Lanner Parish Planning Committee Minutes 11 September 2018

Lanner Parish Council Planning Committee Minutes of a meeting held on Tuesday 11 September 2018 in Lanner Village Hall.

Present: Cllr Luscombe (Chair), Cllr Marshall, Cllr Repper, Cllr Wearne, Cllr Rabey, Cllr Blewett, Cllr Anson & Cllr Wood
In attendance: Elaine Youlton, Clerk
Garry & Rebecca Vitta

The meeting was preceded by a period of Public Participation during which time representation was received on the following application:
PA18/07288: Location: Berwyn – Pennance Road
Garry and Rebecca Vitta explained their application and offered further details in relation to parking arrangements

PL18/83: Apologies: Cllr Bosworth (Other Commitment)

PL18/84: Declarations of Pecuniary and/or Non-pecuniary Interests relating to items on the agenda and the details thereof.
None submitted.

PL18/85: To consider written requests for dispensation.
None submitted.

PL18/86: To accept minutes of the last planning meeting.
Minutes of the meeting held on 10 July 2018 were approved and duly signed by the Chairman.

PL18/87: Matters arising from minutes.
None submitted.

PL18/88: To consider the following applications:

Application PA18/07288
Proposal Demolition of existing bungalow and erection of 2 no. dwellings to site
Location Berwyn Pennance Road Lanner TR16 5TF
Applicant Mr & Mrs Garry Vitta
Council was advised by the applicant that an increase to two parking spaces will be provided to the rear of the property lying west. It was noted that the unadopted lane from leading from these two parking spaces to the public highway should be shown edged red on the site plan.
Resolved Subject to the receipt of an amended proposal showing the provision of two parking spaces within the boundaries of the property, Council offers NO OBJECTION to this proposal.

Application PA18/06910
Proposal Change of use of part of land for stationing of agricultural and construction machinery and temporary parking of motor vehicles and general maintenance
Location Cresta Chapel Hill Lanner Redruth
Applicant Mr S Dugdale
Resolved: The site has planning consent for a glasshouse and workshop 17 06 2015 and this is a retrospective application for activities conducted since 2016.

1. There are currently two planning applications for the property Cresta (PA18/08155 and PA18/06910) and it is noted that there appear to be anomalies regarding ownership of land, between and within the applications (see below). In order to address these, achieve swift resolution and afford meaningful appreciation of the site, Council consider it would be helpful if both applications were considered by the same Planning Officer. Perhaps adjustment to case load can facilitate this.

2. The advertisement referred to in the application papers does not relate to this development but to the proposed alterations and extension to the house. In fact, there does not appear to have been any public notice published forPA18/06910 although the site and location plan clearly show ownership of part of the site, through which the access drive runs, is unknown or unclear. It is suggested that the absence of published notice invalidates the application.

3. The site has prominence in the landscape and adjoins the Tresavean Trail which is part of the World Heritage Site (though the land adjoining the Trail is not). It forms an important part of the setting of the World Heritage Site and the World Heritage team have raised objections to development proposals on land adjoining the Trail elsewhere (including a possible site for affordable housing suggested at an early stage in the Lanner draft NDP).

4. The intensity of the proposed parking of vehicles and machinery (which will include notably large vehicles) will adversely affect the landscape which has a dominance over Lanner village to the extent that it cannot be satisfactorily mitigated. Similarly, it will have an adverse visual effect for users of the Trail (a public bridleway).

5. The applicant’s record in conforming to the landscaping conditions in the permission of 2015 does not encourage belief that any future undertakings with regard to landscaping will be diligently performed in reasonable time, if at all.

6. Access to the property is via a narrow country lane. Considerable damage to hedges has already been caused by heavy goods vehicles travelling to and from the site. The proposed use would exacerbate this considerably.

7. Due to the steep sloping nature of the access road to the site and the restriction of the road width for the turning of vehicles, most would need to progress by use of a left turn when exiting the site. The road narrows further up Chapel Hill. It is considered that turning manoeuvres could prove dangerous in a rural location frequently used by walkers, cyclists and horse riders; as well as being ever more detrimental to the hedgerows.

8. The applicant enjoys a vehicular right of way over part of the Tresavean Trail. The turning difficulties described above are likely to necessitate use of that permitted right of way (not indicated on the application plan) by larger vehicles in particular. When the access right was granted, a low level of activity would have been assumed. The proposed intensity of use places an actual and potential unacceptable degree of wear and tear on the Trail surface for which the applicant has no liability to repair and maintain. This is an historic asset which requires reasonable protection from excess use and abuse.

9. The proposal effectively would confer to the site a full commercial use for the parking, storage and repair of vehicles and machinery. Such a use is not suitable in such a rural location. If there should be an inclination to grant a permission on the site beyond that already authorised, any repair work done to any vehicle or machinery must be restricted to being undertaken wholly within the workshop permitted under the 2015 consent.

10. The site is a considerable (and steep) walk from the Lanner Inn which leads council to question its practical usefulness to patrons of the public house. If it is considered to permit the parking of vehicles and machinery on the site then numbers should be limited and should ONLY be for vehicles or machinery wholly owned by the applicant or his immediate family. This is to prevent the site becoming a commercial vehicle park.

11. The application refers to the parking of two motor homes. If it is considered to allow parking of these vehicles, they should be in the ownership of the applicant and NOT occupied at any time for any residential or holiday purpose either temporary or permanent.

12. The 2015 planning application firmly tied in part of the “blue” land to the site – this is where mitigating landscaping works were to be carried out. That land should ideally form part of this application.

13. The parish council pointed out when the previous application for an extension of the applicant’s residence at Cresta was submitted earlier in the year that the Land Registry does not show the land between this site and the house (a large chunk of the “blue” land) as being in the ownership of the applicant. Can the applicant now confirm that all of the “blue” land is within his ownership? That said, the location plan also shows this “intermediate” land as not coloured in any way, suggesting unknown ownership. Further, the ownership boundaries (red and blue) for this application do not correspond with those for the house extension or the Land Registry plan.
14. The draft Lanner NDP is now submitted for Examination with an appointed Examiner. This application is not supported by policies within that NDP and the parish council therefor OPPOSES this application for the reasons given above and as expressed in the following draft NDP Policies.

POLICY SEVEN: Where appropriate, proposals for new development will be assessed against the following criteria.
1) The development must demonstrate how it will integrate into the existing surroundings.
4) The proposal will need to demonstrate it meets the requirements of all the policies of this Plan and takes account of the character and appearance of the natural and historical environment of the area.
5) The proposal will need to establish a strong sense of place.

POLICY EIGHT: Any new development proposal must show that it will conserve and enhance the landscape and natural environment of the Plan Area.

POLICY TEN: Within the Plan Area, existing public rights of way and means of public access provide a high level of amenity value and will be protected and wherever possible enhanced by development.

POLICY THIRTEEN: The landscape and its historic features on the south and west slopes rising from Lanner village to Tresavean and encompassing the skyline parallel to the Mineral Tramway will be afforded a sense of value and protection that its inclusion as part of the World Heritage Site and its surrounds deserve. In particular, any development here must demonstrate that landscape and features will be conserved, enhanced and unharmed.

POLICY FOURTEEN: The significance of designated Heritage Assets within the Parish must be recognised and given the requisite level of protection and respect

Application PA18/08155
Proposal Demolition of existing kitchen, bathroom and utility and the erection of a two storey extension to the west side and a two-storey extension to the east side. Location Cresta Chapel Hill Lanner Redruth
Applicant Mr S Dugdale
Resolved As with application PA18/06910 the indication of boundaries shows some anomalies. The boundaries of the site plan (red and blue edged) bear no relation to the Land Registry entry. Council enquires if the applicant is claiming possessory title of the land beyond that identified in the Land Registry entry? In addition, the land edged blue is different from the land shown on the application for vehicle and machinery storage in PA18/06910. The fact that a notification of the application has been published in the West Briton suggests there is some uncertainty regarding title.

As with the previous application PA18/03270, subsequently withdrawn, subject to clarification on the matter of ownership and boundaries, Council offers NO OBJECTION to the application.

Application PA18/08233
Proposal Construction of a rear and side first floor extensions
Location New Bell Bell Veor Lanner TR16 6AN
Applicant Mr & Mrs Matthew Bowden

Resolved: Council offer No Objection to this application.

PL18/89: To note the following Pre-Applications:
None submitted

PL18/90: Correspondence:

CC invitation to attend Planning Conference – resolved Cllr Luscombe would attend at Penzance.

NDP – confirmation had been received that all documents had been submitted to the appointed Examiner

PL18/91: Decision notices:
Closed – advice given
Applicant: JJ Construction (SW) Ltd
Location: Land South Of Chy Lowen Tresavean Lanner Cornwall TR16 6AL
Proposal: Pre application advice for construction of two affordable traditional dwellings and two open Market Dwellings
Applicant: Mr And Mrs Louis-Smith
Location: Land North Of Bawdenfield Trevarth Hill Lanner Moor Cornwall TR16 6DS
Proposal: The construction of a single dwelling house on previously developed land to round off the settlement

Applicant: Pluck And Hall
Location: 30 Strawberry Fields Lanner TR16 5TD
Proposal: Various works to Elm Tree

PL18/92: Enforcement Reports:
An invitation had been received from CALC to apply for a place as part of a group to discuss working with Cornwall Council to establish working arrangements for communication on enforcement within the confines of GDPR. An application had been submitted by the Clerk but it was not anticipated that a place would be offered.
Gyllyvean Gardens – Cllr Wood had contacted Ward Member, Cllr Thomas to express concern that a property was being offered outside of the conditions imposed by planning consent. As no reply had been received this enquiry would now be submitted to the Cornwall Council Enforcement Team.

PL18/93: Any other planning matters at the discretion of the Chairman.
Cllrs attention was drawn to the agreed protocol for attending site visits.

PL18/94: Confidential Matters:
In line with protocol requested by Cornwall Council, Council moved to closed session where members of the public were excluded, and confidential matters relating to Enforcement Actions were discussed.

There being no other business the meeting closed at 8.10pm.


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