St Martin – By - Looe Parish Council
MINUTES FOR THE PLANNING MEETING HELD ON 11th JULY 2012 AT 7.00PM
AT LOOE COMMUNITY ACADEMY, LOOE.
Attended by:
Chair: Cllr Robert Henly Vice-Chair: Cllr Roberta Powley
Parish Councillors, Lynne Burt, Barbara Reynolds.
Mr. Charles Hyde, Clerk and Proper Officer of the Council.
County Councillor Armand Toms.
Looe Town Council: Planning Chairman Cllr David Bryan, Vice Chairman Cllr Trevor Stacey
Cllr Paul Crossley and Cllr Chris Rose
Mrs. Anne Frith, Town Clerk
Mr N Miles – Espalier
Mr S Hodgson – Espalier
Mrs S Gavin – Plaidy Park Road Ltd
Mr A Brown – Kellow Residents Association
Agenda Item 1: Apologies:
Councillors Elford, Gregory, Hoskin and Mrs Powell.
Agenda Item 2: Declarations of Interest:
None declared.
Agenda Item 3: To receive questions or statements from Members of the Public:
Prior to questions being taken the following statements were made:
Councillor Bryan:
Welcomed all to the meeting and informed that this meeting is a special joint meeting with St Martin’s Parish Council to discuss planning application no PA12/05430 – Millendreath and he introduced the Looe Town Councillors present.
Cllr Henley introduced the St Martin’s Parish Council Councillors present and their Clerk.
The application was explained to all present and were asked to raise issues relating to planning matters only.
County Councillor Armand Toms:
Making a decision on this application will be very difficult as it is only a small part of a much larger development, it would have been preferable to be presented with the full plan for the valley, and therefore consideration will be made using the known facts. Access to the upper properties is in dispute as it appears there is no legal right of way through Plaidy. When questioned the developer gave an assurance that this would not happen, this is clearly incorrect.
If asked by both Councils, County Councillor Toms will be happy to call in the application for consideration by the Strategic Planning Committee.
St Martin’s Chairman Robert Henly:
Pointed out that the application includes a statement that the coastal path would be realigned, when questioned at the St Martin By Looe Parish Council meeting on 5th July 2012, Mr. Rick Gibbs from Espalier confirmed that this was an error as no plans exist for the coastal path realignment.
St Martin’s Parish Council asked Mr Gibbs amends this error on the application.
Looe Town Council Chairman Cllr David Bryan:
Read out two letters from residents concerned about the proposed access via Plaidy Park Road.
Public Questions and statements: (see appendix A – D attached to these minutes).
Various questions and statements were read out by members of the public and organisations including the Kellow Residents Association. The predominant concerns were in relation to the access via Plaidy Park Road and the proposed construction traffic through Plaidy Lane. The legality of access is in question as Plaidy Park Road is a private road maintained by the residents and no access to Millendreath is permitted. Questions over access from the property known as “Upalong” resulted in agreement that there was never a vehicular right of way to this property. Concerns were also raised about the loss of the amenity enjoyed by residents of Plaidy and Kellow of the coastal footpath, due to increases in footfall due to the development.
The Chairman invited the representative from Espalier, Mr. Nigel Miles to answer the questions raised.
When Espalier purchased Upalong they were aware that there was no right of way via Plaidy/Kellow to the property. However, since purchased the legal team have discovered that they do have a right of way, Espalier have provided evidence of this legal right to Cornwall Council Planning.
Regarding construction traffic, the properties will be constructed via the valley, (May Lane), however access via Plaidy Lane may well take place.
With regard to County Councillor Armand Toms statement, the original planning brief did contain a phased project, and currently phases 1 & 2 are being implemented. However, since the original brief was published the economic situation has changed and it is not now possible to present a detailed plan for the whole valley; a further two planning applications are to be submitted shortly which include a state of the art leisure building and detailed planning for the east side of the valley.
The conditions on the Valley bungalows (the chalets) are being enforced, however discussions are taking place to minimise any disruption.
The original planning brief was for approx 350 properties, it is now proposed that no more than 150 properties be built on the site. The constraints on the development are purely financial; there is little point in building all of these properties just to find they will not sell. The phased approach to the development is quite normal and the published schedule was always subject to change.
Espalier has held public exhibitions at the office in Millendreath clearly showing the current plans for the site.
Regarding the suggestion that once access via Plaidy has been secured, a new access road to Millendreath will be constructed is totally incorrect. No such plans exist.
Access will be maintained for residents of Millendreath to the beach and meadow, however it must be noted that no rights exist and development of parts of the meadow is proposed.
The Chairman informed all present that there would be a short adjournment for the Councils to consider their response.
Agenda Item 4: Planning Application:
4.1.1: Application No: PA12/05430.
Description of development: Construction of 14 holiday homes (each with a 52
week per annum occupancy), erection of one replacement residential dwelling, construction of sea defence wall, car parking, re-alignment of coastal path, hard and soft landscaping and associated works. (Demolition of existing residential building).
Location of Land: Millendreath Holiday Village, Millendreath, Looe, Cornwall PL13 1NY.
Name of Applicant: Espalier Developments (Millendreath) Ltd.
St Martin’s and Looe Town Council’s decision: Object. (see below).
St Martin By Looe Parish Council and Looe Town Council decided at a public meeting, held on 11th July 2012 and attended by approx 100 member of the public, that Planning Application Number PA12/05430 (Construction of 14 holiday homes at Millendreath) be referred to County Councillor Armand Toms to be called in for consideration by the Strategic Planning Committee on the following grounds:
It was clear from the questions, observations and statements made by members of the public that insufficient information was provided to both Councils to make a decision. The legality regarding access to the three upper properties from Plaidy needs to be clarified.
The developers should consider withdrawing the application until the legal issues have been resolved.
Date and Time of Next Meeting: Parish Council Meeting, 7.30pm, Thursday 6th September 2012, at No Man’s Land Memorial Hall.
There being no other business the meeting closed at 8.30pm.
Appendix ‘A’
PLAIDY PARK ROAD LIMITED
PL13 1LG
Points for LTC Meeting re: Millendreath Planning Application
1. Application states that vehicular access for 3 higher units on the site of Upalong will be via the ‘publicly adopted’ Plaidy Park Road.
2. There is no agreed or implied access over Plaidy Park Road. Implied rights have to be evidenced for a period of 20years, and they cannot be transferred to an increased number of properties subsequently developed on that site. As this is the only suitable access to the Kellow estate, which gives the final access route, this is a paramount consideration.
3. During the consultation process some years ago assurance was given by Espalier that no vehicular access would be sought via the Plaidy & Kellow estates.
4. Referring to the Millendreath Development Brief of 2009 section 6 – Site Assessment states that ‘direct access is possible on foot via Kellow & Plaidy via the SW Coast Path’.
5. Points from exhibitions include:
a. Increase in foot traffic via coastal path – recommended action was to be addressed at planning stage
b. Use of Hay Lane for construction OR visitors – response was that Hay Lane was not to be used
Finally – Upalong was not part of this brief – the site has since been acquired – therefore any planning applications should be separated out?
Appendix ‘B’
Kellow Residents Association
Andrew Brown
Hazelwood
Kellow
Looe
PL13 1LE
The Looe Town Council
11th July 2012
The Kellow Residents Agreed Position Concerning the Millendreth Development by Espalier
The Kellow Residents Association (KRA) position concerning the Millendreath development by Espalier has been previously agreed at a full and formal meeting of Kellow residents and is hereby provided by the KRA’s senior officers to the Looe Town Council. The KRA position has been conveyed to Espalier for comment and subsequently agreed with Espalier over the past 2 years, namely:
· Neither Espalier or any of its sub contractor or subsequent owners of Espalier developments have inherited any actual or implied rights of way over Kellow. This statement is confirmed by the road owner
· There will be no vehicular access across Kellow to access the three units to be built on the ‘Upalong’ site via Kellow
· There will be no more than three parking spaces for new Upalong units.
· Parking on Kellow Lane/Road by owners /visitors to the three units is not permitted.
· Construction Traffic will not access the Espalier site via Kellow
· Construction workers/Contractors will not to use Kellow for access/parking to the Espalier site.
· Parking on Kellow roads by visitors to the development or subsequent owners/tenants is not permitted.
· The number of units to be included in the development will not exceed the lowest maximum number notified to the KRA at the meetings held during 2010, 2011 & 2012.
It was noted by the KRA that access to the ‘Upalong’ site has been restricted by the landowner over the past decade to ensure that the rights were maintained.
Andrew Brown (Chairman KRA)
Paul Hicks (Deputy Chairman KRA)
Appendix ‘C’
FOR INFORMATION
Our ref: JLF/VR/93739-0001
Your ref:
Date: 10 July 2012
Dear Sirs
OUR CLIENT: PLAIDY PARK ROAD LIMITED
Managing Director
Espalier Developments (Millendreath)Ltd
102 Middlesex Street
London
E1 7EZ
We have been consulted by the above named. You will be aware that our clients own Plaidy Park Road
We understand that approximately 3 years ago you purchased Upalong which is in Millendreath and adjacent Kellow.
We understand from our clients that Upalong was an existing residential property and that you let this property to third party tenants.
We are advised by our clients that there is no vehicular right of way to the land and that the only right of access to the land is by way of a path leading up from May Lane, Millendreath over which you only have the benefit of a pedestrian right of way.
We are advised by our clients that shortly after you purchased the land, you entered into an informal Deed of Grant with our client whereby our clients agreed that you would have a vehicular right of way over Plaidy Park Road for residential use only and in consideration for this, you had agreed to pay our clients the sum of £10.00 per week. We further understand that this Deed of Grant was only in place for a period of 12 months. Therefore, not only has the Deed of Grant long since expired, you have never paid any monies to our clients in respect of the same.
We are advised by our clients that you have applied for planning to enable you to build a number of properties on your land.
Our clients are concerned about this given that you have no vehicular right of way to the land.
For the avoidance of doubt, at this stage our clients will not permit you a vehicular right of access over Plaidy Park Road until they have sought instructions from all of their shareholders. They do intend to hold a shareholder's meeting about this issue. In the meantime, should you, or any third party on your behalf attempt to use Plaidy
Park Road for vehicular access to your land, our clients will apply to the Court immediately for injunctive relief and will seek the costs of any application from you.
Furthermore, if in using Plaidy Park Road for vehicular access you cause any damage to Plaidy Park Road, our clients will seek damages from you in respect of the same.
We are advised by our clients that within your planning application you have wrongly stated that Plaidy Park Road is an adopted highway. We would remind you, for the avoidance of doubt, that Plaidy Park Road is a privately owned road and access is not permitted without prior negotiation. We trust that you will amend your planning application to reflect this fact. Our clients will be producing a copy of this letter to Looe Town Council in any event.
It would appear from consideration of the emails that you have sent to our clients that there may be some confusion on your part in relation to the layout of the access to Upalong. Therefore, our clients have suggested that it would be sensible for there to be a site meeting so the layout can be clarified.
Should you be in any doubt as to the contents or implications of this letter we would strongly advise you to seek independent legal advice.
Yours faithfully
Signed for and on behalf of Nalders LLP
Email:
Appendix ‘D’ (Received after the meeting)
Mr P Banks
County Hall
Treyew Road
Truro
TR1 3AY
By email
let.013.KW.PB.16840004
11 July 2012
Dear Paul
MILLENDREATH - WATERSIDE SITE
PLANNING APPLICATION PA12/05430
Indigo Planning submitted the above application to Cornwall Council, on behalf
of Espalier Developments (Millendreath) Limited (EDL) on 29 May 2012. The
application was validated on 31 May, and the formal consultation period runs to