Appeal 6000698

The appeal is allowed and planning permission is granted for the use of land for 4 camping pitches, provision of septic tank, stationing of horse-box trailer for sale of refreshments, retention of existing w.c./shower block at [site address] in accordance with the terms of the application, Ref PA24/06585, subject to the conditions in the attached schedule.

An application for an award of costs was made by [name] against Cornwall Council. This application will be the subject of a separate decision.

The main issue is the effect of the proposed development upon highway safety.

The appeal site is located at the end of a single width track which is accessed from [address]. The track forms part of the [site address] but is also able to be utilised by vehicles in order to access various landholdings, including the appeal site itself.

The length of track between [address] and the appeal site is quite narrow with very few places for pedestrians to take refuge. However, it is relatively short and straight, meaning that almost its entire length is visible from one end to the other. As such, vehicles travelling along it can see if any other vehicles are coming the other way. At worst, if two vehicles were to enter the track at either end, at the same moment, one of them would have to reverse a very short distance in order to safely let the other pass. Indeed, at both ends of the track, at the junction with [address] or immediately outside of the site entrance, there is plenty of space for vehicles to manoeuvre in such a way. I also noted during my site visit that visibility when accessing [address] from the track is perfectly sufficient.

Clearly, this is likely to be a well used route for pedestrians and cyclists. However, any vehicles travelling along the track would inevitably have to travel very slowly due to its constrained width, meaning that any potential for conflict between vehicles and users of the trail is highly unlikely. I note that comments from a third party have suggested that the track is currently very infrequently used by vehicles due to the nature of the different landholdings and their various access points.

However, even if this is the case, it is a fact that the track can currently be utilised by vehicles. Moreover, while users of the facilities would likely be fairly reliant on private vehicles to move around, the number of trips arising from the proposed four camping pitches would inevitably be fairly limited. I also consider it to be highly unlikely that members of the public would seek to drive along the track in order to access the small refreshments facility.

As a result of the adequate visibility along the track, its current potential to be used by vehicles, and the limited additional journeys arising from the proposed development, I am satisfied that there would not be an unacceptable level of harm in relation to highway safety. Indeed, it is notable that neither the Council’s public rights of way team, or the Highway Authority, have objected to this proposal. I therefore conclude that the development would conform with Policy 27 of the Cornwall Local Plan Strategic Policies 2010-2030, the relevant aspects of which seek to ensure that new development is safe for all users in highway terms.

I note that the Council has referred to the Manual for Streets as part of their appeal statement. However, the proposed development, and the resulting vehicle movements, would not harm the ability of different people to utilise the track, or harm people’s feeling of safety. I therefore do not find that there is conflict with this guidance.

Various objections have been received from third parties. I have had careful regard to all of the comments made. Concern has been raised about the ability of emergency vehicles to access the appeal site along the track. However, the track is already in use and clearly has been for some time. Moreover, given the lack of objections from the Highway Authority, and based on my own observations during my site visit, I can see no reason to conclude that such access would not be possible, or that there could be harm in this regard.

The proposal would provide four parking spaces which would be adequate for the number of camping pitches. Given the limited size of the proposal, and the distance from existing properties, I can see no reason to conclude that any noise or disruption emanating from the camping pitches or the refreshment facility would result in unacceptable harm to existing nearby residents. Moreover, the appeal site is already well screened from existing properties and there would be no harm in relation to privacy.

The development could result in enhancements to biodiversity through additional planting, while the submitted evidence relating to protected species appears to be robust. A septic tank is proposed to deal with waste. The Council has not objected to that arrangement, and I can see no reason to disagree. The Council’s adopted local plan, notably Policy 5, supports the development of new tourism facilities where they would be of an appropriate scale and accessible by a range of transport modes. Given the limited size of the proposal, and its location close to the [site address] and bus stops, I am satisfied that the location is appropriate.

The site is a well contained area of grassland. Given the topography of the land, the limited extent of the proposal, the existing planting, and the potential for additional landscaping, I am satisfied that the development would not result in harm to character and appearance.

Three cottages close to the junction of the access track and [address] are noted as being [name] listed buildings. Their significance, insofar as it is relevant to this appeal, is derived from their attractive appearance, including slate roofs, brick chimneys and gable ends. Given the relatively secluded nature of the appeal site and existing screening, I am satisfied that the proposal would not harm the significance of these designated heritage assets.

Appendix 2 of the Council’s appeal statement includes a previous appeal decision wherein the Inspector gave greater weight to the knowledge of local residents than the lack of any specific objections from the Highway Authority. However, I have set out why I have concluded that the development would be acceptable in this instance, and so this matter is not a determinative factor in my decision.

The site is within the zone of influence of the Penhale Dunes Special Area of Conservation (the SAC). This area supports an important assemblage of species including [name], Petalwort and [name]. The objectives for the site are to ensure that its integrity is maintained or restored as appropriate, and to ensure that it contributes to achieving favourable conservation status of its qualifying features.

The SAC is an important recreational and economic resource. It is well frequented by the public and it is possible that occupants of the proposed development would visit the site. It is necessary for me, as the competent authority, to conduct an Appropriate Assessment in relation to the effect of the development on the integrity of the SAC.

The evidence before me is clear that the proposal, particularly when combined with other development in the area, could have a likely significant effect on the SPA due to an increased disturbance through recreational activity.

The parties have agreed a financial sum in accordance with the Council’s adopted [name] which can be put towards infrastructure or non-infrastructure projects. The Council has confirmed that this strategy has been agreed with Natural England and that the payment has been received. Indeed, the completed Section 111 form is before me as part of this appeal.

I am therefore satisfied that the contribution would sufficiently mitigate the level of harm likely to be caused by the development and would be pursuant to the Council’s adopted strategy. I therefore find that the proposal would not result in an adverse effect on the integrity of the SAC.

I have imposed conditions to identify the relevant timescales and plans in the interests of certainty. The plans condition does not include the submitted landscaping plan given that such details are to be agreed as part of a separate condition. The landscaping and external lighting conditions are required in the interests of character and appearance. A condition to limit the occupation of the camping pitches to certain times of year is necessary to adhere to the Council’s spatial strategy. Finally, a barrier is necessary in this instance to prevent occupiers of the site turning onto the [site address] .

The proposed development is in accordance with the development plan when considered as a whole. Having had regard to all matters raised, I conclude that the appeal should be allowed.

The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

The development hereby permitted shall be carried out in accordance with the following plans: 2310-006 (Location Plan); 2310-008 [name] (Proposed site plan); and 2310-009 (Existing wc/shower block, Proposed mobile coffee horse box).

The camping pitches hereby permitted as identified on drawing number 2310- 008 [name] shall only be occupied inclusively between the 1st of March and 31st of October.

Prior to the first use of the camping pitches hereby approved a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall provide planting plans with written specifications including details of all existing trees and hedgerows to be retained, and details of the mix, size, distribution and density of all proposed trees/shrubs/hedges. All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out prior to the first use of the camping pitches hereby approved. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species as those originally planted.

No external lighting shall be installed on the site unless full details of such lighting (to include design, location, periods of illumination and illumination levels) have first been submitted to and approved in writing by the Local Planning Authority. The lighting shall then be installed and thereafter retained in accordance with the approved details.

Prior to the first use of the camping pitches hereby approved, details of a fixable barrier, to be installed to the north east of the existing access to prevent unauthorised vehicular access along the [site address] to the east, shall be submitted to and approved in writing by the Local Planning Authority. The barrier must be installed in accordance with the approved details prior to the first use of the camping pitches and maintained thereafter.