An application relating to a new housing development in Keveral Gardens, Seaton has raised concern among residents about the impact on light pollution affecting Seaton Valley.
Deviock Parish Council Chairman, Mark Gibbons and County Cllr Armand Toms have followed up the issues raised in a current application from the developers addressing the provision of street lighting. Although the original plan was originally approved in the 1960s , subsequent submissions established that permission remains valid, so the focus is now on reducing the impact of lighting. After discussions with the DPC Chair, the development company ha agreed to a revised application for unobtrusive, low level downlighting at the properties that would cause minimal light pollution.
Deviock Parish Council Facebook will update residents on any developments as they arise.
Deviock Parish Council Statement on application to discharge conditions at South Shores, Keveral Gardens development
PA21/12685 | Submission of details to discharge conditions 2, 4 and 5 of application no. PA17/04940
https://planning.cornwall.gov.uk/.../applicationDetails...
History
This application is to obtain approval for various elements of the design not fully detailed at the time of the 2017 application PA17/04940. This 2017 application itself was for approval of Reserved Matters relating to a Planning Application approved back in 2011.
The original planning application for this site was approved in the 1960's and was resubmitted in the 2000s to establish that this remained valid.
Although (then) Caradon District Council council rejected this assumption, the site owner argued that development had already started, stating that the existing houses on Keveral Gardens were phase 1 and that the access road into the rest of the site had already been constructed.
It went to appeal but despite investing significant resources, Caradon District Council lost the case in 2007.
As a result, the application is subject to 1960s regulations and despite the best efforts of both Caradon and Cornwall Council to limit the impact of potential development, their hands were tied as a result.
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Street Lighting
The element of the current application that is of particular concern for residents relates to the provision of street lighting.
Condition No 2 of the 2017 Approval requires that details, of any street lighting within the site, be submitted and approved before commencement of the development, in accordance with National and Cornwall Planning Policies.
The drawing submitted with the application to discharge the condition shows a total of twelve 2.5m high lamp posts evenly spaced along the private road of the development. There is no reference to how this lighting will be controlled.
The reason listed for this condition states that it is “in the interest of highway safety”, however the development is a private road at the end of an unlit private cul-de-sac so highways concerns would not seem relevant in this case.
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Planning Process / Public Comment
As this is an application for discharge of conditions, the Parish Council is not automatically consulted or invited to comment.
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Deviock Parish Council Response
On being made aware of residents’ concerns Deviock Parish Council immediately contacted our Cornwall Councillor to discuss the case.
Cllr Toms contacted the Planning Officer concerned and was informed that, as a result of the complex history of this application, they would be unable to refuse the current proposal for street lighting if it was progressed, as it complies with National and Cornwall Planning Policies.
Cllr Toms and DPC Chair agreed that the developers should be contacted to see if they were prepared to change their submission for twelve 2.5m high lamp posts in the interests of residents of Keveral Gardens and the wider parish community.
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Parish Council Solution
Further to a telephone call from the DPC Chair, the Chief Executive of the development company agreed to submit a revised application for unobtrusive, low level downlighting at the properties that would cause minimal light pollution with as little impact as possible on the neighbourhood.
As there is no legal or planning requirement for them to so, this concession is entirely discretionary and a goodwill gesture to residents.
If followed through it will appear on the Cornwall Council Planning Portal in the usual way in due course.
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Residents of Keveral Gardens have created a change.org petition to express their concerns but should note that petitions count as a single comment in planning terms.
Given the special conditions that apply to this application, and the Planning Officer’s view that refusal of the developer’s lighting proposals would be impossible, Deviock Parish Council is of the view that the negotiated solution here represents the best option for residents and that it is not possible for it to progress this further through the planning system and legal framework.
Further comments should therefore be addressed to the Planning Officer through the Cornwall Council Planning Portal here:
https://planning.cornwall.gov.uk/.../applicationDetails...
It should be noted that although the portal currently displays the message “This facility does not accept comments on this type of application”, some residents have been able to so by contacting the Planning department directly.
You will also find links for reporting problems and enforcement on our website here:
https://www.deviockparish.org.uk/contact/report-a-problem/