A member of DaSRA's Management Committee attends Deviock Parish Council Meetings and reports on decisions taken on Planning Applications. For more details of specific applications visit Cornwall Council quoting the PA reference number. C read the full Minutes of the relevant Deviock Parish Council meeting here.
Local Planning Applications covering many years can be viewed on the website of Deviock Parish Council click here. In cases where the proposals affect the wider community and are still live, references can be found below.
Planning Application PA22/02608.Subdivision of Yardley House into two dwellings, side extension and change of use of garage into flat (retrospective) and proposed access improvements. This Application was refused by Cornwall Council (see below) who issued an Enforcement Notice on the owners of the property, SRT (South West) Limited. The owners, (the Appellant) have lodged an Section 174 Appeal
Comments on the Appeal can be made directly to The Planning Inspectorate ahead of them deciding on the the Appeal. Go to the Appeal Casework Portal (https://acp.planninginspectorate.gov.uk/: Search For a Case No. 3324517.: Submit Search: Make Representation". Save and Continue.
Deadline is 29 August . It should be noted that if residents want to make their views known, the comments MUST be made directly to the Planning Inspectorate - facebooks posts , sadly, have no impact on their decision!
January 2023. Planning Application PA22/10346. Land Off Trerieve Estate Downderry Torpoint Cornwall PL11 3LY
Construction of seven dwellings with integral parking areas including associated landscaping works with variation of condition 2 of decision PA18/04907 dated 05.11.2018
DaSRA - Downderry and Seaton Residents Association - asks that serious consideration is given to the Comments submitted by Deviock Parish Council and by the many residents of Trerieve who have all raised objections to the Variation of Condition 2, granted in May 2018. DaSRA is in agreement with the concerns raised in relation to the redesign's impact on the skyline.To describe this current application as offering " a more cohesive form of development to the already approved 7 detached dwellings on land at Trerieve, Downderry, Torpoint " leaves the community wondering why permission was granted in 2018 when the original application did not seek to achieve a"cohesive development". To justify the proposed changes, the applicant admits that they have found "through the construction process that this is a difficult and challenging site to develop. It requires the removal of a rock face to accommodate the approved dwellings". One would have assumed that the original application should have addressed that reality- concern about the resulting impact of excavation of the rock face was logged by many of the Comments objecting to the May 2018 Application. Surely the necessary evaluation was conducted before planning permission was approved.In reviewing this project, could we ask that Cornwall Council & Highways visit the development as it currently exists in various states of build to satisfy themselves that the development will not cause traffic/car parking/ emergency vehicle accessibility problems. These houses are being built right up to the pavement and the Comments logged by residents are detailing inevitable problems that could follow in an already congested area and cul de sac. Will enforced parking restrictions support the households' requirement to park their cars in the integral parking areas?
March 2022 ; Planning Application PA22/02608. Subdivision of Yardley House into two dwellings, side extension and change of use of garage into flat (retrospective) and proposed access improvements.
The Planning Committee of Deviock Parish Council considered this application at their meeting on Thursday 28 April 2022. The decision taken by Cllrs is summarised in the following submission posted on the relevant Cornwall Council Planning website under Consultee Comments click here.
Deviock Parish Council objects to this application on the following grounds:
MATERIAL CHANGE OF USE
The original/current Use Class of Yardley house is C3(a) ? a single Dwelling house.
The applicant is openly advertising and promoting the site as a 29-bedroom Holiday Park. This is clearly a Class E (Commercial, Business and Service) or Sui Generis classification and requires appropriate planning permission.
CONTRARY TO NPPF
Paragraph 6.2 of the application refers to the NPPF 2021.
As a commercial holiday park, Yardley House contributes in no way to the "supply of homes", nor will it ever do so if the unauthorised change of use is retrospectively permitted. Far from being conserved, the historic character of the building has been lost as a result of the applicant?s development.
CONTRARY TO LOCAL PLAN
Policy 1 - Sustainable development
Policy 12 ? Design
Policy 21 - Best Use of Land
Policy 22 ? Mitigation to offset harmful impacts arising from increased recreational pressure on European protected site
Policy 26 - Coastal Change
CONTRARY TO PRE-SUBMISSION NDP
Policy CC2 - CCMA - No provision for protection in the Erosion Zone is being made, without which any developments on this site cannot expect to achieve a 70-year lifetime.
Policy H1 - Far from supporting small-scale development that meets local needs, this proposal for retrospective change of use and development as a holiday park contributes to an already acute shortage of affordable homes as available stock is exploited for holiday letting.
Policy H3 - The property is not being used as a principal residence, nor - despite the applicant's statements - is there any evidence that it will ever be.
Policy HNE1 - Proposed alterations to the boundary wall and changes that have been made do not protect the historic character of the site.
DESIGN
The principal development was carried out without required permissions and neither Deviock Parish Council, Cornwall Council nor residents were provided with their rights to consultation and comment. Planning considerations were ignored and the two-storey extension on the north face of the main building, the conversion of the existing garage into accommodation with the addition of an extension, the addition of balconies, patio and windows to the south were all undertaken without consideration to appropriate design and the environment.
IMPACT ON RESIDENTIAL AMENITY
The development at this site was undertaken without consideration for impact of change of use from a single residential property to a holiday park already being actively promoted to accommodate 29 guests and 11 dogs to the detriment of neighbours and other residents. Despite providing off-street parking, this change of use in the central village location adds significant vehicular traffic to an already strained highways infrastructure - particularly during oversubscribed holiday periods. Impact on service ? electricity, water, sewage ? from change of use should also be considered.
OVERLOOKING
Windows on northern extension overlook neighbours and cause light pollution. Complaints have also been received relating to smells and fumes from BBQs and fire pits.
OVERDEVELOPMENT
The centre of Downderry village is already subject to extremely high volumes of visitor traffic, particularly during the holiday season. This causes problems for residents and issues with public transport and emergency vehicle access.
COMMENTS
Between 2019 and 2021, Cornwall Council Planning Department was notified on a number of occasions by the Parish Council and members of the public of possible planning breaches on this development, including change of use. The Parish Council was advised by Cornwall Councillor Richard Pugh several times that Enforcement officers were actively engaged on this case and would report back. However, despite several requests for information from the Parish Council, the only response forthcoming was that enforcement was progressing, but at a slow pace; no details were given.
The Parish Council has not been party to, nor informed of, any advice provided to the applicant by Cornwall Council Planning or Enforcement (despite its repeated requests) and feels that retrospective planning consent to a development and change of use of this scale in the heart of the community sets a dangerous precedent.
It should also be noted that, with the NDP a few weeks from submission, the development of new homes in the Coastal Erosion Zone would not be permitted. However, this would not prevent developments on existing footprints similar to Yardley House, should retrospective approval be granted, as this type of development is not covered by the NDP policy.
Should the view of the Planning Officer be at odds with that of the Parish Council, then the Parish Council reserves the right to request that the application be called in for decision by committee.
26 April 2022: DaSRA submitted the following Comment on Cornwall Council's Planning Application website page, alongside other comments from residents. click here
"Downderry and Seaton Residents Association - DaSRA - is mandated to represent the interests of the wider community of Downderry and Seaton and, with that remit, it is appropriate to make a comment on this application seeking retrospective approval for work already carried out on, as well as seeking permission for further development of, Yardley House.
We would consider it reprehensible if this application was approved as it would effectively give a green light to developing any property or site, ahead of receiving the appropriate planning permission. It is important that all communities have trust in the decision making processes of our local authorities, and transparency and consistency is central to securing this trust. If retrospective permission were to be granted, the community has a right to expect full disclosure of the reasons why. DaSRA would seek that explanation to pass onto residents who may seek understanding of the process
This site has been operating as a holiday-let business without any due process that would consider its impact on the local community. Yardley House is in the centre of the village, in close vicinity of residential homes and further development to increase its capacity should meet the expectations of residents. We note that a previous application for this site (PA18/03296) was withdrawn without reason, but development has gone ahead. Comments received by near neighbours deserve maximum consideration as the impact on their lives in what hitherto has been a residential area is unacceptable. Downderry, along with its neighbouring village Seaton, is already experiencing a deterioration in its infrastructure, with increased traffic use by both commercial and private vehicles but with no increase in investment to mitigate the impact of continuing development. A detailed analysis of the application would question many details in the application submission, indeed other Comments received have gone to great lengths to do so and the views expressed by local residents should be respected and considered in the decision process. Suffice to say that DaSRA supports their submissions and, in line with our remit, we ask that this application be dismissed.
Previous related PLANNING CORRESPONDENCE: May 2019
YARDLEY HOUSE, DOWNDERRY
Extensions to existing property under permissive development.
At the last full Parish Council meeting a resident had raised concerns that work to extend Yardley, a property in the centre of Downderry, seemed to far exceed the allowance for ‘Permissive Development’ under which building activities were being undertaken. A more liberal but temporary interpretation of permissive development was taken by the Cameron government in 2013 but limitations were still applied, particularly with regard to extending a beyond the building line of a property’s front elevation. Almost all of the very considerable extensions to Yardley are at the front (or road facing) side of the property. Deviock Parish Council requested clarification from Cornwall Council’s Planning Enforcement team who have since inspected the work being undertaken. Upon inspection the Enforcement Officer considered that the extensions being added to the front of the building exceed those allowed under Permissive Development. The owners however contend that the front elevation of Yardley is its sea-facing side and work is being carried out at the ‘rear’ of the property. At the time of the meeting this difference of opinion had not been resolved and the Enforcement Officers are undecided whether or not to serve an enforcement notice.
GENERAL DISCUSSION ON OVER-DEVELOPMENT IN DEVIOCK
The lack of support for the Parish Council’s objection to PA18/07517 prompted a lively discussion about a poor appreciation at County-level of the issues resulting from over-development within Downderry and Seaton. The point was made that Deviock’s infrastructure, particularly the roads, cannot sustain the high levels of development applications currently being approved. Cougncillors said that, as custodians of the Parish, they feel strongly that Parish Council recommendations are not fully understood by Planners and Planning Committee members when assessing development applications that will negatively impact the character of the Parish. They consider that each individual application is viewed in isolation and the holistic effect when viewed alongside other developments is being ignored.
The County Councillor, Richard Pugh, said that the National Planning Policy Framework (NPPF) does not enable Planners to take a holistic view of developments in an area and that each application must be viewed discretely. He did say that, once in place, the Deviock Neighbourhood Plan should provide an additional planning safeguard but considered that this could be seven months away. A Parish Councillor responded by saying that the existing piecemeal approach to planning approval fails to consider the cumulative negative impact of the currently high number of applications upon the character of the Parish and their overall effect on an already marginal infrastructure.
Another Councillor said that he had attended a recent Cornwall Council Planning meeting where an application for the construction of an infill property on a narrow plot in Brenton Road was under consideration. He expressed disappointment at the lack of engagement by Planning Committee members and the low level of scrutiny given to the application despite evidenced objections raised by both residents and the Parish Council. Statements made by speakers both for and against the development were not seriously questioned nor were they challenged. Despite the fact that one Planning Committee member arrived part-way through proceedings they were still permitted to vote. The fact that an outline planning application for the site had been approved in 2013 but had now lapsed seemed to be the overriding consideration in the Committee approving this application by twelve votes to one.
The County Councillor offered to arrange for a senior member of Cornwall Council’s Planning Department to attend a Deviock Parish Council meeting to listen to the concerns of Council members The point was made that two members of Cornwall’s Planning Department had previously attended a meeting but this had not resulted in any perceivable improvements to planning diligence. The offer however was welcomed by the Committee. They did recommend that, prior to attending a Council meeting, the nominated Planning Officer should view the sites of recently approved developments and those where applications have yet to be decided. This should provide them with a better understanding of the concerns of Councillors and the community as a whole. It was agreed that it would be best if this could be scheduled to coincide with the Parish Council’s AGM as this would provide the best opportunity for members of the public to attend.
10 January 2019: Notes from Deviock Parish Council Meeting Report following attendance by DaSRA Committee Member Maura Swabey
Affordable Housing
• A conference call was made by Cllr Lloyd et al to Andrew Prendegast (AP), Rural Housing Enabler working with Cornwall Council and Karen Hill-House (KH-H), Hastoe Housing Association project manager as to what their thoughts were regarding developing the site on Treliddon Lane (TL) for housing on land currently owned by John Jaycock( JJ ) and Dean Luxton (DL).
• KH-H explained that the delay in moving forward with this development was caused in part by restructuring within Hastoe.
• There were some issues with TL as it may be too expensive to progress – planning permission alone was very expensive and there were other considerations that would increase the price of development [drainage and electricity was mentioned] and also being able to purchase the land with DL owning the strip between (possible ransom strip) the JJ land.
• It was asked by a Councillor if CRHA could move their development ie. Broads Yard (BY) to the TL site.
• AP said that although the TL Development has been longer in the pipeline, the CRHA scheme was further along the way in its development.
• Cllr Lloyd explained to the meeting that should Hastoe not secure an option on the TL site, then CRHA could be asked if they would be interested in it.
• AP said that they were not stalling the TL development as the village could have need for both the TL development and the Broads Yard Development as the way they would be acquired i.e. TL would be mainly for sale and some rental and the BY development would be solely for rental and both developments could happen. AP did not think that a TL development would jeopardise the BY development. Hastoe be given until the next meeting of DPC (in February) to decide how they are going to proceed.
Traffic (Agenda item 8.1.2 To debate a request to Cornwall Council for a new highway to serve Downderry and Seaton)
Various problems and solutions were cited regarding the road that connects Seaton to Downderry.
• Road needed if road fails – coastal erosion
• Road sinking either side of Seaton Bridge
• Weight limit be put on road
• No more building until road is made suitable for heavy vehicles
• Ask Highways on CC what they think the sustainability for the next 50 to 100 years on the maintenance and future of this vital road.
PLANNING COMMITTEE MEETING 22 November 2018
URGENT BUSINESS:
Request for an “Update on the status of Hastoe Housing Association’s negotiations for the purchase of land in Treliddon Lane for affordable housing”
Hastoe Housing Association have stated that phase two of survey investigations at the site had not yet taken place but sketched plan proposals for two options for development of the field had been received. As the site is in multiple ownership Hastoe Housing Association say that this has made any development more difficult. Options were discussed that might move forward the process of securing affordable housing at the site. This has been driven by the fact that there has very little progress over the last few years. It was agreed that an early site meeting be set up with Hastoe Housing Association in order to assess the situation and to take matters forward.
FEEDBACK FROM CRHA OPEN EVENTS - Coastal Zone presentations November 2018 from Dave Gatland, Vice Chairman of Downderry & Seaton Residents Association
Earlier this month Cornwall Rural Housing Association (CRHA) hosted two open events at the Zone where they presented proposals for an affordable housing development adjacent to Broads Yard car park. More than 140 residents attended these sessions and had the opportunity to view plans and layouts as well as questioning CRHA on their proposals.
The comments made by those attending these sessions were remarkably consistent with their principal observations being: -
I know many who attended CRHA’s open sessions completed the questionnaire that was issued. CRHA will be considering that feedback before submitting a formal Planning Application which they expect do before the end of December. Once this is received by Cornwall Council’s Planning Department, residents will have a standard 21 days within which to submit written or online comments in support of, or objecting to, the application.
Producing these submissions in a coordinated and focused manner will be more effective than doing so as individuals on ‘scattergun’ approach. Central Government has decreed to all Councils that there will be a presumption in favour of development approval. There are only eleven grounds for objection that Cornwall Council’s planners will consider as being valid. These are: -
Anything other than these will be disregarded by both the Planners and the Planning Committee. Some amongst us may feel like objecting on the basis that approval of the CRHA application would create a precedent for opening-up the remainder of the hillside to less affordable and invasive development. Planners however will advise the Planning Committee that they are unable to take this into account when making their decision. They can only consider the application that’s in front of them, not potential implications. This makes it vital therefore that those of us not in favour of this development include objections majoring upon the grounds listed above.
It has been suggested by a number of residents that it would be beneficial to hold a public meeting just as soon as CRHA have submitted their plans and we’ve had an opportunity to study their final proposals. This would provide an opportunity to debate, agree and coordinate objective and consistent grounds to include in our individual written or online letters supporting or objecting to the application.
I will monitor Cornwall Council’s Planning Register and, once the CRHA application is published, I will contact you again with a view to scheduling an early public meeting.
6 November 2018
Cornwall Rural Housing Association has announced that, following the first “Drop in” Session to view a proposed affordable housing development at Broads Yard, Downderry, held on 6 Nov, “An additional Consultation/Information opportunity for their proposed affordable housing scheme for Downderry will be held at the Zone on 15 November between 7.15pm and 8.30 pm. This further date has been arranged in response to a number of request from people unable to attend within the time period on 6 Nov. Forms will be available to complete for residents to comment on the proposal to build new affordable homes on land at Broads Yard. Such comments will be considered by CRHA and their design team to inform their plans. This consultation does not form part of the formal planning application consultation process. Notice of the planning application will be posted on site and in the press and there will be the opportunity to submit formal comments to the Planning Department.”
26 October 2018
Dave Gatland, Vice Chairman of Downderry and Seaton Residents Association (DASRA) keeps abreast of activities concerning Planning Applications for Downderry and Seaton. He writes here on the current situation ahead of an Open Meeting planned for 6 November.
You may have noticed recent activity on the hillside to the West of Broads Yard car park. Having no authorised vehicular access to this land from the village, it appears that, last week, the owner entered the land with a tractor and flail via the public car park. The tractor then stripped vegetation from a large part of the hillside, destroying habitat, blocking the brook with cuttings and leaving a large opening in the car park’s perimeter hedge. Cornwall Council subsequently raised an enforcement notice and, this week, the brook has been cleared and a rudimentary fence erected at the owner’s expense.
As you’re probably aware, the land in question is privately owned and has been the subject of a number of historic planning applications. The owner has, it seems, has now offered to sell a tract of this land to Cornwall Rural Housing Association (CRHA) who wish to build 12 “affordable homes” adjacent to and parallel with the car park to the south of Morweth View. The sale will be contingent upon approval of a planning application for these 12 properties to be submitted by CRHA during November.
I’m sure that most residents recognise the need for affordable housing the parish. Public meetings held and questionnaires received as part of the Neighbourhood Plan process for Deviock Parish resulted in the identification of, and support for, alternative sites (Trelidden Lane and Narkurs) for housing development. The land to the West of Broads Yard was overwhelmingly rejected by residents, many of whom expressed concerns about, limited building here creating a precedent for subsequent applications to develop the remainder of the hill.
Cornwall Rural Housing Association will be hosting an open event at The Zone on the afternoon/early evening of 6th November. This will be an opportunity for residents to view plans, ask questions and voice any concerns they may have about the proposed development. I would encourage as many people as possible to attend thereby ensuring that they are fully informed about this proposal and its implications. Please see the notice (below) for details of the event.
Dave Gatland: info@dasra.co.uk
25 Oct 2018
Planned Development of Broads Yard Hillside
A planning application will be submitted in November by Cornwall Rural Housing Association (CRHA) for the development of 12 affordable homes on the land immediately adjacent to Broads Yard car park. An open day is being arranged by CRHA to enable Downderry and Seaton residents to inspect and discuss their plans. This will take place at The Zone in Downderry on 6th November and will be open from 2:15pm, closing at 6:45pm. Residents who may have concerns about the implications of this upon a longer-term and wider-scale development of the hillside beyond the site may wish to raise these at the event.
PLANNING APPLICATION UPDATES
A core objective of the Downderry and Seaton Residents Association, as stated in our Governing Constitution, is as set out below:
DASRA seeks to ensure that proposed developments are appropriate to, and in character with, the local environment by using its independence to make the necessary connections to resolve issues - for example those involving planning, transport, the environment.
To this end, a member of the DASRA Management Committee attends the monthly Planning meetings, held by Deviock Parish Council, and, when appropriate, at Cornwall County Council’s Eastern Sub-division Planning Committee.
DaSRA's role is neutral and will not directly support or object to any specific application. Instead we will assess the impact of developments proposed within the villages of Downderry and Seaton and ensure that all who are likely to be impacted are fully informed about the application. Where appropriate, the Residents Association will offer support and advice as to what action(s) may be taken to ensure that local views are fairly and objectively taken into account by Planners and Councillors.
