By Lee Trewhela

A Cornwall Council planning committee has approved by seven votes to three a retrospective application to allow a traveller to carry on living in a rural location he set up home at without permission.

Councillors heard local concerns that the man may be running an unregulated scrap metal yard from the environmentally sensitive former quarry.

Mr C Gillbard made the partly retrospective application for the single Gypsy/traveller pitch at Bodardle on Tanhouse Road, Lostwithiel.  He currently lives on the site where there’s a pole barn, single storey building and storage container. The applicant now has permission to add a mobile home and a touring caravan.

The planning application was only submitted after an enforcement notice was served on Mr Gillbard for unregulated development that has already taken place, with the use of the land changing from agricultural to residential without permission.

Despite the concerns of local councillor Sarah Preece and Lostwithiel Town Council that tyres, scrap metal and car parts have been dumped into the stream, leading to potential pollution and flooding, Cornwall Council’s planning department recommended approval partly due to a lack of Gypsy and traveller sites in the Duchy.

A planning report noted: “The site is located within an attractive valley setting and the development has been found to cause harm to this setting by reason of the incursion into the landscape. The site is well screened and the harm is localised to the immediate setting upon passing. As such, mild to moderate harm has been identified. The site has also undergone clearance prior to undertaking any ecological assessment and this has raised the possibility of harm to habitat.”

Cllr Michelle Nineham, of Lostwithiel Town Council, addressed Cornwall Council’s central area planning committee on Monday (November 17) stating that her council opposed the development of the old quarry because of its rural location within ancient Lostwithiel countryside, that it had not been designed to allow the applicant to live and work there, and because of the potential destruction of habitats in an area of great landscape value.

She said: “Before the applicant arrived on the site it was a naturally overgrown quarry. The applicant has already destroyed much of this habitat by cutting down trees and natural plant growth as well as laying concrete.

“The nature of the business being carried out on the site – and it is being carried out on the site – has a high risk of polluting the water course with fuels and metals, not only affecting the immediate environment but it’s also likely to pollute the downstream environment including the River Fowey which lies less than a mile away.”

Cllr Nineham added: “Tanhouse Stream [which is also known as the Cober] is highly significant here as blockages in this stream were found to have made a major contribution to the devastating Lostwithiel floods of 2010 and 2012. It is vital that any activity that might affect drainage and dispersion of water in Tanhouse Road is avoided. This stream runs through the quarry.”

She said the town council believes tranquillity and safety is already being affected by the applicant’s ‘business’ as vehicles with trailers frequently access the site. “These vehicles cause safety and congestion concerns in Lostwithiel.”

“Lostwithiel Town Council has carefully considered the rights and needs of the applicant as a traveller, but feel that these plans do not meet the criteria for a traveller site,” added Cllr Nineham. “Although we respect the need for the applicant to live in culturally suitable accommodation, we argue that there are far more suitable brownfield sites within Cornwall that are more suitable to his business needs and do not have a detrimental impact on the environment.”

Cllr Preece, who represents Lostwithiel and Lanreath, brought the application before the committee due to the potential for environmental harm. This included the harm already caused by clearance works and continued harm, particularly to the nearby stream through the storage of vehicles and siting of a septic tank.

She told the meeting: “Images shared by the applicant show extensive vehicle storage indicative of activities consistent with a scrap or vehicle dismantling operation. This is a regulated industry with strict rules around fuel, oils, metals and hazardous waste. The application contains no waste management plan, no pollution control measures and no confirmation that the activity is lawful or appropriately licensed.

“Residents report that they have had to clear tyres, scrap metal and car parts dumped into the stream during the last 12 months while the site has been inhabited.”

She pointed out the “extraordinary heritage” of the location. Bodardle is the first recorded settlement in Lostwithiel as mentioned in the Domesday Book of 1086. Cllr Preece said the development did not reflect the area’s historic and landscape importance.

She said there was a pattern of enforcement with the applicant. “Despite the protected characteristics of the applicant, the application should be denied and the site restored to its natural and historic condition.

A planning officer said that the agent for Mr Gillbard categorically denied that he is running a business from the site. “We have to run with it according to what has been submitted. If it turns out that a business is being run from the site they will have to submit a separate application,” concerned councillors were told.

Cllr Joanna Kenny responded: “It may not be part of this application but I think it’s absolutely key to this application with what exactly is going on there. I appreciate, as officers, you have to accept what the agent is saying to you, but that is conflicting with the evidence of the local member and of the local parish and community.”

Members were given legal advice to park any concerns about enforcement action as that is not part of the planning committee’s remit. The meeting heard there was also a question mark over ownership of the land.

Cllr Kenny proposed deferring a decision to give the applicant six months to ensure conditions of using the site are fulfilled. Cllr James Ball didn’t agree with deferral: “I don’t necessarily like retrospective applications – I don’t think many of us do – but I think with what we’ve got in front of us, I would be happy to propose approval as set out with conditions.”

Cllr Alan Rowe agreed: “The way to go forward is to approve the retrospective application and get some conditions on there to control the activity on the site, which we can then enforce at a later date if we choose to do so.”

A motion to approve was won by seven votes in favour and three against.

BBC Local Democracy Service