Sunday, 23 September 2007

Another letter from the planners

Below is a copy of the latest letter from the planners which fails to answer any of the questions that I asked.


DEVELOPMENT AND BUILDING CONTROL
Head of Development Control Sue Walters MA. M.R.T.P.I DP

Orchard Land Trust Ltd
C/o Mark Simon
Trevalon
Church Hill
Herodsfoot
Liskeard
PL14 4RS

Luxstowe House, Liskeard, Cornwall, PL1 4 3DZ
Planning Reception Telephone: (01579) 341400
Planning Reception Facsimile: (01579) 341004
Chief Executive: Byron Davies
This matter is being dealt with by
Mr Michael Lowe
Team Manager Enforcement
email: mlowe©caradon.gov.uk
Tel no. 01579 341430
Dear Mr Simon,

07/00305 — MOBILE HOME, CARAVANS AND OTHER ITEMS ON SITE AT TREVALON, HERODSFOOT

I write in response to your letter of the l3th September regarding the above. With regard to establishing the needs of your business, this is what planning applications are for. Through providing business plans, accounts and projections as you did in your previously refused application, we are able, with the help of the County Land Agent, to make an assessment as to whether your business passes the functional and financial tests. If you wish to discuss the temporary provision of a packing facility constructed from more sympathetic natural materials, I’m sure my colleagues in Development Control will be happy to assist you.

If you wish to submit a Prior Notification Application on the basis that your agricultural holding is over 5 hectares, I would suggest accompanying it with a plan of the farm, which explains what each field is used for and the constraints upon them which you describe in your letter. Hopefully that should be sufficient to demonstrate the overall size of your holding.

I have included the relevant section of the GPDO for you to peruse. I cannot see, apart from a reference to fish farming which you do not intend to use the pond for, any mention of excavations. Consequently it does not appear to me to be permitted development and therefore full planning permission is required.

I am pleased you are preparing to discuss this matter with your solicitor. He/She I am sure, will be able to advise you on the acceptability of my advice to you on your shipping container and relevant case law, your pond and any other query you may have regarding the agricultural classes of the GPDO.

As you are aware the enforcement notice has now been served on you. Doubtless you will seek to appeal this. I suggest we concentrate on explaining our respective opinions on your development in our subsequent statements rather than duplicating this process now.

I hope you find this letter useful.


Yours sincerely




for Susan Walters
Head of Development Control