January 8th, 2016
‘Enabling Development’ Procedures Ignored In St. Ives, Cornwall
David Sumner at Larcomes LLP has kindly assisted local residents concerned by the failure of the local authority to respect the ‘Enabling Development’ rules which allow, in certain circumstances, development that would normally be refused, to go ahead.
The proposed development is of the large garden of a hotel in the St Ives area. Environmental losses will include 60 mature trees and a hedgerow noted as a Biodiversity Action Plan (BAP) Priority Habitat for a rare fern. Permission was granted because the Christian group who run the hotel are in financial difficulties.
However, the Application/Committee Report failed to address almost all the criteria customarily applied to Enabling Development (such as market testing and evidence of public benefit).
Building on the work of the local community, David Sumner has identified significant procedural issues and we are waiting for the s.106 agreement and decision notice to be issued, with a view to challenge the decision.