has refused an application to remove the obligations placed under a Section 106 planning condition.

Mr Ravi Gupta applied to the authority with an application to modify or discharge of a planning obligation and restrictions which were set as part of planning approval for the removal of holiday occupancy conditions from 28 lodges associated with the Hustyn’s holiday resort.

The permission had been granted subject to the applicant entering into a Section 106 planning obligation to make the development acceptable.

This comprised of nine parts, namely: access to the brasserie for community groups as a meeting space, use of the brasserie for graduation events by community groups, provision of lifeguard and first aid courses free of charge for children under 16, free access to the play park, tennis court and crazy golf, use of the stables by a community group, use of the community garden by a community group, school access to the swimming pool and provision of access to the polytunnels for lodge owners to encourage use of the allotments.

The applicant sought to remove these requirements.

They cited six reasons, including financial concerns over not doing so.

These were: that at no time has any of the Schedule 2 obligations and restrictions referred therein have been exercised.

“The applicant has encountered financial difficulties in maintaining the full scope of the hotel and spa and has to recently, close the spa, do a round of redundancies, and more recently, has done a round of layoffs. Currently, both the hotel restaurant and brasserie are closed.

“As such, the Applicant is unable to fulfil his obligations to allow use of the brasserie and restaurant.

“Further, the Applicant has a potential buyer who would like to add value and do a general refurbishment with a substantial investment.

“The potential buyer is unable to complete the purchase with these obligations in place.

“Without the lifting of these schedule two obligations, the hotel faces a very real chance of complete closure.”.

However, these reasons were refused by Cornwall Council, who refused to permit the amendment.

They said in response: “No evidence has been provided to suggest that the s106 no longer serves a useful purpose beyond to say that none of the provisions within the obligation have been taken up by community groups. It is unclear the reasons underpinning this lack of uptake, and it cannot be concluded that this demand / uptake will necessarily persist going forward. Furthermore, it is also noted that the applicant indicates in his submission that some of the facilities, namely the spa, brasserie and restaurant, are currently closed, and some staff have been laid off. This lack of availability will inevitably perpetuate further lack of usage by community groups.

“The applicant has highlighted the financial difficulties facing the resort, but this has not been evidenced. It is asserted that the potential buyer is unable to complete the purchase with these obligations in place, but no supporting correspondence has been submitted to attest to this position, nor has any commentary been provided attesting to why a future owner would not be able to honour the commitments of the obligation. These commitments were considered acceptable and workable when the agreement was entered into and must not at the time have been considered to impose an undue operational burden on or impact the commercial viability of the enterprise.

“It is considered that the lack of uptake to date is insufficient, particularly in light of the unavailability of facilities, to conclude that the obligation no longer serves a useful purpose. It is possible that future owners would want to reopen the said facilities and may be able to do so on a commercially viable footing.”

For more details see reference PA24/02205.

Sanctuary Affordable Housing Limited is seeking pre-application advice to provide affordable rent apartments and a new care home at the former Cormac Solutions site at Higher Trenant Road, Wadebridge .

Cornwall Care was acquired by Sanctuary in October 2022. The portfolio comprises 13 operational care homes, two closed care homes, one site cleared of a care home and two vacant sites, all spread around the county. There is an additional site being considered in Wadebridge which was last used as office space and is currently owned by Cornwall Council. It is this site which the submitted proposals relate to.

The application comprises the development of a new-build care home incorporating 66 beds and the conversion of the existing office building to provide 26 affordable rented apartments. Both aspects of the development will be complemented by associated communal and support facilities, gardens and parking. The apartments would be a mix of one and two bedroom units, arranged within the existing building

For more details see reference PA24/00908/PREAPP.

Works to a tree near Launceston has been refused by Cornwall Council.

The work proposed to undertake work to reduce the height of a tree at Egloskerry, near Launceston.

Refusing the application, the authority said: “The views of the Tree Officer are accepted. The proposed works are not considered to be acceptable. The proposed works lack enough evidence of fungal infection to justify their extent, and there are no concerns regarding the stability of the tree at present.

“As such the proposed works cannot be supported and if allowed would result in a detrimental impact upon the amenity of the local landscape, contrary to Policies 1, 2 and 23 of the Cornwall Local Plan Strategic Policies 2010-2030, Policy C1 (7) of the Climate Emergency Development Plan Document February 2023 and Paragraph: 091 Reference ID: 36-091-20140306 of the Tree Preservation Order and trees in a conservation areas section of the Planning Practice Guidance. It is noted that the works to remove dead wood may proceed in accordance with British Standard 3998 2010, as these are exempt under the Town and Country Planning Act TPO regulations.”

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