Cornwall Council
Dolcoath Avenue Camborne Cornwall TR14 8SX
Email:  planning@cornwall.gov.uk
Tel:       0300 1234151
Web:    www.cornwall.gov.uk

Application number:  PA12/04163

Agent:
Mr M Richards
Trethannas Farmhouse 
Praze 
Camborne 
Cornwall 
TR14 0LH	Applicant:
Mr R Laity
Rosudgeon Methodist Church
Rosudgeon
Penzance
Cornwall
TR20 9QE

Town And Country Planning Act 1990 (As Amended)
Town And Country Planning (Development Management Procedure) (England) Order 2010

Grant of Conditional Planning Permission

CORNWALL COUNCIL, being the Local Planning Authority, HEREBY GRANTS CONDITIONAL PERMISSION, subject to the conditions set out on the attached schedule, for the development proposed in the following application received 
on 2 May 2012 and accompanying plan(s):

Description of Development:
	7Conversion of redundant Church to residential use (Amended scheme)
	
Location of Development:
	Rosudgeon Methodist Church
Rosudgeon
Cornwall

Parish:	St. Hilary	

CONDITIONS:

 1	The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.
	
	Reason:  In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 2	The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans Referred to in Consideration of this Application". 
	
	Reason:   For the avoidance of doubt and in the interests of proper planning.

 3	No development shall commence until details  of the rooflights and materials to be used in the construction of the external stonework/roof slates and method of fixing of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details and retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.
	
	Reason:  In the interests of visual amenity and in accordance with the aims and intentions of saved policy 2 of Cornwall Structure Plan 2004

 4	The development hereby approved shall be carried out in accordance with the mitigation measures as detailed within section 6.1 (6.1.1 & 6.1.2) titled `mitigation' of the CEC Bat emergence survey report (reference CEC1977 rev A) dated July 2012 unless otherwise agreed in writing by the Local Planning Authority.
	
	Reason:  To enable the local planning authority to retain control over development, in order to safeguard bats and their roost which are specially protected by law, and in accordance with the National Planning Policy Framework 2012, with specific reference to paragraph 109, and in accordance with the aims and intentions of saved policy CC-9 of the Penwith Local Plan (2004) and to ensure compliance with The Conservation of Habitats and Species Regulations 2010 and our Natural Environment and Rural Communities biodiversity duty.

 5	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting or modifying that Order), no development within Classes A, B, C, D and E of Part 1 of Schedule 2 to the said Order shall be carried out without an express grant of planning permission, namely:
	The enlargement, improvement or other alteration of the dwellinghouse;
	The enlargement of the dwellinghouse consisting of an addition or alteration to its roof;
	Any other alterations to the roof of the dwellinghouse;
	The erection of construction of a porch outside any external door of the dwelling;
	The provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.
	
	Reason: In the interests of the amenities of the occupiers of adjoining dwellings/visual amenities of the area

 6	None of the window or external door openings in the development hereby permitted shall be enlarged and no new window or external door openings shall be added without the prior written consent of the Local Planning Authority.
	
	Reason:  To protect the character of the existing property and the privacy of occupants of neighbouring dwellings

 7	Before any of the development hereby permitted is brought into use, parking and turning areas shall be laid out and constructed in accordance with approved drawing no. 638/14A and the said areas shall not thereafter be obstructed or used for any other purpose.
	
	Reason: To ensure adequate parking and turning facilities off the adjoining highway

 8	Before the development hereby permitted is first occupied details of the proposed height, siting, appearance and construction of all boundary treatments (means of enclosure) shall be submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatment (means of enclosure) shall be completed in accordance with the approved details prior to the first occupation of the development. The boundary treatment (means of enclosure) shall not thereafter be altered or removed, other than by necessary replacement unless otherwise agreed in writing by the Local Planning Authority.
	
	Reason:  In the interests of visual and residential amenity

 9	Before the first occupation of the building hereby permitted the first and second floor windows in the north elevation of the property shall be fitted with obscure glazing in accordance with details to be submitted and approved in writing by the Local Planning Authority.  The window(s) shall be permanently retained in that condition thereafter.
	
	Reason:  To protect the privacy of the occupants of neighbouring dwellings

REASON(S) FOR APPROVAL:

The site lies within the village at Rosudgeon where the principle of new residential development accords with policies H-6 and H-11 of the Penwith Local Plan (2004),  policy 10 of the Cornwall Structure Plan (2004) and government guidance in section 6 of the National Planning Policy Framework. The proposed extensions /alterations are in-keeping and subservient to the existing structure and would not have any significant impacts on the character or visual amenities of the area. The proposal thus accords with polices H-2 and GD-2 of the Penwith Local Plan (2004), policies 1 and 2 of the Cornwall Structure Plan (2004) and government guidance in sections 7 and 12 of the National Planning Policy Framework. There would be no significant impacts on neighbouring occupiers as a consequence of overlooking or overshadowing and the proposal would accord with policies H-2 and GD-2 of the Penwith Local Plan (2004). The applicant has submitted a bat and barn owl survey that has identified the presence of roosting bats with the roof of the property. The report contains recommended mitigation measures to incorporate measures to protect the bats which are considered acceptable and can be ensured by the inclusion of an appropriate planning condition and the proposal would thus accord with policy CC-9 of the Penwith Local Plan (2004) and paragraph 109 of the National Planning Policy Framework. There is adequate parking and turning provision provided to the front of the site and there are no objections from the highways officer on any highway safety grounds. The proposal thus accords with policies TP-12 and GD-5 of the Penwith Local Plan (2004) and section 4 of the National Planning Policy Framework.

RELEVANT PLANNING POLICIES:

- Cornwall Structure Plan 2004:    1, 2, 10, 26, 28
- Penwith Local Plan 2004: GD-1, GD-2, TV-1 GD-10; H-2, H-6, H-18; H-9, GD-5, TP-12, CC-9

-National Planning Policy Framework: Section  4. Promoting sustainable transport

-National Planning Policy Framework: Section  6. Delivering a wide choice of high quality homes
-National Planning Policy Framework: Section  7. Requiring good design

-National Planning Policy Framework: Section 11 The natural environment 

-National Planning Policy Framework:Section 12 The Historic Environment

PLANS REFERRED TO IN CONSIDERATION OF THIS APPLICATION:

Proposed 638/08  
Proposed 638/12  
Proposed 638/13A  
Proposed 638/09B  
Site/location Plan 638/01  
Proposed 638/11B  
Proposed 638/10B  
Block Plan 638/14A  

ANY ADDITIONAL INFORMATION:

•	The submitted bat and barn owl survey has confirmed that the chapel is used as a hibernation roost  and a summer day roost by bats and as the conversion works will impact on the roost space an EPS license will be required from Natural England before works can commence.

NOTES

Appeals to the Secretary of State
If the applicant is aggrieved by the decision of the local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then they may appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If you want to appeal, then you must do so within 6 months of the date of this notice (or 12 weeks from the date of this notice in the case of householder appeals made in relation to applications submitted on or after 6 April 2009).  Appeals must be made using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.

The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.

Purchase Notices
If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

In these circumstances, the owner may serve a purchase notice on Cornwall Council. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice.  If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice.

If this approval is for the erection of new buildings please refer to the note below.

Registering addresses for new properties prior to commencement

You must apply officially to register the name of any new street or the address of any new property through Cornwall Council’s Street Naming and Numbering process. You are required to submit an application form, plan and appropriate fee all details of which can be found on our website at www.cornwall.gov.uk/degault.aspx?page=10863. For any further assistance please contact addressmanagement@cornwall.gov.uk or telephone 0300 1234 100.

Mr M Richards
Trethannas Farmhouse 
Praze 
Camborne 
Cornwall 
TR14 0LH	
Your ref:	
638 Rosudgeon Chapel	
	My ref:	PA12/04163	
	Date:	16 October 2012	

Dear Sir/Madam

7Conversion of redundant Church to residential use (Amended scheme)
Rosudgeon Methodist Church Rosudgeon Cornwall 

With reference to this planning application, I enclose the Decision Notice granting permission.

If conditions have been included that must be complied with before the commencement of the development, eg “No development shall commence before ….”, and this is not done, the development cannot be validly commenced even if it is within the time limit set by Condition.

If details are required I look forward to receiving them.  Application forms can be found on http://www.planningportal.gov.uk/uploads/appPDF/P0810Form027_england_en.pdf .  Your attention is drawn to the recent inclusion of a fee to discharge planning conditions under the Town and Country Planning (Fees For Applications And Deemed Applications) (Amendment) (England) Regulations 2008:
£85 (per request) for applications not falling within fee categories 6 or 7(a) (non-householder applications)
£25 (per request) where the request relates to an application for works to an existing dwelling, or within the curtilage of such, falling within fee categories 6 or 7(a) (householder applications only)

You may wish to take the opportunity to submit details to discharge more than one condition per request.

Yours faithfully

Phil Brookes

Senior Development Officer  
Planning and Regeneration Service
Tel:  01209 614029