21st January 2021 PPC Minutes

Minutes of a meeting of Perranuthnoe Parish Council. Held via Zoom on the 21st January 2021. Clerk Gail Angove

Councillors Present: Cllrs A Collins (Chairman) A. Moore, G. Griffiths, J. Scobie, Y Groves, J. Jago, D. Sharp. R. Greenwood Penny

Four visitors present: Ms N. Groves, Ms S. Van der Merren, Mr P. Linton & Mrs M. Trevorrow (not speaking)

Apologies for absence: Cllr C. Leo & Cllr S. Nicholas – (joined meeting at 20.40)

Twenty minute public speaking period –

Ms Groves spoke on three issues: Volume & Speed of traffic in Perranuthnoe – The number of cars travelling at speed down through the village of Perranuthnoe to reach the carpark had increased. She was alarmed at the numbers of vehicles and fearful of safety for anyone who might be walking in the road as the speed was excessive. Ms Groves felt something should be done about this. Footpath No 8 at Trenow – The erection of high metal fence and gates obstructing the view in an AONB the removal of traditional stone hedging and stile. Which had attracted both local and National press coverage – Points made were: The rebuilding of the Cornish stone hedge and hedge end which has been left in disarray. The reinstallation of the stones which made up the stile (probably not called a stile as it was steppingstones on the ground with deep holes between) and separated the top field from the bottom. When does a fence becomes a structure that requires planning permission? Ms Groves quoted the landowner’s statement that the top field is fenced off to keep deer out. Cornwall live however had quoted the landowner as saying the fence was to stop people roaming all over the land. This she believed to be the fact in the top field as the fence only runs along the footpath and not the hedges around the field, therefore, when the wall is rebuilt, maybe a lower, more appropriate fence could be installed, as before. In her experience, the only times anyone stepped the wrong side of the fence was last summer when the path on the bottom field became too overgrown for people to use. Most residents she had spoken with in the village now avoid this footpath which used to offer peace and beauty, but which now has become too upsetting by way of the hostile nature of the fence.

Objection to planning application PA20/11065 Proposal Certificate of lawfulness for existing use of the building for holiday purposes. The Chalet, ‘The Carnes’ Boat Cove Lane Perranuthnoe. Claiming it had never been in-habited or lived in disputing the applicants claim.

Ms Van der Meeren spoke objecting to PA 20 11065 she gave a summary of the application and background to it. Highlighting that the application is for a Lawful Development Certificate (LDC), and that, if granted, this would be a statutory document that would confirm that the planning use described in the application is lawful. To be granted a Lawful Development Certificate the applicant must provide clear, precise, and unambiguous evidence. The applicant is claiming that there has been ‘residential’ use of the hut (which he terms a Chalet), as a ‘dwelling’, for more than 4 years and that this use was ‘for holiday purposes’. Mr de Unger therefore claims that he should be granted the right to ongoing residential use of this hut ‘for holiday purposes. The application does not provide any clear evidence to support his claim. Indeed, it includes several factual errors and inconsistencies. She summarised these. There is clear legal and testimonial evidence which demonstrates that there has never been residential use of this hut/site as a dwelling, whether for ‘holiday purposes or other’. This includes: a legal declaration by the previous owner who states that the hut ‘was never lived in as a dwelling’; and testimonial evidence from a considerable number of local residents, and the National Trust (as the neighbouring landowner), that for well over 4 years they have never seen the hut being used daytime or night, and certainly never lived in, or used as a dwelling. That due to the above she concluded there are no reasonable planning grounds on which an LDC should or could be granted and that she therefore recommended that the Parish Council reject the application.

Mr Linton thanked the council for the opportunity to speak at the parish meeting he spoke objecting to PA20/11065.  Mr Linton stated that the crux of the application seems to be whether the owner can prove, unambiguously, the “current and continuous use for at least 10 years as a holiday home”. If they can then they can probably run a bulldozer through planning and ignore objections from residents, the council and other interested parties. So, on the claim of “Current and continuous for 10 years”

The previous owner provided a legal declaration that she rented it to a John Collins for 38 years, until the sale in 2014. She states that “he may have spent the occasional night there”. This sworn statement also means Mr Collins may not have spent occasional night there. It is unknown: the previous owner had no idea if he had or had not. Since acquiring the hut the applicant claims to have slept in it with friends in the summers of 2016 and 2018, on three occasions. They do not provide an exact number of nights, but it looks like just 5 nights. On the evidence provided, prior to the summer of 2016 it is unknown if anybody slept in the hut. This is not unambiguous proof of continuous use as a holiday home for 10+ years. And on the claim of using, it “residentially” as a holiday home: The hut is not a residence – it does not have an address and is not on any road or track or footpath, it is reached by crossing farmland. It has no electricity, no running water nor even beds. Any sleeping in the hut is, at best, “camping out”. Mr Linton therefore asked the council not only to recommend refusal of this application but to seek an enforcement notice to cease camping in the hut otherwise we may reach a point in 2026 when he can provide unambiguous proof, he has camped in it, albeit rarely, for 10 years

The four members of the public left the meeting at 20.10

Approval of minutes from meeting held on 19th December 2020 These were proposed, seconded and carried unanimously

Planning Applications and Relevant matters

PA20/11065 Proposal Certificate of lawfulness for existing use of the building for holiday purposes.  Location The Chalet Carnes Boat Cove Lane Perranuthnoe Applicant Mr. A de Unger Grid Ref 153610 / 29271 It was proposed and seconded and carried unanimously that Perranuthnoe Parish Council strongly does not consider that there are grounds for a certificate of lawfulness to be issued for the use (sui generis / holiday purposes) being sought.

PA20/11087 Proposal Demolition of existing semi-detached garage, construction of new garage with self-contained flat at first floor. Location Land and Garage North Of 21 St Petry Goldsithney Cornwall Applicant Mr And Mrs Ferrell

Cllr Greenwood- Penny declared an interest in PA20/11087 and left the meeting while this planning application was discussed and voted on.

It was proposed and seconded and carried unanimously that the Parish Council object to the proposed development due to its siting, scale, bulk, and form would result in cramped and contrived development that would fail to integrate with the pattern of the existing dwellings and the character and appearance of St Petry residential area positioned in close proximity to the conservation area and the highway junction into St Petry and thereby dominating the entry into St Petry. It would result in the loss of the ‘breathing space’ between residential development on Gears Lane and no. 21 St Petry and exacerbate traffic and parking concerns in the area. The addition of a single home to housing stock and the short term economic benefit during construction phase would not outweigh the identified harm to the character and appearance of St Petry residential area and lack of adequate residential amenity for future occupants and thus the proposal is not for sustainable development, and fails to accord with policy 1: Presumption in favour of sustainable development, Policy 2: Spatial Strategy, and Policy 12: Design, of the Cornwall Local Plan, Strategic Policies 2010-2030 and paragraphs 124 and 127 of the National Planning Policy Framework 2018.’

PA20/11013 Proposal Application for Approval of reserved matters following outline approval PA18/08872 Location Gwynearth Packet Lane Rosudgeon Penzance   Applicant Mr. Bryant   It was proposed and seconded and carried unanimously that the Parish Council supports the application subject to the inclusion of natural stone rather than white render on the visible elevations and the Cornish hedges around the development should be maintained and improved and where new, constructed in a traditional manner.

PA21/00005 Proposal Retention of an Above Ground 1200 Litre Calor Gas LPG Storage Tank and Installation of a Stainless-Steel External Balance Flue. Location Harford 9 North Road Goldsithney TR20 9JY Applicant Mr M Bell It was proposed and seconded and carried unanimously that the Parish Council raise no objection to the application but requests that the coating of the flue be considered to minimise its visibility on the elevation of the property located within the conservation area.

Cllr Nicholas CC Rider – I may change my mind on a planning application if further information comes to light which is not available at this time.

The following planning permissions were noted as being granted

PA20/07547 APPROVED – Mr Manuel Selegante-Brao 10.12.2020 Location: Chynors Access To Trevelyan Lodge Perran Downs Goldsithney TR20 9HG Proposal: Application for tree works subject to a Tree Preservation Order: Removal of diseased early mature Acer Pseudoplatnus and replanting of replacement tree

PA20/08108 APPROVED- Mr And Mrs J Hull 10.12.202 Location: Morlais Access Track to Wheal Jayne And Blueburrow Cottage Perranuthnoe TR20 9NF Proposal: Proposed replacement dwelling with external parking and amenity space with variation of condition 2 in relation to Appeal

PA20/08529 APPROVED – Mr & Mrs Gendall 10.12.2020 Location: 2 St Pirans Way Perranuthnoe TR20 9NJ Proposal: Construction of porch at ground floor and first floor extension to include additional bedroom and bathroom

PA20/08417 APPROVED – Applicant: Mr Ian Laity 22.12.2020 Location: 8 Chiverton Way Rosudgeon TR20 9PS Proposal: Convert existing garage to storeroom with internal main bungalow including alteration from flat roof to pitched, alteration to existing extension by installing larger window

The following planning permissions were noted as being refused- None

To Note other planning related matters.

PA20/08331 WITHDRAWN – Applicant: Mr Richard Tuyrrell 05.01.2021 Location: Land SSE of Car Park Perran Lane Perranuthnoe TR20 9NE Proposal: Formal change of use of part of agricultural field to form a parking area for staff employed at The Cabin Café

PA20/10711 WITHDRAWN – Mr and Mrs Nigel and Anne Riches 06.01.2021 Location: Building Plot South of Colenso Grove Perran Downs Lane Rosudgeon Penzance TR20 9AN Proposal: Application for Approval of reserved matters following outline approval PA18/00158

Clerks Report:  The Parish Clerk had circulated a report to councillors for consultation regarding a dedicated.gov.uk email domain for PPC and dedicated email addresses for councillors with Microsoft Office package for clerk and councillors. The current practice of using personal, sometimes shared or business emails does leave the council open to possible data breaches. Under the General Data Protection Regulations (GDPR) the Parish Clerk is the data controller for the Parish Council. The Clerk asked that the report be accepted by the council. It was proposed, seconded, and carried unanimously that the Parish Council adopts the report for the use of a.gov.uk email addresses, the Microsoft office package, and IT Support to be compliant with current legislation.

The Clerk had ascertained from CALC what the current recommendation are based on regulations regarding council meetings being held virtually or in person. Reference full council meetings – Under the current restrictions, councils should not be holding physical meetings. Virtual meeting regulations remain in place until May 2021 and councils should continue to hold virtual meetings until further announcements are made.

Local Elections – The government has confirmed that currently elections in England will go ahead as planned in May 2021

Councillors Reports:

Cllr Nicholas (report submitted via email prior to meeting)

COVID stats and information are on the CC website and on the Parish and Town Council briefing papers.

Highways Projects: – Pathway between Marazion and Goldsithney, in progress.

Village highways project in progress of detailed costings

Use of Report it. Residents can report issues online as well as via the Parish Clerk

Complaints of parking around junction of Springfield Road have been sent to highways.

Cllr Groves Asked for an update on the Goldsithney – Marazion footpath – Cllr Collins said that it was in progress, there was no time scale attached to it. Cllr Groves reported that traffic in Perranuthnoe was very bad, lots of surfers and speeding drivers which she felt made for a potentially dangerous situation. There were to many vehicles and no where for them to park. Cllr Groves Informed the council that two fir trees had been cut down in the village she was concerned that trees within Perranuthnoe should be protected. Cllr Groves asked could a TPO be placed on existing trees? It was suggested that as a starting point a list be made of potential trees that need conserving within the village. This would identify the type & location of the trees which would then be of use to any subsequent visits by the tree officer.

Cllr Moore – The Trees that had been taken down at St Petry were a matter of concern for the residents living there. He stated that last week trees had also been lost in Red Lane, he felt that any unlawful tree removal should be reported. The trees particularly in Red Lane form the character of the area, which was being removed, and this needed to be protected.

 

Cllr Greenwood-Penny The removal of the trees at St Petry, one of which was immediately outside his home was unnecessary and upsetting for residents within the area. Residents fear an application for new houses could be forthcoming.

Cllr Scobie – enquired about an update for the two derelict houses on the A394 as he felt they were now in a dangerous condition. Cllr Nicholas would be able to update him on this.

Project/issues updates:

Status of PPC NDP – The NDP management group had reviewed the responses from the public review, 95% of which were positive which was encouraging. There were some adjustments and requests for inclusion which were being reviewed. Once these have been completed which hopefully will be very soon the plan will be able to move forward.

Highways Project

Currently waiting on costings, the yellow lines for Perranuthnoe would come under the TRO for Goldsithney but would then have to go out to public consultation

Bus shelter bench Perranuthnoe

The environmentally friendly bench made from re-cycled materials was now in-situ in the proposed location for the bus shelter it would have to be there for the next 12 months. Dated photographic evidence is required to document this. Clerk to type a statement to be signed by 2 Perranuthnoe Cllrs.

Community Citizen Award.  It was discussed by the council that due to the COVID-19 pandemic the Community Citizen Award was not advertised, and no nominations were sought, therefore it could not be awarded for 2020.  However, due to the exceptional circumstances of the Covid pandemic a Public Service Awards could be awarded.

Cllr Nicholas joined the meeting at 20.45

Correspondence, telephone calls and other reports:

Report received from Mr. J. Rogers West Cornwall Footpaths Preservation Society on Footpath No 8

Acknowledgement from CC – receipt of PPC Precept notification 2021/22

Footpaths and Rights of Way

Footpath No 8 at Trenow – Removal of stile, stone hedging, erection of fencing and metal gates. The Parish council have never discussed or have given permission to the landowner (or have a remit to do this) to remove stiles, hedging, erecting of metal fence and gates on this footpath. A report has been forwarded to CC Enforcement Department and they were now dealing with the matter.

Date of next meeting – Thursday 18th February 2021 – 7.00pm meeting to be virtual via Zoom

Councillors to forward any items to the Clerk in advance of the meeting agenda being prepared but to include

  • Perranuthnoe Car park & Toilets
  • Highways Project
  • Public Service Award

Financial & Confidential Matters

Receive and approve Bank Reconciliation Statement for December 2020.

This, having previously been circulated, was noted and approved.

Approve for payment items listed on the schedule. It was proposed and seconded that the items be passed for payment and carried unanimously.

Objective Tree Consultancy Tree Report – £141.00

Glasdon UK Ltd. Phoenix Seat – £551.28

JR Flat Roofing.  Roof Repair St Piran’s Hall – £956.40

Payroll Direct – Payroll services February 2021 – £32.83

Gail Angove January 2021 Salary

BT – Direct debit – charges to October 2020 – £61.20

Receipt schedule

WC Matthews Funeral Directors – £511.00

Mr David Walker Funeral Director – £726.00

Burroughs & Kearey Funeral Directors – £393.00

The Meeting closed at 21.30pm