Appeal 6002704

The appeal is allowed and planning permission is granted for proposed use as caravan site at [site address] , [name], Condurrow, Cornwall [postcode] in accordance with the terms of the application, Ref PA25/06701, subject to the conditions in the attached schedule.

An application for costs was made by [name] against Cornwall Council. This application is the subject of a separate Decision.

The main issues are: • the effect of the proposal on the character and appearance of the area and Cornwall and West Devon Mining Landscape World Heritage Site (WHS); and • if any harm would occur, whether this is outweighed by other considerations.

The appeal site is an area of land which is located within the open countryside and is within the Camborne and Redruth Mining District of the WHS and Cornwall Character Area 10: Carmenellis (CCA). The site itself features a hard-surfaced area and close-cut grass, and various structures including caravans and a container. Furthermore, the site is utilised for camping activity as permitted by a certificate from an exempted organisation1 (The Certificate) under the [name] and Control of Development Act 1960, and has the general appearance of an operating campsite. 1

Nevertheless, the appeal site is subject to an enforcement notice relating to the construction of a dwelling and the change of use of land for the stationing of a caravan for residential purposes, siting of two shipping containers for the storage of building materials and plant and the laying of hardcore as a parking area. The notice is in force following appeal2, with the Council stating that it has yet to be fully complied with.

Despite some nearby sporadic development including a further campsite, and the appeal site being bounded on three sides by highway and set behind planted banking and a fence, I observed the site to be generally part of a rural landscape. The surrounding area features characteristics of the CCA being an open elevated undulating granite plateau within which are scattered mining remains.

Although the proposal would not involve operational development, it would formalise a permanent caravan site. Whilst not being uncommon in the wider area, due to the associated activities of a caravan site, including movements and paraphernalia, it would partially erode the rural character of the area. The hedge/screen planting in the manner proposed would also not follow existing boundaries, and would appear somewhat incongruous due to their layout consisting of right angles around pitches as opposed to the flowing organic appearance of surrounding hedgebanks.

Nevertheless, planting could take place in any case without planning permission, and a planting scheme could be controlled by planning condition which would ensure a scheme that better reflects the character of the surrounding landscape. Therefore, acknowledging the lack of proposed built form, as well as nearby uses and development, I find the harm resulting to the character and appearance of the area to be modest.

In terms of the WHS, the National Planning Policy Framework (Framework) states that World Heritage Sites are heritage assets of the highest significance which are internationally recognised to be of Outstanding Universal Value (OUV).

The Cornwall and West Devon Mining Landscape World Heritage Site Management Plan 2020-2025 (WHSMP) describes the WHS as a series of ten areas comprising the distinctive patterns of buildings, monuments and sites which together form the coherent series of distinctive cultural landscapes created by the industrialisation of hard-rock mining processes in the period 1700 to 1914.

Mineworkers’ smallholdings are identified as one of seven attributes through which the OUV of the WHS is expressed. Consequently, mineworkers’ smallholdings are an important feature of the WHS both visually and in respect of an understanding of its origins, and their presence is one of the reasons for its establishment.

The Council’s WHS Supplementary Planning Document 2017 sets out that although the way land is used and managed has changed significantly over time, with traditional miners’ smallholdings no longer being occupied or managed under their original use or tenure, their authenticity is retained through the preservation of, amongst other things, historic field boundaries, and their relationship between domestic buildings and their associated smallholding. 2 APP/D0840/C/22/3293708

The Framework states that not all elements of a World Heritage Site will necessarily contribute to its significance. Although the evidence indicates that the appeal site formed part of a miner’s smallholding, boundaries and hedgerows have changed over time, with the appeal site no longer having an association with a domestic building or it’s small holding. In combination with neighbouring uses and development, the legibility of the smallholding has been considerably diminished over time and makes a significantly lesser contribution to OUV than land where all the characteristics of smallholding landscapes survive with high integrity.

The proposal would formalise, in planning terms, the use of the site as a caravan site. However, given no operational development is proposed, or indeed changes to historic boundaries and having regard to the minimal contribution the appeal site makes to OUV, the proposal would not reduce any legibility or integrity of a mineworker’s smallholding or any other attribute, and therefore have a neutral effect on the WHS.

In coming to this judgement, I have had regard and found no conflict with Policy 24 of the Cornwall Local Plan Strategic Policies 2010-2030 (LP) and policies P3, C2 and C9 of the WHSMP, which seek, amongst other things to protect, maintain and enhance the historic character and distinctiveness of the WHS.

Both main parties have highlighted a recent appeal decision3 at the site, which involved a similar proposal, albeit importantly one which included an ablutions block and large areas of hard standing, which the scheme before me does not. Whilst differing interpretations of the Inspectors wording are put to me, from reading the decision as a whole, I find it clear that in that case the Inspector concluded that the development of a camping site and ablutions block (my underlining) would extend built form into the open countryside in a manner which is harmful to the inherent rural character and appearance of the area.

In terms of the WHS, the Inspector specifically referred to the extent of hard surfacing/gravel and scale of the ablutions block in finding harm to the OUV, as opposed to the use of the land. Given the context of the differing scheme before me, I do not consider that my findings are inconsistent with that of the previous Inspector.

Consequently, to conclude, whilst the proposal would not result in harm to the OUV of the WHS, there would be modest harm to the character and appearance of the area. The proposal therefore conflicts with LP policies 1, 2, 12 and 23, and Policy C1 of the Climate Emergency Development Plan Document 2023. These policies seek, amongst other matters, to ensure that proposals are of high-quality design that respect and enhance the quality of place and natural environment.

The Certificate permits the use of the site by members of the organisation for 5 caravans for 365 days a year, subject to a maximum consecutive stay of 28 days per visitor (fallback 1). Moreover, subject to prior notification to the Council, Schedule 2, Part 4, Class BC of the Town & Country Planning (General Permitted Development) (England) Order 2015 (GPDO) also permits, under certain circumstances the use of the land as a recreational campsite for not more than 50 pitches for 60 days in total in any calendar year (fallback 2). 3 APP/D0840/W/24/3355080

Notwithstanding the lack of prior notification, the appellant has discussed the potential of fallback 2, and I consider there is a greater than theoretical possibility of this taking place. Nevertheless, due to the associated permitted development restrictions of this fallback, I afford this very modest weight.

However, the site has been used as a camping site under the Certificate for nearly 2 years as a tourism business. There is no substantive evidence that the Certificate would not be renewed or that any future GPDO would revoke this use. I find there is a real prospect of the site continuing to be used in this manner. As such, fallback 1 also constitutes a clear fallback position against which to assess

The proposal before me reflects the maximum number of caravans allowed through the Certificate. However, the Council highlight that in their view, a distinction arises as the proposal would suggest an element of permanence to the caravans which is not present under the Certificate. Nonetheless, whilst the Certificate does restrict length of time for individual visitors, it could still result in 5 caravans (albeit differing caravans every 28 day period) being present and occupied on the site for 365 days a year.

Moreover, I observed that fallback 1 results in caravans appearing stark within the site due to lack of screening. The proposal, subject to the imposition of planning conditions, and notwithstanding my comments in the first main issue above, could provide landscaping appropriate to the appeal site which would provide additional screening.

Consequently fallback 1 is a material consideration of significant weight, with the proposal representing a modest betterment in terms of the effect on character and appearance of the area than fallback 1.

The Council has provided a list of suggested conditions in the event of the appeal being allowed, which I have assessed and, where necessary, amended wording with regard to the advice provided in the Planning Practice Guidance.

Aside from the standard commencement condition, a condition outlining the approved plans, notwithstanding landscaping, is necessary in the interests of certainty.

A condition is also necessary to ensure that an appropriate landscaping scheme is provided and implemented in the interests of the character and appearance of the area. This condition is required to be pre-commencement to ensure landscaping is provided at the earliest opportunity. Further conditions are required limiting the number of caravan pitches at the site, and ensuring external lighting is appropriate in the interest of character and appearance.

Finally, a condition is required, to ensure that caravans are occupied for holiday purposes only given the appeal site location in the countryside, having regard to the local development strategy and accessibility to services and facilities.

A condition is suggested in relation to seeking details of siting, layout and hard surfacing of parking areas and other hard surfaces. However, such operational development is not part of the proposal, and a condition is therefore not relevant or necessary.

The proposal would lead to modest harm to the character and appearance of the area and would conflict with the development plan, read as a whole. However, fallback 1 is a material consideration of significant weight that indicates that the decision should be made other than in accordance with the development plan. Therefore, I conclude that the appeal should be allowed.

The development hereby permitted shall be begun not later than three years beginning with the date hereof.

The development hereby permitted shall be carried out, excluding any references to landscaping, in accordance with the following plans: 22079-PL-00-01 A; 22079-PL-00-02 A; 22079-PL-00-04 A.

Before the development hereby permitted is commenced, a scheme of landscaping to provide screening for the caravan pitches shall be submitted to the local planning authority. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following written approval of the scheme by the local planning authority. Any trees or plants which within a period of five years from the approval, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.

Prior to its installation, any external lighting shall be installed in accordance with a lighting strategy which shall first have been submitted to and approved in writing by the local planning authority. All external lighting installed shall thereafter be operated and maintained in accordance with the approved strategy.

There shall be no more than five caravan pitches on the site at any one time.

The development hereby permitted shall be used as holiday accommodation only and shall not be occupied as a person's sole or main place of residence. The owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of each individual unit on the site, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority. **** End of Conditions ****