PA23/08657: An application for a certificate of proposed lawful use or development for a single-storey infill extension to the front of a property at Little Petherick has been refused by Cornwall Council. 

Mr Thomas Cowling applied to the local authority for the work at the property known as Riverscape, in Little Petherick, between Wadebridge and Padstow.

A planning officer’s report accompanying the refusal notice detailed of the application: “This application is for a Lawful Development Certificate for a proposed single storey infill extension to the front of the property known as Riverscape, located in Little Petherick. Section 192 of the Town and Country Planning Act 1990 provides for anyone to apply to the local planning authority (LPA) for a certificate of lawfulness of proposed use or development. 

“This certificate is a statutory document certifying the lawfulness for planning purposes of any proposed use of buildings or other land, or any operations proposed to be carried out in, on, over or under land. 

“The planning merits of the use, works or operations referred to in this certificate of lawfulness are not relevant and are not therefore an issue to consider in the context of this application. It is intended to assess the need for planning permission and not the merits of the scheme, so policies designed to assess the merits of the proposal would not be relevant. 

“Site description: the application site comprises a detached dwellinghouse, constructed following conditional consent PA21/00016, situated within the Camel Estuary Cornwall National Landscape (AONB). The conditions attached to said consent did not restrict ‘permitted development’ rights, i.e. these are intact, however the dwellinghouse is on article 2(3) land. 

“For the purposes of the determination of this LDC application, there are no further landscape designations or area constraints applicable. 

“Proposed development: the proposal consists of an infill extension to the front, constructed under the originally approved car port. The external finishes proposed, as specified on the elevations drawing, include painted rendered walls with grey doors, windows and facias - matching the palette of materials used in the construction of the exterior of the existing dwellinghouse.”

Cornwall Council told the applicants it was refusing the application on the following grounds: “On the basis of the documentation provided, the Local Planning Authority considers that the proposed single storey infill extension to the front of the property, at Riverscape, Little Petherick, Wadebridge, Cornwall, PL27 7QT would require planning permission as the works do not fall within the limitations and restrictions of Permitted Development as set out under Class A of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). 

“This is because the site is within the Camel Estuary Cornwall National Landscape (AONB), article 2(3) land, and the development would include the cladding of the extension with render. In addition, the enlarged part of the dwellinghouse would extend beyond a wall which forms the principal elevation of the original dwellinghouse.”

PA20/05442: An application for the conversion of a dwellinghouse, an erection of a single storey rear extension and conversion of four outbuildings to provide for nine supported living units with associated staff accommodation and an office at a property near Bodmin has been approved by Cornwall Council. 

This is despite concerns being raised about the road safety in the area, with the entrance to the property said to be on a steep hill carrying the A389 between Bodmin and Wadebridge. 

One objection, from Bodmin Town Council, read: “Bodmin Town Council’s Planning Committee agreed not to support this application on highways and traffic issues, including concerns over vehicular access to the local pub and camel trail entrance.”

An initial objection by the Highway Development Management – East team was withdrawn after negotiation with the applicant. In their submission, the applicant said: “Following an extensive period of negotiation, and the submission of additional information including new proposals in respect of access and layout I can now offer additional comment in respect of this proposal.

“All plans on file shown as submitted on 24 September 2021 are the final iterations and address the concerns raised previously. Concerns regarding the adequacy of the access, visibility both emerging and forward, width, gradient and internal layout, along with the impact on the highway in the immediate vicinity have now been satisfactorily addressed and/or mitigated.

“The revised proposals, as per plans received on file on 24 September 2021 are accepted. Conditions should secure these proposals in full, including full construction, surfacing and drainage details for the access and internal road, footway widening, bus stop protection measures, visibility splays and a construction-phase traffic management plan.

“An informative will also be necessary to advise that working on, to or from the public highway will require the additional consent of Local Highway Authority (Streetworks Licence or Section 278)Subject to these conditions, it is considered that safe and suitable access has now been demonstrated, and therefore, I withdraw my objection to this proposal.”

Cornwall Council approved the application subject to multiple conditions. 

These included conditions related to drainage, restricting usage to that of a supported living accommodation only, approval of a submitted construction management plan.”