Cornwall Council has turned down a retrospective application for the four holiday pods, swimming pool and other structures
The holiday pods which were built without planning permission at Angarrack(Image: SWNS)
A controversial application to retain holiday cabins that were installed in the garden of a property in Cornwall without the necessary planning permission have been refused.
Ross Cheal had submitted a retrospective planning application to maintain four holiday pods, a swimming pool, a gym/garage building, and an extended driveway at his Steamers Meadow, Angarrack property in Hayle. A retrospective application is one that is made after the work has already been carried out.
The application also requested permission to keep an annexe, which was transformed from a previously approved garage/studio, as well as approval to change the use of land to residential with the construction of a detached garage.
Hayle Town Council strongly opposed the proposal, and a few neighbours did not hold back in their opposition to what they considered a “holiday park” being permitted to remain. The Environment Agency also raised objections to the application.
Despite being constructed without authorisation, the holiday lodges are listed for rent on Airbnb under the name Riverside Retreats, where they consistently receive positive reviews.
A planning officer’s report detailed the unauthorised work carried out without planning permission: four holiday pods with landscaping, a swimming pool with raised platform, an outbuilding currently serving as a garage and gym, a self-contained annexe in place of a previously approved garage, a rear extension, change of land use to residential and an extended driveway.
The council’s planning department rejected the application on Thursday (January 15) on flood risk safety grounds.
A refusal notice states: “The development would grant consent for four new residential units, a new vulnerable use, as well as further residential development on land that sits adjacent to Angarrack Stream and is identified by the Environment Agency to be within Flood Zones 2 and 3, the Hayle Critical Drainage Area, areas susceptible to ground water flooding and areas at risk of flooding from rivers and seas.
“Cornwall Council’s Strategic Flood Risk Assessment mapping also identifies the site to be at risk of 1 in 30 year, 1 in 100 year and 1 in 1,000 year surface water flood events. In the absence of sufficient technical information and evidence, the application has not demonstrated that the pods could not reasonably be accommodated in areas of lower flood risk and as such the proposal fails the sequential test.
“Furthermore, and as a result of the inadequate Flood Risk Assessment submitted, it has not been demonstrated that the development would be safe for its lifetime, will not increase flood risk elsewhere, is appropriately flood resistant and resilient, and that in the event of a flood there is a sufficient Flood Warning and Evacuation Plan in place that will ensure the safety of users of the site.
“The significant and unresolved harm arising from flood risk is fundamental to the assessment of this proposal. Consequently, any modest benefits associated with the scheme do not outweigh this harm and do not negate the need for the proposal to demonstrate that the development can be delivered safely and appropriately in compliance with policy requirements.”
A planning officer’s refusal report observes that had it not been for the flood risk concerns, the holiday lodges would have met policy requirements as they “would be of an appropriate scale to their location and to their accessibility by a range of transport modes”. The other retrospective components were also deemed “acceptable in principle, subject to the consideration of relevant planning matters”.
One local resident who objected to the application wrote on the council’s planning portal: “Since the holiday use began, there have been frequent sewage issues in the immediate area. This raises questions about whether the site’s waste and drainage systems are adequate for the level of occupation.
“I understand Cornwall encourages tourism, but this is a residential plot and this level of commercial intensification appears contrary to planning policy. The proposal effectively seeks to regularise a second dwelling plus a holiday park that were never approved.
“I respect responsible development, but this represents a significant unauthorised intensification and change of use, with real negative impacts on neighbours, local wildlife and village character. Approving this retrospectively would set a concerning precedent.”
Cornwall Council has been approached for comment on whether enforcement action will now be pursued at the site.
