HomeUncategorizedFonca Submission 16.12.15 to Cornwall County Council Planning Dept

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

From and on behalf of FONCA Friends of Newlyn Conservation Area

Sent by email
16 December 2015
Dear Ms Boardman and Mr Broomhead

PA15/09197 – Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area.
PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

We write in reference to both applications. We are writing to make representations on the above and to make a formal request that due to the cumulative nature of these plans, ( and the issues involved incl. heritage assets, traffic, parking issues, change of use, the lack of justification and Heritage statements) in the heart of an Article 4 Direction Conservation area, it is imperative that they should be heard together at a planning committee. We are concerned that the temptation to rush the plans through using delegated powers in the annual pre Christmas haste to clear the desks before the holidays start will be so great that the planners will lose sight of the important statutory duties that they have to preserve heritage assets and the general character of a Conservation area of world wide importance.

We note that amended plans were uploaded yesterday – please clarify if they will be consulted on.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Our comments refer to both applications unless specifically stated.

Studio 2 – Studio 1 Disconnect

We note that Studio 1 has been removed from the application, leaving a little bit of disconnect between what is described on the application forms and that described on the Cornwall Council web site. Please clarify for us.

No Justification for works

There is no justification for the works or an assessment of the significance of the buildings or indeed the boundary wall (there seems to be a new “garden access” gate punched into the wall ) opposite Bose Castle House which is Grade 11 Listed and was Stanhope Forbes house.

No Heritage statement as required

There is no Heritage Statement prepared by an appropriate professional with the necessary expertise to assess properly the heritage assets and their significance and which justifies the proposed demolition as required by paragraph 128 of the NPPF. The wall works and the proposed works to Studio 2 would be in front of Boase Castle House, a Grade II Listed Building.

No Assessment

There is no assessment as to how the proposed development may or may not affect the setting of this important heritage asset. We refer below to the Cornwall and Scilly Urban Survey which you are aware from the previous application

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

(withdrawn) noted that Orchard House was an historic building and that the whole of the Orchard House plot was an “historic plot”. This study and its findings cannot simply be ignored by the Council.

Parking spaces

We note that the vehicular access appears to remain unaltered. With the loss of the garage buildings, the architect seeks to show 3 parking spaces on site . The Design and Access statement notes that one of these will be for the use of the Studio, leaving only 2 for the use of the 6 bedroomed house. There is no doubt that the use of the access for 3 vehicles has to be an intensification of a substandard access. With some alteration to the width of the garage doors, or indeed their removal, the site might accommodate 2 vehicles at most. This access is substandard in terms of the visibility it affords the users of the access and those using the adjacent roads. As it is to be intensified, does the proposed access provide the required visibility splays for an access that will provide the only vehicular access for both the house and the studio? There are no parking restrictions on the sea-ward side of Belle Vue in the locality of the proposed access, therefore the view of and between vehicles emerging from the new access will be restricted by parked vehicles, a common occurrence both day and night in this location. We would like to know what visibility can be afforded to and of vehicles emerging from the proposed access?

Furthermore, vehicles approaching the site from a northerly direction and turning into the proposed access may have to be “on the wrong side” of the road because of parked cars and the necessity to “swing into” the proposed
access. Therefore, cars approaching from the west will have to almost switchback on themselves to access the parking spaces, a move assisted by swinging out onto the wrong side of the road. A vehicle coming up Belle Vue is likely to find a vehicle on its side of the road, trying to manoeuvre into the driveway.

The access is on a corner and together with vehicle movements up and down Belle Vue, there is the added complication of the junction with Adit Lane in close proximity to the proposed access. This juxtaposition, together with vehicles parking in and emerging from your parking area, creates conflicting traffic movements now. If this access is to be

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

intensified, we cannot see how the proposed development gives rise to the safe movement of vehicles.

This road isn’t just used by vehicles. There are no dedicated footpaths for pedestrians on this part of Belle
Vue. Pedestrians, by necessity, walk on the road. Vehicles emerging from the proposed access will not see pedestrians, particularly if their view is hampered by parked vehicles. In addition, cars emerging might not have good visibility of pedestrians in the evening.

Parking

The plans indicate suitable parking for 3 vehicles. If no one wants to get out of their car having parked it, then there is room for 3 cars as shown on the plans! We would suggest that there isn’t sufficient room or manoeuvring space for 3 vehicles within the area shown. The most seawards side spot might drive into its space but it will not be able to turn within the site and come out in forward gear. It will have to reverse out onto the road before turning in the road! All in all, we cannot see how the intensification of the existing access allows of the safe and convenient use of Belle Vue for all road users.

We also wish to state that the loss of green spaces in the garden to be replaced with concrete parking stands changing the look of the area is not in keeping nor is it viable that the cars park on the street as it is already congested and overcrowded.

Please indicate that you have given consideration to these points as in the haste to get this application through serious issues are at risk of being disregarded..

Balcony

The creation of the terrace on the seaward side of the Studio will add to the perception of being overlooked to residents in the properties below.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Orchard Cottage
Material Change of Use – Orchard Cottage

We are unsure of what is meant by the “Background Statement” on the house application. Does the applicant mean he is renting the studios to pay for the house works or is he expecting the rental of the house itself to pay for the works.

We would like to ask does the use of 6 bedroomed (12 person) house as a holiday let constitute a material change of use?

We note that the application forms are householder ones and make no reference any holiday let use. We note that there is to be no new vehicular access or parking for this proposed development.. There will be a widened pedestrian access.

Design and Access statement – missing

We have not been able to find a Design and Access Statement on the online portal. This should have been required to validate the planning application as it is within the Conservation Area.

Heritage statement – missing

We haven’t been able to find a Heritage Statement either. Please could you let me know if there is one. Issues arising from this application include, but are not limited to;

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

1.The intensification of the use of the house -the existing plans don’t show us how many bedrooms there are in the existing house and by how many it will increase by.

2.The plans show no alteration to the vehicular access, nor the existing parking arrangements as part of this proposal. The implication being that the more bedrooms, the more intense the use of the site and therefore more parking required.

3. The proposed demolition and alterations have not been justified and their significance on the heritage asset (the Conservation Area) have not been assessed or justified by the applicant.

4. The block plan doesn’t show the proposed extension in relation to No 30 Belle Vue. The occupier, of that property is currently in Australia but she will undoubtedly consider to any increase in height along the boundary will make the small area to the side of their property dark, dank and unusable.

It is not clear how much further “forward” the dining room extension might be but needs to be considered.

5. There are opportunities within the existing house to look towards neighbouring properties, this is exasperated by the proposed extension and terrace. The extended space is purposefully designed as a communal and social space and to that end will have a greater impact on both the reality and the perception of being overlooked. The bench seat makes a good illustration of this point. Indeed, those points of overlooking are closer to neighbouring properties.

6. The gradient of the site means that the proposed extension has the perception of “lording” it over neighbouring properties. When the land falls away, you don’t get the same sense of space between properties as if it were flat land. The site location/block plan is misleading in this regard as, on paper, there is a reasonable distance between the proposed extension and the neighbouring properties.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

7. Put simply that the proposed development fails the statutory test set out in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990; it does not preserve or enhance the character or appearance of a Conservation Area. This is amplified in paragraph 132 of the NPPF which indicates that “when considering the impact of a proposed development on the significance of a designated heritage asset, great weight (my emphasis) should be given to the asset’s conservation”. The proposed extension, its lantern roof, the elevated terrace, the glass and steel all are at odds with the older character and appearance of the existing building and the Conservation Area generally.

However, We note that the “Background Statement” notes that it will be a “family home with some of the renovation costs being recouped through holiday lets”. It is not clear whether the applicant is referring to the use of the main house as a holiday let or whether he is referring to the references he has made to the 2 studios being holiday lets. Please can you clarify this point.

Conservation Area

Being within the heart of the Newlyn Conservation Area, any development within the site is capable of having a direct impact on both the character and the appearance of the Conservation Area. Indeed, Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area. This is a statutory duty placed on the Council and we, the public; expect the Council to carry out the duty on our behalf.

It was expected that the Council would have carried out a Conservation Area Appraisal and set out a Management Plan for this Conservation Area as required by Section 71 of the Act. However, trawling the electronic links to the historic Penwith Supplementary Planning Documents shows no such document in either adopted or draft form. The

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

electronic mapping system makes reference to one, so if there is a paper copy available, We would like to have sight of it so that we might more specifically address the character and appearance of the Conservation Area.

The applicant’s Design and Access Statement provides no assessment of the historic assets (the Conservation Area or the setting of the Listed Buildings or it’s strong connection to the influential Newlyn School) and how the proposed development responds to that character and appearance and to that setting.

There is no Heritage Statement prepared by an appropriate professional with the necessary expertise to assess properly the heritage assets and their significance and which justifies the proposed demolition as required by paragraph 128 of the NPPF.

Instead, it appears that the assessment of the character and appearance of the Conservation Area falls to the planning officer with the assistance of the Conservation Area officer and archaeologist.

Orchard Cottage, Gardens and studios –Heritage Asset

Orchard Cottage (built circa 1777)2 is in the heart of the Conservation Area and the “Newlyn Town Character Area”3 and is one of a number of larger 18th century residences built on higher ground, especially on Belle Vue. Other Examples include Boase Castle House (Grade II listed c17804)5 one time home of Stanhope Forbes founding member of the Newlyn School 6and Myrtle Cottage (Grade II listed Late 18 Century7)8 where many female artists of the Newlyn School

2 See Newlyn Before the Artists Came A History from Earliest Times Until 1881 Pam Lomax Ron Hogg Shears & Hogg Publications 2009 and the attached letter from the Newlyn Archive –Appendix 1
3 Cornwall and Scilly Urban Survey 2003
4 http://www.britishlistedbuildings.co.uk/en-69346-boaze-castle-house-penzance-

Built by John Boase in 1776, Grade II Listed, Boase Castle House is at the heart of Newlyn and was formerly the home of the renowned artist Stanhope Forbes.

5

Several other Newlyn artists were also associated with the property, which was at one time known as “Mrs Maddern’s Boarding House.

6 http://en.wikipedia.org/wiki/Stanhope_Forbes
7 http://www.britishlistedbuildings.co.uk/en-69377-myrtle-cottage-penzance-

http://tinyurl.com/nzxb7cj

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

stayed including Elizabeth Forbes9. During the latter part of the 19th century, an important colony of artists took residence in Newlyn in and around the development site. Mount Vernon is directly adjacent to the garage area (site of proposed electronic gates) and is significant in the artistic heritage of the area in that the significant Newlyn School artist Norman Garstin lived in Mount Vernon and had the Studio built at the bottom of Orcahrd Cottage’s gardens. Norman Garstin had 3 children whilst at Mount Vernon, including his daughter Althea Garstin who became an important painter in her own right.This colony became known as the Newlyn School and is world famous.1011 In brief Orchard Cottage, gardens and studios are an important part of this history and the site is an heritage asset since the Garniers (both artists of the Newlyn School and the applicant’s grandparents) bought Orchard cottage and land adjoining it (a historic orchard) and built the studio’s in 1922 for them to work in. “His and Hers studios if you like, still in existence today. They have been continuously occupied by artists ever since and still are to this day..12 The artists currently in residence are both Newlyn localsand members of NSA which the Garniers were instrumental in setting up. Geoffrey Garnier was known as the printer of the Newlyn School and gave lessons to Lamorna Birch and used the press in the studio in the garden to produce etchings.13

Cornwall and Scilly Urban Survey

8 http://www.tate.org.uk/art/artworks/procter-kitchen-at-myrtle-cottage-n04817
9 http://en.wikipedia.org/wiki/Elizabeth_Forbes_(artist)
10For further information see: Tate: http://tinyurl.com/pf9xhox Also See: Penlee House http://www.penleehouse.org.uk/newlyn-school.html
A Google image search of ‘Newlyn School” will reveal hundreds of images of the paintings from this school of Newlyn landscapes, the harbour, it’s inhabitants and the surrounding areas including the site where many artists lived and visited – See Appendix 2
11 See Appendix 2 for History of Newlyn School with letter from Penlee House Gallery and Museum confirming the studios are a heritage asset and should be preserved.
12 The present artists using the studios are both local artists, Mark Nicholls MA RCA Member of the NSA http://www.nsanewlyn.com/newlyn-society-of-artists/mark-j- nicholls ALSO SEE http://www.saatchiart.com/mjnicholls and Annie Metcalf who is also one of the organisers of the popular annual Newlyn Arts festival http://www.penwithradio.co.uk/lacc091014
Jeremy Le Grice previously occupied Geoffrey Garnier’s studio for many years http://www.theguardian.com/artanddesign/2012/sep/03/jeremy-le-grice-obituary as did Anthony Frost a well known international artist http://www.tate.org.uk/whats-on/tate-st-ives/exhibition/art-now-cornwall/art-now-cornwall-artists/art-now- cornwall-artist-4 and son of Terry Frost RA
13 ApainterLaureateLamornaBirchandhiscircle.AustinWormleightonSansom&Co.1995p.179

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

The Cornwall and Scilly Urban Survey14 notes that this site is within the Newlyn Town character area. Here, this document describes the area as

“An exceptional (our emphasis) area of townscape comprising narrow, sinuous and steeply sloping street, linked across the slope by pedestrian ways known as “gearns”. There is good survival of historic fabric providing a flavour of the Newlyn painted by the late 19th and early 20th century artists…”

The document goes on to describe that there are no areas of private space in front of building, giving that area an intimate “community” feel and a visual vitality. This proposed development is at odds with that character both by way of the “gated-community” feel provided by the automatic sliding gate and the significant proportion of the road side part of the site given over to the parking (by demolition of the garage) and manoeuvring of vehicles and front gardens and bin stores. This does nothing to add to an intimate community feel or visual vitality and is at odds with the surround area..

14 http://mapping.cornwall.gov.uk/EventRecord/2003/2003R060.pdf

The Cornwall and Scilly Urban Survey – Historic Characterisation for Regeneration – Newlyn – Cornwall Archaeology Unit 2003 – 10

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Figure 1: The historic nature of the site15
Note: Orchard Cottage is marked as a significant building and Orchard Gardens, studios and proposed entrance to the site are marked as an historic plot. Note also the proximity of Bose Castle House (listed) and Mount Vernon (home to Newlyn School painter Norman Garstin16) is marked as a significant building all within the Conservation Area.

In regard to the historic nature of the site, the document notes that the Newlyn Town area has many buildings lived in and in some cases built by the Newlyn artists. There are also artists’ studios tucked into hidden green spaces or places with exceptional views of the harbour. This includes the Garnier’s studios17 and the listed Anchor cottage (Anchor Studio was built by Stanhope Forbes in the 1880) on the boundary of the development site18. Mount Vernon was lived in by Norman Garstin and the studio was built for him to paint in.

15 TakenfromtheCornwallandScillyUrbanSurvey
16 http://www.penleehouse.org.uk/artists/norman-garstin.htmlhttp://en.wikipedia.org/wiki/Norman_Garstin
17 See Appendix 2 for History of Garnier’s and creation of the artist’s studio’s in 1922 and have been in continuous occupation to the present day. The present artists are Mark Nichols NSA and Annie Metcalf
18 http://www.bsjwtrust.co.uk

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Actually pictured within The Cornwall and Scilly Urban Survey is one of the artist’s studio with the garden of Orchard Cottage! These studios have been in continuous occupation since the Garnier’s built them in 1922.19 See Below

The Cornwall and Scilly Urban Survey notes, “Of particular note for associations with the artists’ colony are the Meadow…and Orchard Cottage…” and specifically mentions the “Garden and studio behind Orchard Cottage with striking views over the harbour”

19 Geoffrey and Jill Garnier a marriage of the arts John Branfield 2010

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

20
Photograph of the Garden and (one of) the studios in the Cornwall and Scilly Survey.

Figure 2

20 TakenfromtheCornwallandScillyUrbanSurvey

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

As far as the document’s (The Cornwall and Scilly Urban Survey) regeneration opportunities are concerned, it notes that

“This area incorporates a few open “green” spaces, which have a significant presence with the otherwise densely developed built environment. These spaces should be maintained as significant elements of the specific character of the area (my emphasis).”

This would be in accordance with saved Policy TV3 which seeks to prevent proposals for development which would result in the loss of, or have a significant adverse effect on, open areas within towns and villages which contribute to the character, local amenity or environmental quality of their surroundings.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Figure 3 Last Green space left in Newlyn Old Town Conservation Area “The Green Lungs of Newlyn”, this is the space that The Cornwall and Scilly Urban Survey notes should be maintained as significant elements of the character area.

The proposed development would result in the loss of the last remaining open important green space in this Character area of Old Newlyn Town, with its significant view of and from the harbour, which is well used and enjoyed by the local and visiting community as a natural stopping and viewing spot. It is clearly a significant presence within the otherwise densely developed built area.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Orchard Gardens and the loss of Green space

The Orchard part of Orchard Cottage’s garden refers to the original Orchard that is shown in the ordnance survey map of 1936 where open spaces dotted with trees and studios from the historically significant Orchard Cottage to the Grade II listed Anchor studio in the historically important Meadow and up to the Grade II Listed Myrtle Cottage and the adjacent Grade II Listed Bose Castle House can clearly be seen21.

The proposed development by way of the use intensification and conversion to a letting unit and a dwelling ancillary to the use of the main house/let and alteration of these artists’ studios and gardens which are historically significant to Newlyn within a character area (Newlyn Old Town) and a Conservation area, the loss of a rare green space therein results in substantial harm to the designated heritage and conservation asset.

In short the development and the creep factor along the precedent set for development in a Conservation Area will have an adverse effect on the last remaining Jewel in the crown of Newlyn old Towns precious historical green space.

As we said in our last set of representations, it’s not called Belle Vue or in a Conservation area for nothing – a clue in the name and in the Newlyn School paintings of this precious Conservation area

Conservation of a designated heritage asset,

Paragraph 132 of the National Planning Policy Framework (“the NPPF”) states that great weight should be given to the conservation of a designated heritage asset, in this case the Conservation Area and the setting of a Listed Building. Significance can be harmed or lost through alteration or destruction of the heritage asset, such as is the case here. As

21 See map of 1879 drawn from original map by Newlyn Archivist Prof. Pam Lomax – attached

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

heritage assets are irreplaceable, the NPPF notes that any (my emphasis) harm or loss should require clear and convincing justification. No justification has been provided.

Paragraph 133 of the NPFF states that

“Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset (in this case the total loss of the artists’ studios and the significant harm to the green character and appearance of this part of the Conservation Area), local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss”.

The applicant has not demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss”.

Public Benefits

Indeed, the applicant has not demonstrated any public benefits except that the holiday visitors will have local art in their holiday lets and will spend money in the local area from the proposed development but these factors are not of significant proportions to outweigh the harm and loss of character and appearance of these heritage assets.

Even if the Local Planning Authority were to consider that the level of harm to the Conservation Area is nevertheless considered to be ‘less than substantial’; a distinction required between paragraphs 133 and 134 of the Framework, paragraph 134 states that this harm should be weighed against the public benefits of the proposal.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

However, whilst the conversion of the house to a large upmarket second home/holiday let and an additional holiday let would be of some value, (to restaurants, supermarkets and galleries and the like) the limited public benefits would not be sufficient in this case to outweigh the material harm to the heritage asset, the conservation of which, in accordance with the NPPF, should be given great weight (our emphasis).

In our personal experience holiday makers in holiday lets come for a few days or a week at a time and tend to spend money in restaurants and supermarkets. Villages such as the neighbouring Mousehole are virtual ghost towns in the Low Season as well over 60% of houses are second homes and/or holiday lets. The desirability of these seaside locations drives up the prices and forces out the locals. It’s happened in St Ives and Padstow and a precedent would be set here for Newlyn.

Therefore, together with not being in accordance with the NPPF, the proposed development does not accord with saved

Policy TV6 which does not permit proposals which would conflict with the objective to preserve or enhance the character or appearance of the Conservation Area in terms of scale, siting, design and materials or which would have an adverse effect on the character, appearance or architectural and historic importance.

Indeed, the Local Planning Authority thought the smaller details of the Conservation Area were so important as to impose an Article 4 Direction on the Conservation Area, which restricts the right to erect extensions, gates, fences, walls, access, and painting. If there is a strong desire to control such small things, how could the proposed alterations and change of use and parking slab taking up greenspace plus the creation of a new double entry in an ancient boundary wall directly adjacent to Grade II Listed Bose Castle House encased with a sliding electronic gate be considered to be acceptable?

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

As development is measured against the Development Plan, unless material considerations indicate otherwise, the proposed development fails to satisfy at least these 2 policies. The NPPF, which is a significant material consideration in the determination of this application, also seeks that development preserves or enhances the heritage asset. The proposed development harms the character and appearance and the public benefits do not override that harm. Therefore, the proposed development is neither supported by the Development Plan or by a material consideration and therefore planning permission and consent to demolish should be refused.

The Cornwall Design Guide
Paragraph 2.5 of the Cornwall Design Guide (‘CDC”) (a material consideration in the determination of this planning

application) asks

“does the development have a mix of uses that suit local requirements? For a housing scheme the housing types and tenures should meet local requirements.”

In this regard, I respectfully would like to seek your clarification as to whether the proposed development is offering any contribution (onsite or off site) towards affordable housing. Has a viability assessment has not been submitted. We appreciate that this might be a sensitive document but we ask that you seek the advice of the District Valuer in forensically assessing any viability claim.

Section 2.6 of The Cornwall Design Guide asks

“Does the scheme have regard to archaeology…landscape features,..wildlife habitats, existing buildings, site orientation, historic character…?”

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

It is our opinion that the proposed development does not have regard to the archaeological interest of the site. This does not mean buried fragments of history but also the historic context and presence of existing buildings that have an historic and cultural reference to Newlyn and it’s important part in Cornwall’s and England’s artistic heritage

Nor does the proposed alteration to the main house and the imposition of a large steel and glass balcony which will dominate the surrounding properties due to the steep nature of the site.

Additionally, this section also asks
“Are there any views into or from the site that need to be carefully considered?”
Clearly , yes there are significant views from this site that need to be carefully considered.

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

“Are there any views into or from the site that need to be carefully considered?” – Section 2.6 of The Cornwall Design Guide

In this case, the proposed development is highly visible from Belle Vue due to the higher ground and the boundary treatment. From this public vantage point, at present, the area is a natural stopping point for the community as the open views here are so stunning that local people and visitors naturally stop and rest here after climbing the steep narrow hill

21

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

from the harbour (or stop here on their way down to the harbour and Newlyn town). This area at Orchard cottage’s boundary – overlooking it’s gardens towards the harbour and Mounts Bay beyond has always been from the days when the local water shoot was in use and still remains to this day a natural community stopping and viewing point.

Whilst we appreciate that the development proposes to keep the existing buildings on the site, they are clearly not retained or preserved in a form that is consistent with their cultural and historic nature and will be upmarket holiday lets..

Section 2.7 of The Cornwall Design Guide seeks to create good streets. By closing off this Orchard Cottage and the letting studios (one in it’s entirety – one as ancillary to the use of the main house which will be primarily used as a holiday from the rest of Belle Vue by way of a gate, (Sliding electronic in the plans) this gives the impression of a “gated community”, something that does not add to a “well defined street or space” required in Section 2.7. Furthermore I cannot think of one example of a sliding electronic gate enclosing a development in Newlyn or West Penwith and it does not sit well with the vernacular or the ethos of the Design Guide or Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Furthermore the positioning of the gate and creation of a concrete slab parking area on the site Geoffrey Garnier’s original garage is with his inspection pit still in place is on a very tight steep, blind 3-way intersection, which would only increase the daily traffic issues that occur at this spot.22

In addition the same section recommends the avoidance of the

“Over reliance on ‘in front’ of plot parking…”

I have already argued elsewhere that the dominance to vehicular access and parking is detrimental to the character and appearance of the Conservation Area, and also contrary to Sections 2.12 and 6.5.

22 See Appendix 3 for photographic evidence of this point

22

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

In addition, this proposed plan uses

“…garages and/or driveways or service areas to turn corners”,

which is a no-no in the Design Guide.
Section 2.9 of The Cornwall Design Guide asks

“Are there any distinctive characteristics within the area, such as building shapes, styles, colours and materials or the character of streets and spaces that the development should draw inspiration from?”

The proposed development is contemporary in nature and the Design and Access Statement does not assist in us understanding why this design was used and not the reflection of more traditional and historic aspects of the Listed Buildings and Conservation Area features in the immediate surrounds.23

Sections 4.9 and 7.3 of The Cornwall Design Guide seeks development that respects the characteristics of the surrounding area. It is difficult to see how this development reflects the characteristics of the surrounding area (Newlyn Town Character Area) so rich in artistic heritage and vernacular townscape. 24

There is no robust justification of the proposals in line with Section 2.9 or Section 3 of the Cornwall Design Guide.

23 The Cornwall and Scilly Urban Survey and the local area which has the following listed houses adjacent to the development including Bose Castle House (Grade II Listed), Myrtle Cottage (Grade II Listed), Anchor Studio (Grade II Listed), Mount Vernon (home to Newlyn Artist Norman Garstin), the Meadow where Stanhope Forbes and a number of other artists erected studios and glass houses in the late 1880s. This part of Newlyn was the hub of the artist community; it is where Forbes painted his Fish Sale on a Cornish Beach (he lived at Bellevue Lodging House also known as Lesser Belle View, opposite Orchard Cottage), where TC Gotch painted Alleluia (he lived at the Malt House, just above Orchard Cottage), and where Frank Bramley painted Hopeless Dawn (he lived in Trewarveneth Street, just below Orchard Cottage) Letter from Newlyn Archive dated 13 October 2014

24 The Cornwall and Scilly Urban Survey

23

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

There has been no community consultation prior to the planning application being submitted, contrary to Section 4.1 of the Design Guide.

We, the local community and the wider artistic community, lament the loss of this green space and I see this is as contrary to Section 4.9 which seeks to ensure

“…that high density development does not lead to the loss of environmental quality, significant existing landscape features and internal and external space standards” as is the case here.

We therefore believe the proposed development conflicts with the Council’s own Design Guide, which surely cannot be acceptable in planning terms.

I refer to the above planning applications and consent for the creation of a holiday let(s) of unlisted buildings in the heart of Newlyn Conservation Area. Whilst I appreciate that the site is within the settlement limits of Newlyn and therefore that the principle of residential development is acceptable, this does not mean that every gap in this historic street scene is filled with development or that the development alters the character and appearance of the conservation area or damages the heritage asset.

The spaces between buildings, street patterns, features of historical or archaeological interest, trees and land uses can all make valuable contributions to the character of an area. In Newlyn, the gaps between development and particularly those that offer views towards the historic harbour, balance the character of tight village streets, adding a sense of airiness in places and adding to the character of Newlyn generally. As is the case here, it is also the presence of the existing development (the house, studios and the garden) that adds to the current character and appearance of the Conservation Area and its historic and artistic integrity

24

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Safety and convenience of all road users

There is also widespread concern about the creation of the access point (with a sliding electronic gate) to serve the 2 dwellings.The proposed vehicular access point is very tight and substandard in terms of the visibility it affords the users of the access and those using the adjacent roads, which are also very narrow and only allow for one car

We note that it is proposed to demolish some of the lovely original low stone boundary wall and wooden garage in order to make way for an access point by way of a sliding gate. This wall forms part of the Conservation Area and, as such, should be afforded some protection from development. Indeed, the Article 4 Direction should seek to preserve these Conservation Area features, if it doesn’t do so already. Therefore, how can the removal of part of the wall at two separate points preserve the character and appearance of the Conservation Area?

Even with the demolition of part of the wall, does the proposed access provide the required visibility splays for an access that will provide the only vehicular and pedestrian access for the 2 dwellings? There are no parking restrictions on the sea-ward side of Belle Vue in the locality of the proposed access, therefore the view of and between vehicles emerging from the new access will be restricted by parked vehicles, a common occurrence both day and night in this location. As the driveway is sloping downward, what visibility can be afforded to and of vehicles emerging from the proposed access?

Furthermore, vehicles approaching the site from a northerly direction and turning into the proposed access may have to be “on the wrong side” of the road because of parked cars and the necessity to “swing into” the proposed access. . A vehicle coming up Belle Vue is likely to find a vehicle on its side of the road, trying to open the gate or manoeuvre into the driveway. 25

25 See attached photographs illustrating the vehicular point at Appendix 3

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Indeed, it is not clear what manoeuvres would be necessary if a vehicles turning into the proposed access encounters upon a vehicle leaving. There does not appear to be sufficient width in the gateway to allow one vehicle to wait clear of the highway while the other exits.

The proposed access is on a corner opposite Mount Vernon and together with vehicle movements up and down Belle Vue, there is the added complication of the junction with Adit Lane in close proximity to the proposed access. This juxtaposition, together with vehicles parking in and emerging from our own parking area outside our house, creates conflicting traffic movements now. The planners are already aware of some of the issues experience by vehicles using this part of Belle Vue currently. The area is already full of resident’s cars and it is very hard to park.26 If this access is to be created to accommodate the some 7-9 daily car movements expected per dwelling, I cannot see how the proposed development gives rise to the safe movement of vehicles.

This road isn’t just used by vehicles. There are no dedicated footpaths for pedestrians on this part of Belle Vue. Pedestrians, by necessity, walk on the road including families and school children using Adit Lane as a cut through to reach the local Newlyn Primary School and also for the buses for the older children who go to secondary school. The bus stop is at the bottom of Bose St. I am concerned that vehicles emerging from the proposed access will not see pedestrians, particularly if parked vehicles hamper their view. In addition, there is no streetlight opposite our house and I am concerned that cars emerging will not have good visibility of pedestrians in the evening.

All in all, we cannot see how the creation of the proposed access allows of the safe and convenient use of Belle Vue for all road users and pedestrians including children who walk to Newlyn School and to the bus stop for buses to the two local secondary schools.

Summary

26 Appendix3

26

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Penwith District Council’s leaflet “Conservation Areas – A guide for owners and occupiers27” answers the question “What sort of development is acceptable?” by saying the following.

“Something that fits into the local scene. The best starting point is to look at the area around your property – the shapes and proportions of buildings; the architectural styles and materials; the boundary treatments; the quality of traditional craftsmanship and those small details that make your conservation area particularly special. The Council would not normally give permission for proposals, which would:

  • Be out of keeping in any way with the special character of the area;
  • mean the loss of buildings or features which contribute to the character or look of the area;
  • result in the loss of important open spaces, garden areas, trees, hedgerows, walls or views;
  • be below the standard of design which already distinguishes the area, or use materials of an insufficienthigh standard;
  • involve demolition which will leave an unsightly gap or spoil the conservation area in some way, whetherin the long or short term, or
  • create unacceptable levels of traffic, noise or other nuisance.”In my measured opinion, the proposed development meets none of these criteria:
  • The proposed development, by way of its contemporary interpretation, is out of character with the special historic character of the area
  • The proposed development means the loss and alteration of buildings and features which contribute to the historic character of the area

27 http://www.cornwall.gov.uk/media/3638497/Conservation_Guide.pdf

27

Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

  • The proposed development results in the loss of an important green space, garden area as well as a significant view of the harbour and is an example of creep and erosion of the character of the conservation area of Old Newlyn Town..
  • The proposed development, being contemporary, does not relate to the design of buildings and dwellings, which already distinguish the area. Indeed, the proposed development does not accord with elements of the Cornwall Design Guide. See above.
  • The proposed development proposes development of a nature and scale which spoils the Conservation Area in many ways in both the short term and in perpetuity due to the loss and destruction of heritage assets including artists studio’s that have been in continuous use since their inception in 1922.
  • The proposed development, by way of its intensification of the use of the site, will create unacceptable levels of traffic, noise and other nuisance.Put simply, documents produced by your own Council (Cornwall County Council and Penwith District Council, as were) do not support this development and I would even go so far as to say they support us in our objections to this proposed development.

    Therefore, the proposed development fails the statutory test set out in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990; it does not preserve or enhance the character or appearance of a Conservation Area.

    This is amplified in paragraph 132 of the NPPF, which indicates that
    “when considering the impact of a proposed development on the significance of a designated heritage asset, great

weight (my emphasis) should be given to the asset’s conservation”. Specific Issues

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

We cannot therefore see how this application can be granted planning permission without the due consideration at a planning committee – it feels as if the council are trying to rush this through under delegated powers before the Christmas holidays start.

Indeed, permission for residential development has historically been refused on this site. The reasons for refusal then (over development of the site, inappropriate mass and scale, detrimental to visual amenity and poor highway safety) are as relevant today as they were then. And of course today we have the added complexity of the Conservation Area designation, the settings of nearby Listed Buildings and increased car usage!28

We would like to be kept informed of the progress of this application, particularly if any amending plans are received and if it is necessary for it to be presented to planning committee.

We note that Penzance Town Council have turned the application (they have had only 09100 before them – they have not considered 09197) and we will be asking our local member to call it to the planning committee.

We also would like to take this opportunity to wish you all a Merry and Peaceful Christmas from all of us at FONCA, and to give you our thanks for your help and assistance thus far.

Yours Sincerely
FONCA
CC Roger Harding, John Tellam

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Orchard Cottage Belle Vue Newlyn Cornwall TR18 5EB
PA15/09197 | Refurbishment, and extension to Studio 2 to create holiday let and demolition of existing garages to create parking area. PA15/09100 Refurbishment, alteration and extension of existing dwelling, demolition of extension, associated external works including roof top terrace (NOTE – description of works revised only to include reference to roof terrace; no revisions submitted)

Figure 4 Section 2.6 of The Cornwall Design Guide asks” Are there any view into the Site that needs to be carefully considered?’

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Comments

Fonca Submission 16.12.15 to Cornwall County Council Planning Dept — 2 Comments

  1. Dear Dominique,
    I’ve tried to join FONCA but the membership form isn’t available. I hope you don’t mind me contacting you instead.
    I’m interested in hearing FONCA’S views on the designs for the Badcocks gallery building frontage before sending in a planning application. I’m opening a gallery and a cafe, both called lemonpepper, and I have initial mockups I’d like to ask FONCA to consider, if that’s ok?
    If you could advise me I would be very grateful. I’m from Marazion but I really love Newlyn too!
    Thank you.
    Lois

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