Bondstones Have Been Instructed by Mr and Mrs Brimacombe of Lower Scadghill, Cornwall to Prepare and Submit a Full Planning Application for a Replacement Dwelling

BONDSTONE S

SUPPORTING STATEMENT

FULL PLANNING APPLICATION

PROPOSED CONSTRUCTION OF A NEW DWELLING (TO REPLACE EXTANT CLASS Q PRIOR APPROVAL CONSENT)

PROJECT REF: AG020852

For: MR AND MRS BRIMACOMBE

At: GRID REFERENCE SS226099 LOWER SCADGHILL HOUSE STIBB BUDE CORNWALL EX23 9HN

LATEST UPDATE: 23.12.2020

PREPARED BY: IAN FIRTH BSc HONS MRICS MTCPA JAMES SHELDRAKE BA (HONS) MSc

SUMMARY

This supporting statement is presented to Cornwall Council in support of a full planning application for the construction of a new dwelling, at grid reference SS 22615 09954 (Land at).

The principle of an additional residential use has been established by prior approval application PA19/07252 (Prior approval for the change of use from agricultural building to dwelling, prior approval not required 16/10/2019).The extant Class Q prior approval and the available permitted development fallback under Class Q are material considerations when considering whether to allow a new residential use in the countryside (this is due to a recent High Court case referred to as the Mansell case).

Due to the site topography / landscape context, it is strongly believed that the fallback position will facilitate the development of a much more appropriate and sensitive scheme compared to utilising Class Q permitted development rights on site.

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CONTENTS

SUMMARY ...... 2 1.0 INTRODUCTION ...... 5 1.1 ABOUT THE APPLICANT ...... 5

1.2 SCOPE OF THIS REPORT ...... 5

1.3 INCLUDED IN THIS DOCUMENT ...... 6

1.4 DOCUMENTS SUBMITTED WITH THIS APPLICATION ...... 6

2.0 TERMS OF REFERENCE ...... 7 2.6 CAVEATS & LIMITATIONS ...... 7

3.0 SITE INFORMATION ...... 8 3.1 SITE LOCATION ...... 8

3.2 SITE DESCRIPTION ...... 8

3.3 OWNERSHIP...... 9

3.4 SITE ACCESS ...... 9

3.5 LOCAL DESIGNATIONS ...... 9

4.0 PLANNING HISTORY ...... 10 4.1 SITE PLANNING HISTORY ...... 10

4.2 NEARBY PRECEDENT AND COMPARABLES ...... 11

4.3 RELEVANT APPEAL DECISIONS ...... 11

5.0 THE PROPOSED DEVELOPMENT ...... 12

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5.1 DEVELOPMENT PRINCIPALS: THE ‘FALLBACK POSITION’ ...... 12

5.2 BIODIVERSITY & ECOLOGY ...... 12

5.3 LANDSCAPE CONSIDERATIONS ...... 13

5.4 FLOOD RISK ...... 13

5.5 SURFACE WATER ...... 13

5.6 FOUL DRAINAGE ...... 13

5.7 HERITAGE & ARCHAEOLOGY ...... 13

6.0 DESIGN AND ACCESS STATEMENT ...... 14 6.1 DESIGN ...... 14

6.2 LAYOUT ...... 14

6.3 ACCESS & TRAFFIC ...... 14

7.0 CONCLUSION ...... 15 APPENDIX A: RELEVANT PLANNING POLICY ...... 16 7.2 NATIONAL PLANNING POLICY FRAMEWORK ...... 16

7.3 PLANNING PRACTICE GUIDANCE ...... 18

7.4 LOCAL DEVELOPMENT PLAN ...... 20

APPENDIX B: RELEVANT CASE LAW; PLANNING PRINCIPLES; APPEALS ...... 23 7.5 RELEVANT CASE LAW ...... 23

7.6 RELEVANT PLANNING PRINCIPLES ...... 23

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1.0 INTRODUCTION

1.1 ABOUT THE APPLICANT

1.1.1 Bondstones have been instructed by Mr and Mrs Brimacombe of Lower Scadghill, Cornwall to prepare and submit a full planning application for a replacement dwelling.

1.1.2 The applicant owns the land in its entirety and have done so for many years.

1.1.3 The scale and use of the building will be entirely commensurate with the site and surrounding / nearby residential properties Scadghill.

1.2 SCOPE OF THIS REPORT

1.2.1 This statement is produced to satisfy the requirements of current Planning Legislation and is intended to summarise the details of the application and the findings / recommendations of any third parties that have contributed to the project to date.

1.2.2 In general, the application has been prepared with National and Local Planning Policy and associated guidance in mind from the outset. In addition, the Local Planning Authority’s ‘Validation Checklist’ has been consulted to ensure that sufficient information has been collated to enable swift validation and determination by the authority.

1.2.3 The report provides an analysis of the site and its context, a description of the proposal and the needs of the applicant together with an assessment of the application against planning policy. The report is intended to be considered in association with the plans and documents submitted alongside this report and which are referenced accordingly.

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1.3 INCLUDED IN THIS DOCUMENT

• Application Summary • Planning Statement • Summary of third-party input & recommendations • Conclusion

1.4 DOCUMENTS SUBMITTED WITH THIS APPLICATION

• PA-01 – Site Location Plan • PA-02 – Proposed Block Plan • PA-03 – PA-100 – Plans, Elevations, Sections, Indicative Perspectives, Birdseye Perspectives • FDA1 Foul Drainage Assessment

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2.0 TERMS OF REFERENCE

2.1 Bondstones 1990 Ltd (Trading as Bondstones) is a Limited Company registered in England (No. 8970430) and is Regulated by the RICS.

2.2 The firm is a multidisciplinary practice specialising in rural planning and architectural services for private landowners located in England, Wales and Scotland.

2.3 Further information about the company can be found on our website at: www.bondstones.co.uk

2.4 This report and accompanying application documents have been compiled by members of the Bondstones professional services team and, where required, has drawn upon specialist technical / third party input from suitably qualified third parties.

2.5 Site analysis and related data collection / analysis is sourced from various suppliers including (but not limited to):

• HM Government • DEFRA / Natural England • The Environment Agency • Historic England • HM Land Registry • Ordnance Survey • Relevant Local Authority Websites

2.6 CAVEATS & LIMITATIONS

2.6.1 This application and documentation provided herewith is prepared for the sole use of the above named client and is accordingly bound by the company’s terms and conditions (T&Cs).

2.6.2 The information provided within this application may become published on public record during the course of determination, however, Bondstones asserts copyright over all original work and no part of this application should be reproduced or relied upon by any third party without express written consent.

2.6.3 Bondstones cannot be held liable for any outcomes following reliance upon information provided in relation to this application.

2.6.4 Where possible all information has been checked and verified during the design process and all information provided within this application has been provided for the purposes of seeking planning consent in good faith. However, Bondstones cannot be held responsible for inaccurate or potentially misleading information that may have been provided. Any errors or omissions – no matter how minor – MUST be reported to the author at the earliest possible opportunity so that corrections and or revisions may be made in good time.

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3.0 SITE INFORMATION

3.1 SITE LOCATION

3.1.1 The proposal site is at: SS226099 approximately 750 metres from the village of Stibb, 2.7km from the popular village of Killhampton and approximately 4km from the town of Bude. The site is also close to the A39.

3.1.2 Plan no. PA-01 (attached with this application) describes the site location and, where relevant, additional land owned.

3.2 SITE DESCRIPTION

Photos of the existing building that benefits from and extant Class Q Prior Approval

3.2.1 The entire land parcel comprises over 20 hectares of land; however, the application site measures less than a hectare.

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3.2.2 The site comprises agricultural land and a steel portal frame agricultural building. The building has been used as an agricultural store / shelter for many years.

3.2.3 The site slopes towards the south.

3.3 OWNERSHIP

3.3.1 The proposed site is owned by the applicant – having previously been owned by the applicant’s father - and it is confirmed that no other parties are known or believed to have any additional ownership interest in the site.

3.4 SITE ACCESS

3.4.1 Access to the site is achieved from an existing access onto the main road.

3.4.2 There are no public rights on or over the site.

3.4.3 The 217 and 218 Bus Services to Bude runs from a stop beside the house.

3.5 LOCAL DESIGNATIONS

3.5.1 The whole site is not located within an Area of Outstanding Natural Beauty (AONB) or Green Belt.

3.6 Similarly, the site is not located within an SSSI, ancient woodland, woodland pasture area or world heritage site.

3.7 There are no known archaeological items of interest on or close to the site.

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4.0 PLANNING HISTORY

4.1 SITE PLANNING HISTORY

4.1.1 A search of the local authority planning website has revealed the following planning history:

PA10/04172: Proposed agricultural access to serve farmland: Approved with conditions PA19/04258: Prior notification of proposed agricultural building: Prior approval not required PA19/07252: Prior approval for the change of use from agricultural building to dwelling: Prior approval not required PA20/02377: Proposed agricultural building: Refusal E1/95/2689: Retention of access previously undertaken without consent (e) [ card 0087 khm: Status: A E1/91/2887: Erection Of A Dwelling [ CARD 0087 KHM ]:Status: A E1/90/3086: Erection Of A Dwelling [ CARD 0087 KHM ]: Status: A E1/90/2391: Erection Of A Dwelling [ CARD 0337 KHM ]: Status: Refusal E1/2005/01481: Erection Of A Replacement Porch And Bedroom Extension To Provide Disabled Access And Facilities: Status: A

FIGURE 1: RECENT GOOGLE EARTH IMAGERY OF THE BARN AND ITS CONTEXT:

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4.2 NEARBY PRECEDENT AND COMPARABLES

4.2.1 Aside from site history, the following recently approved applications within Cornwall and are considered relevant to the determination of this application:

• Planning Application PA20/03889 – Conversion of agricultural barn to 2 dwellings at Land North of Flodden Tor, Boyton, Launceston, Cornwall PL15 8NU – Approved with conditions (09.07.2020) • Planning Application PA20/00109 – Conversion of Agricultural Barn into Dwelling & Associated Works at Land South West of Ferndale Well Lane, Illogan, Churchtown, Redruth, Cornwall, TR16 4QZ – Approved with conditions (18.03.2020) • Planning Application PA18/10384 – Conversion of agricultural barn to form dwelling including detached carport/store, installation of septic tank and improvement to existing access at Nanjewick Farm, Marazanvose, Truro, Cornwall, TR4 9DQ – Approved with conditions (27.12.2018) • Planning Application PA18/07017 – Conversion of agricultural barn to dwelling house (C1) at Pigscombe, Lanreath, Looe, Cornwall, PL13 2PF – Approved with conditions (19.09.2018)

4.2.2 These previously approved applications included both modern and more traditional barn conversions.

4.3 RELEVANT APPEAL DECISIONS

4.3.1 The following appeals concerning the fallback position / Class Q prior notification development have been determined in recent years;

• Appeal APP/D0840/W/19/3230738 – Seven Meadows Farm, Polmarth, Carnmenellis, TR16 6NT – DISMISSED (5.09.2019)

This appeal dismissed the fallback position due to its location within a World Heritage Site. However, as outlined in this statement, the site is not located within such a site, AONB or similar and as such the fallback position still applies.

• Appeal APP/K0235/W/18/3197337 - Land at 3 Great North Road, Chawston, MK44 3BD – DISMISSED (10.09.2018)

The fallback position was not considered sufficient in this case as the fallback position was considered less harmful than the appeal scheme.

• Appeal APP/D0840/W/20/3245100 – Grain Store, Tolcarne, Merock Farm, St Mawgan, Newquay, Cornwall – DISMISSED (15.06.2020)

The inspector for this appeal considered both the fallback option presented by the appellant and the appeal scheme to be inappropriate in the context of the site and design. In contrast, fallback the scheme proposed here is site appropriate, of a high-quality design and ultimately represents the opportunity for site betterment and enhancement.

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5.0 THE PROPOSED DEVELOPMENT

5.1 DEVELOPMENT PRINCIPALS: THE ‘FALLBACK POSITION’

5.1.1 The application site has an extant permission for a Class Q Prior Approval and there have been no material changes in circumstance since the determination of that application that would warrant a different determination. The extant Class Q Prior Approval would result in a dwelling that would be at odds with its surroundings, so the applicant had decided instead to apply for permission for a new dwelling on the site based on the extant permission for a new residential use on the site.

5.1.2 Notwithstanding the extant Class Q Prior Approval, the existence of a permitted development fallback is a material planning consideration in the determination of an application for a new dwelling.

5.1.3 In the matter of Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, the ‘fallback’ position was established; the judge determining that:

5.1.4 “…a scheme confined to taking advantage of permitted development would, in my view, be to the detriment of the site as a whole in visual terms….the current proposal therefore, in my view, offers an opportunity for a more comprehensive and coherent redevelopment of the site as opposed to a more piecemeal form of development that would arise should the applicant seek to undertake to implement permitted development rights”.

5.1.5 In this instance, details of how a Class Q development could be achieved are provided with the extant Class Q Prior Approval application. There has not been a material change in circumstances that would warrant a different determination, so there is a clear permitted development fallback available to the applicant to achieve a new residential use on the site.

5.1.6 The proposed dwelling will have a gross internal area (GIA) of 305 square metres; considerably less than the existing barn once converted (the existing barn can achieve a GIA of 384 of converted under permitted development rights). Given the smaller footprint of the proposed dwelling and the smaller area of floorspace proposed, the proposal will achieve a better outcome than if the extant Class Q Prior approval was built out.

5.2 BIODIVERSITY & ECOLOGY

5.2.1 The proposed dwelling will utilise the existing access and no alterations are proposed to any boundaries, so it is not necessary to undertake any ecological assessments of the application site. If necessary, the applicant is willing to provide ecological enhancement/ biodiversity net gain to tilt the planning balance.

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5.3 LANDSCAPE CONSIDERATIONS

5.3.1 The site located just outside the Cornwall AONB; however, the proposal will be visible outside the site, so the proposal will have a slight impact on the wider landscape. The proposal will have less impact on the wider landscape than the extant Class Q Prior Approval, as the proposed dwelling will better respect the wider form and character of the area than the approved scheme.

5.4 FLOOD RISK

5.4.1 The site has been appraised for flood risk by correlating the site location plan with the EA’s flood risk map for planning (https://flood-map-for-planning.service.gov.uk/).

5.4.2 In addition, the site has been appraised against the new long-term flood risk mapping system; https://flood- warning-information.service.gov.uk/long-term-flood-risk.

5.4.3 The proposed site is clearly located within ‘Flood Zone 1’ an area of low flood probability. Zone 1 is described as land having a less than 1:1,000 annual probability of river or sea flooding. In these circumstances a flood risk assessment is not required.

5.5 SURFACE WATER

5.5.1 The applicant has extensive site knowledge and has been approached to identify areas at risk of localised and historic surface water flooding.

5.5.2 The barn and surrounding area have not been known to flood and is not susceptible to surface water flooding according the Cornwall SFRA.

5.6 FOUL DRAINAGE

5.6.1 The proposal has been designed to connect to a package treatment plant. The Foul Drainage Assessment (FDA1) attached with this application provides more detail of the foul drainage strategy.

5.7 HERITAGE & ARCHAEOLOGY

5.7.1 There is evidence of any heritage or archaeological items of interest on or near the proposed development site.

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6.0 DESIGN AND ACCESS STATEMENT

6.1 DESIGN

6.1.1 The dwelling will be faced with white render walls, natural timber cladding, hanging slate tiles, and standing seam zinc to the main roof. The glazing to the south elevation will be soften by natural timber louvres. The combination of material will reflect the materials used in surrounding farmhouses and agricultural buildings.

6.1.2 The louvres will move automatically throughout the day to provide shading from the sun (i.e., to prevent overheating of the internal areas).

6.1.3 Paragraph 131 of the National Planning Policy Framework states that:

“In determining applications, great weight should be given to outstanding or innovative designs which promote high levels of sustainability, or help raise the standard of design more generally in an area, so long as they fit in with the overall form and layout of their surroundings.”

The proposal will utilise passive solar heating and an intelligent window louvre system to provide shading and to prevent overheating. Together with the large extent of solar panels on the roof, the proposal will provide a more sustainable building design than the poorly insulated agricultural barn and provide a higher quality of development. The innovative design will promote high levels of sustainability and will fit in with the overall form and layout of the surroundings.

6.2 LAYOUT

6.2.1 The scale, form, alignment of the dwelling (west-east), and set back from the road will match the surrounding dwellings. Therefore, the layout reflects the prevailing form and character of the area.

6.2.2 Access into the surrounding agricultural fields will still be achievable and the proposed site area won’t result in the creation of any irregular parcels of agricultural land.

6.3 ACCESS & TRAFFIC

6.3.1 The site has good accessibility both from the highways network – i.e., the A39 – as well as excellent accessibility on site.

6.3.2 Provision has been made within the site for adequate off-road parking and turning, as shown on the site Block Plan submitted as part of the planning application.

6.3.3 Proposed vehicular parking and movements can easily be accommodated on site – and, in any case, will remain commensurate with typical domestic levels / minimal.

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7.0 CONCLUSION

7.1.1 Due to the site topography / landscape context, it is strongly believed that the fallback position will facilitate the development of a much more appropriate and sensitive scheme compared to utilising Class Q permitted development rights on site.

7.1.2 Supporting a prosperous rural economy through the improvement and enhancement of agricultural buildings such as that represented in this application is supported in National Planning Policy - and seems to be similarly supported by local planning policy.

7.1.3 Any traffic can be accommodated on site and will be akin to domestic levels / low (minimal) impact.

7.1.4 Access to the site is good and sufficient for the proposed use.

7.1.5 In short, the economic, environmental, and social benefits of the proposed development seem to outweigh the observable impacts of the proposal. As such the application ought to be approved without undue delay.

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APPENDIX A: RELEVANT PLANNING POLICY

7.2 NATIONAL PLANNING POLICY FRAMEWORK

Para 2

Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise. Decisions on applications should be made as quickly as possible, and within statutory timescales unless a longer period has been agreed by the applicant in writing.

7.2.1 Achieving sustainable development (as outlined above) is emphasised by paragraph 8;

Para 8

Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives):

a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and

c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

7.2.2 Aside from the above general principals, the following paragraphs are believed to be of particular relevance to this application:

Para 127

Planning policies and decisions should ensure that developments:

a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;

b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping;

c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);

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d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit;

e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and

f) create places that are safe, inclusive and accessible and which promote health and well- being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

7.2.3 The NPPF is vocal in supporting a prosperous rural economy;

Para 83

Planning policies and decisions should enable:

a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings;

b) the development and diversification of agricultural and other land-based rural businesses;

c) sustainable rural tourism and leisure developments which respect the character of the countryside; and the retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space, cultural buildings, public houses and places of worship.

7.2.4 Securing well designed places;

Para 130

Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents.

Conversely, where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development.

Local planning authorities should also seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme (for example through changes to approved details such as the materials used).

7.2.5 Conserving and enhancing the natural environment;

Planning policies and decisions should contribute to and enhance the natural and local environment by:

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a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);

b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland;

c) maintaining the character of the undeveloped coast, while improving public access to it where appropriate;

d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures;

e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and

f) remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

7.3 PLANNING PRACTICE GUIDANCE

7.3.1 Planning Practice Guidance (PPG) is a resource hosted online by HM Government and relates to a number of different areas of planning in England. (See: https://www.gov.uk/government/collections/planning- practice-guidance).

7.3.2 Design;

A well designed place is functional

A building or place should be fit for purpose, designed and delivered in a way that delivers the intended function and achieves value for money in terms of lifetime costs. It should be intuitive, comfortable, safe and equally easy for all to use. It should relate well to its environmental circumstances so that occurrences such as flooding, temperature extremes and air pollution do not prevent it from being used.

Paragraph: 016 Reference ID: 26-016-20140306

Revision date: 06 03 2014

A well designed place supports mixed uses and tenures

A good mix of uses and tenures is often important to making a place economically and socially successful, ensuring the community has easy access to facilities such as shops, schools, clinics, workplaces, parks, play areas, pubs or cafés. This helps achieve multiple benefits from the use of land, and encourage a healthier environment, reducing the need for travel and helping greater social integration. A mix of uses also allows communities and places to respond to change more readily by allowing a turnover of activities, for example

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with the same building or space performing different functions across a day, week or season.

Paragraph: 017 Reference ID: 26-017-20140306

Revision date: 06 03 2014

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7.4 LOCAL DEVELOPMENT PLAN

7.4.1 In this case the Cornwall Council development plan consists of:

• Cornwall Local Plan

7.4.2 The Local Authority planning policies believed to be relevant to this application are set out as follows;

Policy 1: Presumption in favour of sustainable development

When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework and set out by the policies of this Local Plan.

We will work with applicants, infrastructure providers and the local community to find solutions which mean that proposals will be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.

Planning applications that accord with the policies in this Local Plan and supporting Development Plan (including, where relevant, with policies in Neighbourhood Plans) will be regarded as sustainable development and be approved, unless material considerations indicate otherwise.

When considering whether a development proposal is sustainable or not, account will be taken of its location, layout, design and use against the three pillars of economic development, social development and environmental protection and improvement.

Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision the Council will grant permission unless material considerations indicate otherwise – taking into account whether:

a) Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or

b) Specific policies in that Framework indicate that development should be restricted.

7.4.3 The development proposed here should be considered sustainable development and supported accordingly.

Policy 7: Housing in the countryside

The development of new homes in the open countryside will only be permitted where there are special circumstances. New dwellings will be restricted to:

1. Replacement dwellings broadly comparable to the size, scale and bulk of the dwelling being replaced and of an appropriate scale and character to their location; or

2. the subdivision of existing residential dwellings; or

3. Reuse of suitably constructed redundant, disused or historic buildings that are considered appropriate to retain and would lead to an enhancement to the immediate setting. The building to be converted should have an existing lawful residential or non-residential use and be ten years old or greater; or

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4. Temporary accommodation for workers (including seasonal migrant workers), to support established and viable rural businesses where there is an essential need for a presence on the holding, but no other suitable accommodation is available and it would be of a construction suitable for its purpose and duration; or

5. Full time agricultural and forestry and other rural occupation workers where there is up to date evidence of an essential need of the business for the occupier to live in that specific location.

7.4.4 The proposed development will make use of an otherwise redundant barn and as outlined above, has been in agricultural use for 10+ years. Re-use and development of the barn with an altogether smaller scale building will enhance the site and immediate setting.

Policy 12: Design

The Council is committed to achieving high quality safe, sustainable and inclusive design in all developments. Development must ensure Cornwall’s enduring distinctiveness and maintain and enhance its distinctive natural and historic character. Development should demonstrate a design process that has clearly considered the existing context, and how the development contributes to the social, economic and environmental elements of sustainability through fundamental design principles.

1. As part of a comprehensive place-shaping approach, proposals will be judged against fundamental design principles of:

a. character – creating places with their own identity and promoting local distinctiveness while not preventing or discouraging appropriate innovation. Being of an appropriate scale, density, layout, height and mass with a clear understanding and response to its landscape, seascape and townscape setting; and

b. layout – provide continuity with the existing built form and respect and work with the natural and historic environment; high quality safe private and public spaces; and improve perceptions of safety by overlooking of public space; and

c. movement – creating a network of safe well connected routes which are easy to read and navigate by the use of landmarks, spaces, views and intersections; and

d. adaptability, inclusiveness, resilience and diversity – building structures can be easily altered, particularly internally, to respond to both climate change and changing social and economic conditions and provide a mix and pattern of uses; and

e. engagement process – undertaking community engagement, involvement and consultation in the design process proportionate to the scheme.

2. In addition development proposals should protect individuals and property from:

a. overlooking and unreasonable loss of privacy; and

b. overshadowing and overbearing impacts; and

c. unreasonable noise and disturbance.

3. For larger developments a balance needs to be achieved between private, semi-private and public open space, which includes allotments, sports facilities, children’s play area provision and natural open space provision. The Council will seek the provision of larger areas of

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multifunctional green space rather than multiple smaller areas as appropriate in larger developments.

7.4.5 The proposal will not result in adverse amenity issues and will be designed to a high specification.

Policy 21: Best use of land and existing buildings

To ensure the best use of land, encouragement will be given to sustainably located proposals that:

a. use previously developed land and buildings provided that they are not of high environmental or historic value;

b. use despoiled, degraded, derelict and contaminated land provided that it is not of high environmental or historic value;

c. increase building density where appropriate, taking into account the character of the surrounding area and access to services and facilities to ensure an efficient use of land;

d. take into account the economic and other benefits (including food production) of Grade 1, 2 and 3a agricultural land. Where significant development of agricultural land is demonstrated to be necessary, poor quality land should be used in preference to that of higher quality.

7.4.6 The proposal is sustainably located, will consequently result in sustainable development and will utilise a building / site that is otherwise minimally used.

Policy 27: Transport and accessibility All developments should:

Provide safe and suitable access to the site for all people and not cause a significantly adverse impact on the local or strategic road network that cannot be managed or mitigated. For major developments to ensure a resilient and reliable transport system for people, goods and services, development proposals should:

1. Be consistent with and contribute to the delivery of Connecting Cornwall 2030, Cornwall’s Local Transport Plan or any subsequent LTPs; and

2. Locate development and / or incorporate a mix of uses so that the need to travel will be minimised and the use of sustainable transport modes can be maximised by prioritising safe access by walking, cycling and public transport to minimise car travel; and

3. Locate larger developments which attract a proportionally larger number of people in the city and main towns or locations which are highly accessible by public transport. Any proposals which do not accord with this will require significant justification and provide clear transport benefits; and

4. Be designed to provide convenient accessible and appropriate cycle and pedestrian routes, public transport and road routes within and in the immediate vicinity of the development; and

5. Be accompanied by an effective travel plan that delivers hard and soft measures to support new occupants in adopting sustainable travel habits; and

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6. Safeguard land for the delivery of strategic transport opportunities including land around existing facilities to allow for expansion and use for future sustainable modes of travel e.g. closed branch rail lines and links to the Isles of Scilly.

7. Provide public transport solutions including park and ride where there is evidence that it will remove traffic from the highway network, is economically viable and that which accord with the appropriate transport strategy for the area.

7.4.7 The site has excellent accessibility and is located close to sustainable public methods of transport. Notwithstanding this, the proposal is small in scale (i.e. minor development) and it is not expected that there will be any adverse impacts concerning transport and access as a consequence of the proposed development.

APPENDIX B: RELEVANT CASE LAW; PLANNING PRINCIPLES; APPEALS

7.5 RELEVANT CASE LAW

7.5.1 In the matter of Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, the ‘fallback’ position was established; the judge determining that:

7.5.2 “…a scheme confined to taking advantage of permitted development would, in my view, be to the detriment of the site as a whole in visual terms….the current proposal therefore, in my view, offers an opportunity for a more comprehensive and coherent redevelopment of the site as opposed to a more piecemeal form of development that would arise should the applicant seek to undertake to implement permitted development rights”.

7.5.3 In the matter of East Herts DC v. SSCLG [2017] 465 (Admin) considered the accessibility of locations for prior approval development. Whilst the development proposed here has been submitted via full planning, this matter concerning accessibility of location should still apply owing to the established fallback position.

7.6 RELEVANT PLANNING PRINCIPLES

7.6.1 In the PPG – paragraphs 108 and 109 – the following has been established;

7.6.2 Paragraph 108: The permitted development right does not apply a test in relation to sustainability of location. This is deliberate as the right recognises that many agricultural buildings will not be in village settlements and may not be able to rely on public transport for their daily needs. Instead, the local planning authority can consider whether the location and siting of the building would make it impractical or undesirable to change the use to residential.

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7.6.3 Paragraph 109: “…That an agricultural building is in a location where the local planning authority would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval”.

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BONDSTONES

Hestercombe House Cheddon Fitzpaine Taunton Somerset TA2 8LG

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