Newsletter 17, Page 3

Planning Matters

White Cross, Cury

In November 2001, we made representations to Kerrier District Council, opposing a proposed development of six houses at Lamana, White Cross, Cury.  We did so as the proposal was located within an Area of Outstanding Natural Beauty, within a Heritage Coast area and outside the Local Plan’s development boundary of the village; accordingly, the development proposal was contrary to national and local environmental policies.  Nevertheless, we have received a communication from Kerrier District Council informing us that the proposal was approved in February, subject to conditions.  Most significant of these is a requirement that the dwelling houses shall have a maximum floor space of 100 square metres, excluding any attached domestic garage, to ensure that the development constitutes ‘affordable’ housing on rural ‘exceptions sites’.  What this means is that ‘cheap’ houses can be built in the countryside on sites that would be deemed unsuitable, in planning terms, for other housing.  It will be interesting to see who buys and lives in them !

 

Halwyn, St Keverne

The most recent planning application at Halwyn, for a ‘temporary’ mobile home, adds further credibility to our view that, within Kerrier, some developers see such applications as the first step towards achieving permission for a new house in the countryside.  Such an incremental and ‘thin end of the wedge’ approach would

be an abuse of the planning system, in our view.  We, together with our friends in the CPRE, try to remain vigilant for these cases which are always contrary to national and local environmental planning policies.

After the fiasco of approval for a similar application at Treginges, also St Keverne, which Kerrier’s Planning Committee approved despite the strongest advice from planning officers, we objected to the Halwyn proposals as contrary to the provisions of the Local Plan.  When it became apparent that Kerrier was minded to approve the application, it was called in by the Government Office for the South West and a Local Inquiry has now been arranged for 23 July 2003.  In our letter to the Planning Inspectorate, we again voiced our concern that the Council’s Planning Committee behaves irresponsibly and does not have proper regard for national and local planning policies.  If possible, we propose to attend the Inquiry.

 

Kestle Barton, Manaccan

We made representations in the development control process about the various proposals at Kestle Barton and have now been informed by Kerrier District Council that the application to convert redundant barns to form three residential units has been called in by the Office of the Deputy Prime Minister.  This means that there will be a local Inquiry to decide the application, instead of being dealt with by Kerrier District Council’s Planning Committee.  The date has not yet been set but we hope to attend when notified.

Kerrier Planners meet with the Government Office for the South West

 

Members may have seen reported in the West Briton, on 29 May 2003, that – “Planning officials from Kerrier Council have been called to a meeting with the Government Office of the South West next week for a polite ticking off.  They have been summonsed to the meeting because of the number of times the Council’s Planning Committee has ignored current policies and guidelines.  Members came close to doing so again at their meeting on Thursday over the issue of providing homes for local families.”

While it is understandable and commendable that elected Members are trying to encourage affordable housing in a District with high property prices and low wages, it is essential in our view that the selected sites must accord with other planning policies set out in Government guidelines, the County Structure Plan and the emerging Kerrier District Local Plan.  Ignoring their own planning policies, particularly environmental policies designed to protect the countryside against inappropriate development, has resulted in an increasing number of planning applications being called in by the Government, as exampled above and in other cases reported in our earlier Newsletters.

A Press Release issued by Jon Pender, the Planning Officer, reports that Kerrier Councillors and Officers met officials from the Government Office for the South West on 3 June, stressing . . . “that they wanted to work together on the common interest of helping to deliver more housing, especially ‘affordable’ housing, in ways that are consistent with planning principles.”  Friends of the Lizard will continue to support all appropriate development proposals that are “consistent with planning principles”, while opposing those that violate the environmental provisions of the Local Plan.

Review of the Planning Enforcement System

The Planning Green Paper, ‘Planning – delivering a fundamental change’, announced that the current enforcement arrangements would be reviewed.  Accordingly, The Office of the Deputy Prime Minister has published a Consultation Paper entitled ‘Review of the Planning Enforcement System in England’.  The document’s Introduction says:

 

“The Green Paper set the ambitious task of delivering a fundamental change in the planning system.  For development control generally, the measures proposed are not for the most part fundamental in a structural sense.  They are essentially about making the system we have work better.  Not just faster but more responsively and more transparently so that people are treated better, understand what is happening and are involved more in planning decisions which affect them and the areas in which they live.  For that we need improved procedures, better management, more resources and, not least, a change of attitude to develop a more customer-oriented approach. 

The outcome of the Planning Green Paper consultation was announced on 18 July 2002.  ‘Sustainable Communities: delivering through planning’ sets out a comprehensive package of reforms to deliver a step-change in the operation of the planning system to make it faster, fairer and more predictable.”

 

“The Green Paper recognises that effective enforcement is central to ensuring that public confidence in the planning system as a whole is not undermined.  This view was echoed by people responding to the Green Paper.  It is all very well trying to speed up handling of planning applications, but if people carry out development without bothering to apply for planning permission at all, that brings the system as a whole into disrepute. Abusing the system is not just unfair.  More than that, unauthorised development can in some cases be dangerous or damaging to the environment.”

 

“Planning Policy Guidance Note 18, on enforcing planning control, stresses the importance of prompt and effective

enforcement action by local planning authorities to tackle unauthorised development, which is unacceptable on planning merits.”

 

“The Green Paper said that the current system was complex and cumbersome, and difficult and expensive for local planning authorities to operate.  It said that the system would be reviewed to try to make it simpler.  Particular issues mentioned were: looking again at the case for making breaches a criminal offence;  increasing penalties so that they were more of a deterrent, and reviewing the arrangements whereby people can effectively buy extra time to enjoy the benefit of unauthorised development by appealing against an enforcement notice to the Secretary of State – a system in which the developer has little incentive to co-operate.  These issues are all examined in this consultation paper, and views invited.”

 

Friends of the Lizard will be particularly keen to see how these issues proceed and will make appropriate representations whenever possible.

Newsletter Page 3

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