Barbican Road Housing Development, East Looe

28 September 2018

NOTICE OF APPEAL

Your ref: 

My ref:PA17/05908

Dear Sir/Madam

Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009...

I am writing to let you know that an appeal has been made to the Ministry of Housing, Communities and Local Government in respect of the following planning application and an Informal Hearing will be held on a date yet to be arranged. I will write to you again when a date for the Hearing has been confirmed.

MHCLG ref:	APP/D0840/W/18/3203046
Cornwall Council ref:	PA17/05908
Appeal start date:	27 September 2018
Proposal:	Outline planning application (means of access to be considered in detail) for the development of up to 100 dwellings (including 50% affordable housing - Use Class C3), affordable Care / Extra Care Home (Up to 50 beds - Use Class C2 / C3), associated access, parking, infrastructure (including retaining structures), landscaping and open space.
Location:	Land On The East Side Of Barbican Road East Looe Cornwall
Appellant:	Mr And Mrs K. Hards, A.Hards, S.Kennard
Cornwall Council decision:	REFUSED

You may view the documents relating to this case online at http://planning.cornwall.gov.uk/online-applications or at this office during normal working hours.

We have forwarded all the representations made to us on the application to the Planning Inspectorate and the appellant (unless they are expressly confidential). These will be considered by the Inspector when determining the appeal.

If you wish to make further comments, or modify/withdraw your previous representation, you can do so online using the Planning Inspectorate website at: https://acp.planninginspectorate.gov.uk

If you do not have access to the internet, you can send your comments to:

The Planning Inspectorate, Nadia Hussain, Room 3/M, Temple Quay House, 2 The Square, Bristol, BS1 6PN.

All representations must be received by 1 November 2018. Any representations submitted after the deadline will not usually be considered and will be returned. The Planning Inspectorate does not acknowledge representations. All representations must quote the MHCLG appeal reference.

Please ensure that you only provide information, including personal information belonging to you, that you are happy will be made available to others in this way. If you supply information belonging to a third party, please ensure that you have the permission to do so. More detailed information about data protection and privacy matters is available on the Planning Inspectorate Web Site.

You can get a copy of The Planning Inspectorate’s booklet, “Guide to taking part in planning appeals” free of charge from this office or from GOV.UK at https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-or-enforcement-appeal

The Council’s reasons for refusing permission for this development are as follows:

Reasons:

1. The scheme is considered to be contrary to the housing policies of the Cornwall Local Plan; the development is not rounding off or a rural exception scheme and is not an allocated site.  The identified harm to the landscape which the sites development would have along with the conflict with the development plan means that the proposal cannot be considered as sustainable development and does not outweigh the benefits of the scheme. The scale of the current development proposal in this location will not be appropriate to the character and appearance of the area which is considered to have an adverse impact in the landscape with loss of 4.41 hectares of Grade 2 Agricultural land that would in the opinion of the Local Planning Authority erode the rural character on the edge of a settlement and create significant harm within an Area of Great Landscape Value contrary to Policies 1, 2(1); 3(3), 9; 21 and 23 of the Local Plan (including saved Policy CL9 of the Caradon District Local Plan); and guidance contained within paragraphs 2, 7, 11, 17, 109 and 112 of the National Planning Policy Framework.   
   
   
2. The application fails the statutory derogation tests as there is no imperative reason of overriding public interest for the development. The submitted application is considered to be contrary to Policy 23(d) of the Cornwall Local Plan and the Conservation of Habitats and Species Regulations 2010.
   
   
3. A number of buried archaeological features have been identified within the development area by the geophysical survey some of which are likely to be prehistoric or later date. It has been recommended that a programme of archaeological evaluation trenching to determine the nature, extent and quality of survival of these identified features, as well as some test trenching of otherwise ‘blank’ areas be undertaken prior to determination as this is part of the initial site assessment. A Written Scheme of Investigation, including a proposed trench plan, is required for submission, evaluation and approval before determination of this planning application. In the absence of such further information and proper evaluation before determination of a planning application, the submitted application does not accord with Policy 24 of the Cornwall Local Plan and guidance contained within Section 12 of the NPPF.
   
   
4. In the absence of a mechanism to secure the provision of affordable housing; an affordable extra care housing scheme; public open space on site including a Multi Use Games Area and other spaces with future management and maintenance in perpetuity; offsite financial contribution towards educational infrastructure and highway improvements on the local network for which there is evidence of an identified need, the proposal is considered to be contrary to Policies 6; 8; 13; 16 and 28 of the Cornwall Local Plan; guidance contained within paragraphs 7, 17, 50, 72 and 73 of the National Planning Policy Framework 2012 and CC Guidance on S106 Planning Obligations for Education Provision (April 2012). 

Should you require any further information in connection with this appeal, please telephone me.

Yours faithfully

Megan Arnold

Apprentice (Planning Enforcement)

Planning and Sustainable Development Service Tel: 01208 262816

Email: planningappeals@cornwall.gov.uk

_________________________________________

21st November 2017

Cornwall Council decision: to refuse permission

Planning application PA17/05908 for 100 houses and a 50-bed care home on the east side of Barbican Road with a newly formed entrance between the existing gate and the traffic restriction opposite Looe Community Academy is refused.

August 2017

The Looe Strategy Group's reaction to the application was that this would represent a very sizeable development (larger than Barratt's Phase 1) and that building on this scale is not appropriate for the site or for Looe, particularly with Barratts Phase 2 still to come forward.

Although we support affordable housing development of a sensible scale to satisfy local need and site constraints, we ask that the applicant withdraws the application and engages in a meaningful public consultation, not just presenting the plans to the town council, so that the community's views on the development proposals can be established and any forthcoming ideas incorporated into a revised scheme.

We note the applicant's statement refers to Rural Exception Site Policy 9 of the Cornwall Local Plan which says: "the development of land outside of but adjacent to the existing built up areas of smaller towns, villages and hamlets to provide affordable housing to meet local needs will be supported where it would be well related to the physical form of the settlement and appropriate in scale, character and appearance". It continues: "the inclusion of market housing will only be supported where the Council is satisfied it is essential for the successful delivery of the development."

However, during the examination of the Cornwall Local Plan the Inspector specifically asked for Policy 9 (until then called Affordable Housing Led Schemes) to be renamed "Rural Exceptions Sites” so as to align with and engage the definition in the National Planning Policy Framework (NPPF) in respect of size and this was accepted by the Council at hearings in May 2015. 

The NPPF Glossary defines Rural Exception Sites as: "Small sites used for affordable housing in perpetuity where sites would not normally be used for housing. Rural exception sites seek to address the needs of the local community by accommodating households who are either current residents or have an existing family or employment connection. Small numbers of market homes may be allowed at the local authority’s discretion, for example where essential to enable the delivery of affordable units without grant funding."

We suggest therefore that for any affordable housing-led scheme to qualify as exceptions housing in Cornwall it will now require to be 'small' in nature before other criteria are considered. Cornwall's Local Plan Team advise that most Rural Exception Sites are around 20 to 25 units or smaller and we regard this as an acceptable upper limit for Looe.

This site does not appear to fall into any of the categories listed under the Cornwall Local Plan Policy 3 Paragraph 3 which states:
Other than at the main towns identified in this Policy (Looe is not identified as a main town), housing and employment growth will be delivered for the remainder of the Community Network Area housing requirement through:

• identification of sites where required through Neighbourhood Plans
• rounding off of settlements and development of previously developed land within or immediately adjoining that settlement of a scale appropriate to its size and role;
• infill schemes that fill a small gap in an otherwise continuous built frontage and do not physically extend the settlement into the open countryside. Proposals should consider the significance or importance that large gaps can make to the setting of settlements and ensure that this would not be diminished;
• rural exception sites under Policy 9 

Data recently provided by Cornwall Council for the Liskeard and Looe Community Network Area indicates a high level of house building activity in the area since 2010. The total of planning permissions granted and houses completed up until April 2017 indicates that more than 1,600 new homes are expected to be delivered during the Cornwall Local Plan period (2010-2030) against the target figure of 1,500 resulting in a surplus to the area's obligations under the Plan. 

More housing data here >> http://looestrategygroup.blogspot.co.uk/p/blog-page.html

SUMMARY OF ADVERSE IMPACTS OF THE DEVELOPMENT PROPOSALS:

• The Cornwall Council's Housing Trajectory shows a projected house building figure of over 1,600 new homes for the Liskeard and Looe Community Network Residual Area between 2010 and 2030 - this already exceeds the target for the Cornwall Local Plan period by 109 units.
• The Affordable Housing Team however inform us there are 231 applicants on the Homechoice register seeking rented accommodation in Looe, slightly down from six months ago. Of these 146 are classified in Band E as adequately housed with nil welfare priority or with savings/equity of more than £75,000. There are 61 applicants within bands A to C that have a local connection to Looe and these have a priority need.
• Looe has several current permissions providing circa 35 to 40 units of affordable housing soon to be built and it is considered that the remaining demand would be better met by a number of smaller developments of a scale on a par with the 15 places at Glebelands.
• The applicant is seeking approval under Policy 9 of the Cornwall Local Plan for Rural Exception Sites. These are defined in the NPPF Glossary as being "small sites used for affordable housing". Most exception sites are 25 units or smaller and the scale of the proposed development (50+50+50 units) would go well beyond compliance with Policy 9.
• Policy 3 Para 3 of the Cornwall Local Plan sets criteria for development outside of the main towns of Cornwall (Looe is not classed a main town). The proposal also fails this policy on all counts because it is not included in any neighbourhood plan and it does not comply with criteria for rounding off, infill or a rural exception site.
• Two and three storey buildings are proposed and would result in an adverse impact on the landscape in an Area of Great Landscape Value due to the site being prominently situated at the highest point in East Looe and thereby extending the distant visibility of the built-up area of Looe over the brow of the hill towards the north and east.
• There would be a loss of Grade 2 agricultural land, the best and most versatile to be found in Cornwall.
• Around 100 metres of ancient Cornish hedging and wildlife habitat would be destroyed as a result of engineering works to provide sight lines at the newly formed entrance as happened at the Barratts, St Martins Road development.
• There is no alternative vehicular route to the areas of Barbican, Plaidy or Kellow for emergency services (e.g. fire service vehicles) if the Barbican Road were to become blocked.
• Water run-off would potentially exacerbate the situation on St Martins Road in an area where flooding and landslips have occurred. It could also impact Millendreath and the viability of the peat bog on which some of it is built.
• The development would introduce a significant number of open-market properties to Looe in addition those yet to be built on land adjacent to St Martins Road attracting more incomers to the area.
• Looe's infrastructure is already under stress - roads/ traffic, sewage treatment works, bathing water quality and health services. The Health Centre has confirmed in its statement to planning that it would find it difficult to meet the demands of an increasing population, especially another care home, from this and other new developments in the pipeline.
• Planning history is a material consideration. There was a planning application for a park-and-ride on the site refused in 1993 due to concerns over traffic on Barbican Road and adverse impact on an Area of Great Landscape Value. (see below)

Previous planning application dated 1993 ref E2/93/20266 CDC or 593/0918/CDC 01/11/1993 - Refused

Seasonal Use of Land as Car Park in connection with Park & Ride Scheme on land situated at Land Pt OS 0050 Barbican Road, East Looe (Grid ref: 2605 5460)

The application was received on 24/08/1993. The application has been dealt with in accordance with SB16 of the T&CPA 1990 and the provision of Reg 3 of the T&CPG Regs 1992. The Services Sub-Committee meeting held on 29th October 1993 passed a resolution to refuse the above application for the following reasons:

1) In the opinion of the Local Planning Authority the proposed development would generate a considerable increase in vehicular traffic along Barbican Road, which is a busy road with restricted visibility, and is inadequate to cater for such additional vehicles and traffic emerging from the proposed means of access. Would likely create hazardous conditions to other road users.

2) In the opinion of the Local Planning Authority the scale of engineering works envisaged to provide a vehicular access to the site would result in the loss of a valuable length of cornish hedge and the proposal would be detrimental to the visual amenities of this sensitive part of a special Area of Great Landscape Value.

3) In the opinion of the Local Planning Authority the proposal is premature pending a proper survey of the need for park and ride sites in the area.    

The link below directs to the application documents on Cornwall Council's website...

PA17/05908 Outline planning application (means of access to be considered in detail) for the development of up to 100 dwellings (including 50% affordable housing), Care / Extra Care Home (Up to 50 beds), associated access, parking, infrastructure (including retaining structures), landscaping and open space. 

Looe Town Council called another special meeting of full council on 27th September 2017 to review minor changes to the planning application PA17/05908 now described as...
Outline planning application (means of access to be considered in detail) for the development of to 100 dwellings (including 50% affordable housing – Use Class C3), affordable Care / Extra Care Home (up to 50 beds - Use Class C2 / C3) associated access, parking, infrastructure (including retaining structures), landscaping and open space. 

The application was again unanimously recommended for refusal. It was previously considered on 21st August when it was decided to object due to the proposals not meeting the policies in the Cornwall Local Plan and because the size of the development was not in keeping with the aspirations of the emerging Neighbourhood Plan for smaller pockets of affordable-led housing development. The meeting was attended by the applicant and their agent, the case officer and members of the public but the final decision however rests with Cornwall Council.