Pendower Hotel Cornwall Appeal Dismissed

An Inspector has dismissed an appeal against the decision of Cornwall Council to refuse an application for the demolition and conversion of existing buildings and the construction of 3 open-market residential dwellings, 20-unit apartment hotels with ancillary buildings at Pendower Beach in Cornwall in a visually and ecologically highly sensitive area. We were instructed by Friends of Pendower Beach, the Rule 6 Party in the appeal, to oppose the development.

The appeal site lies at the foot of the Melinsey Valley within the Roseland Peninsula and forms part of the Cornwall National Landscape (CNL), Heritage Coast, and within the Pennarin Point to Portscatho Wildlife Site. It is connected to the outside world by the narrow, rural Rocky Lane enclosed by Cornish Hedges used by the public to access the beach. While there has been a gradual extension of built environment on the site since the 17^th Century, later converted and used as a hotel until 2007, the buildings are now mostly unoccupied and have fallen into disrepair with the exception of a seasonal beach café still operating out of the site.

The appeal centered around four main questions which were explored through expert evidence during a six day planning inquiry, these were:

1. the effect of the proposal on the character and appearance of the area with particular regard to whether it would conserve and enhance the landscape and scenic beauty of the CNL and Heritage Coast;
2. the effect of the proposal on ecology, with particular regard to the Pennarin Point to Portscatho Wildlife Site;
3. whether the proposal makes adequate provision for Biodiversity Net Gain; and
4. whether the proposal constitutes major development within the CNL, and if so, whether there are exceptional circumstances or it can be demonstrated that the development is in the public interest.

‘Character and Appearance’

The Inspector found that the proposal would cause significant harm to the character and appearance of the area, and that it would fail to conserve and enhance the landscape and scenic beauty of the CNL and Heritage Coast and therefore fail to meet the statutory duty set out in Section 85 of the Countryside and Rights of Way Act 2000 and conflict with the policies set out in the Local, Neighborhoud and Development Plans. Her reasons were that the proposed development would be substantially larger than the existing buildings, making them a dominant feature in the landscape and readily discernible to those in the surrounding area, including longer distance views from Nare Head and that the proposal would reintroduce additional lighting into, what is now, a very dark environment through light spills from buildings occupied and operating all year around. Additionally, the Inspector was unable to conclude that the scheme had adopted a landscape-led approach which was a central point to the Friends of Pendower’s case.

Ecology & Biodiversity Net Gain

The Inspector also found that the development would cause unacceptable harm to the Wildlife Site through encroachment into the site and habitat loss as the need and benefits does not outweigh the coherence of the existing ecological network being maintained, reduce the extent of the protected site and bisect the area and thus reduce the connectivity between the habitats.

Additionally, the Inspector found that based on the evidence in front of her, she cannot be certain that a 10% net gain in BNG would be achieved and in any event there was a lack of evidence that the proposal has taken sufficient account of the mitigation hierarchy or the bet outcome of ecological terms for the area.

Major development

Finally, after having considered the relevant factors to determine whether the proposal can be considered as a major development and whether there are exceptional circumstance which permit construction in National Landscapes,  the Inspector has found that the new hotel would deliver moderate economic benefits and limited social and environmental benefits when they are considered cumulatively and that the harm from arising from the development could not be moderated to make it acceptable.

Edward-Arash Abedian of Landmark Chamber was instructed as Counsel and Colette Holden of Gain Consulting as a Landscape and Visual Impact and Ecology expert.

Richard Buxton Solicitors have extensive experience representing Rule 6 Parties at planning inquiries. If you, or your group, is seeking representation or advice in relation to a planning appeal, please contact us at 01223 328933 or law@richardbuxton.co.uk to discuss how we might best be able to assist you.