PLANNING NEWS: TWO PLANNING SUCCESSES IN CORNWALL

PLANNING NEWS -TWO PLANNING SUCCESSES IN CORNWALL

PLANNING NEWS: TWO PLANNING SUCCESSES IN CORNWALL

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Rural Solutions has had two recent planning successes working in Cornwall.

In October we secured planning consent, working with local architecture practice Studio Arc, and Skipton based nationwide and international developer, Candelisa, for the conversion of the former St Peter’s Church Rooms in Port Isaac to two new family homes. Following a pre-application enquiry with the local authority and a sensitive design treatment for this highly prominent building at the entrance to the historic centre of Port Isaac consent was granted under delegated powers by Cornwall Council.

The Church Rooms are located in both the Port Isaac Conservation Area and North Cornwall Area of Outstanding Natural Beauty and in granting delegated approval, planning officers noted that: ‘the proposal will maintain the special character and appearance of the Conservation Area as well as conserving the landscape character and natural beauty of the AONB in this location.’

Also in Cornwall, Rural Solutions has been successful in securing the removal of a local occupancy restriction on one of three beach side houses in Polzeath. The restriction was removed at appeal based on the applicant’s ‘fall-back planning consent’ of an alternative planning consent without any restriction. The Planning Inspector, J Wilde, acknowledged in his November appeal decision the ‘fall-back consent’ in his decision to allow the local occupancy restriction to be removed. Rural Solutions had previously been involved throughout the planning application process in relation to the achieving the ‘fall-back consent’ and also securing consent for the later three house scheme. Rural Solutions worked on the appeal with Jonathan Easton QC of Kings Chambers.

The case law regarding fall-back consent that was applied in the case can be used in other cases to deliver a better consent than might otherwise be achieved. For example in relation to replacement houses or structures, a case can often be made that the proposed development will have a similar or better impact than might otherwise be achieved. We are happy to discuss with landowners how we may be able to assist in this regard.

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