Members of a Cornwall Council planning committee were torn this week and ultimately had to refuse two housing applications which would have seen the seaside village of Charlestown gaining £2 million worth of land and building assets for just £1.
JJ Jones and Sons Ltd had applied for two separate applications to build four large houses at Church Road in the village near St Austell and another two near Charlestown Road. The meeting at County Hall / Lys Kernow in Truro on Monday heard there was an unusual caveat that if St Austell Bay Parish Council agreed to back the proposals, landowner Wain Homes would gift the seven "once in a lifetime" assets to the local council and the Charlestown community.
Members of Cornwall Council's central area planning committee were warned by a senior officer that applicants "simply can't buy planning permission" and they should adhere to planning policy.
Read next: People power wins as homes plan which split community is refused
Read next: Safety fears over affordable homes for 'proper job locals'
The applications were recommended for refusal by the planning department because they were outside the Charlestown settlement boundary as set out in the local development plan and they would also negatively impact the village's World Heritage Site status and conservation area.
However, local member Cllr James Mustoe called the applications to committee because he believed the public benefits of the freehold assets being offered to the parish council outweighed conflicts with planning policy.
Get the best stories and latest news delivered to your inbox every day. Choose what you want here.
The seven parcels of land and buildings being offered as a gift by Wain Homes for a nominal fee of £1 included the Pattern Hall community centre and parish council offices, the Regatta Field, Church Road playing field, Rope Walk and woodland, the church hall and car park, and a small parcel of land adjacent to Charlestown roundabout.
"None of them have any direct relevance to the application", said planning officer Alex Lawrey. "Obviously, it would be of benefit to the parish council to get these areas of land cheap, but they don't actually help to mitigate any of the negative impacts of the application."
St Austell Bay Parish Council chairman Bill Leach said the two areas were scrubland just outside the development boundary and the public benefits of building the six houses were so great the applications should be approved. "The harm would be less than minimal and the community benefit from the acquisition of the other plots would be huge. This community benefit could not and should not be measured in financial terms alone, but also in terms of cultural and heritage gain," he said.
The parish council surveyed every household in the parish for their opinion and the results "gave us a very clear mandate to proceed". The chairman added: "I know there are some objections on the planning portal from some residents but overall this survey was a massive indication of community support for the project." Most of the proposals on the seven assets received 70 per cent approval.
"This is the greatest opportunity our parish will ever have to secure these assets for the future," said Cllr Leach, but he admitted the parish council would not have supported the applications without the assets offer.
Committee member Cllr John Fitter said: "There's one thing that concerns me about the premise of this application and it is a suggestion that the applicants are in effect buying permission; by offering a very attractive deal for the benefit of the parish in return for planning permission, which would normally not be granted in this location. Do you recognise that concern?"
The parish chairman replied: "Of course. It is a view that's been expressed and we have discussed it on the parish council for quite a long time. I think an awful lot of good could come from this, with the protection of the whole of the area being implicit in this happening. There are only two small areas to be developed, but the gain is huge."
Malcolm Neill, who has lived in Charlestown for more than 60 years and was previously a parish councillor, said he was astounded by the generosity of Wainhomes offering the land and buildings. "It is, as far as I'm concerned, a once in a lifetime opportunity for St Austell Bay Parish Council and the community it represents. The gains to our community are enormous and far outweigh any harm within these applications."
Local member Cllr James Mustoe said he'd called it to committee as the offer the parish council has been given is "like nothing I've ever encountered before in my ten years as a Cornwall councillor". He said the assets were worth around £2m but the community importance of them coming into public ownership was just as valuable.
Cllr Michael Bunney said: "It's fair to say, this is a tricky application." Councillors were warned by senior planning officer Gavin Smith that there were no direct links to the parcels of land and the applications, so they weren't mitigating any of the harm. Members were told to disregard the offer by Wainhomes to the parish council.
"I hate saying that because I know it would be good for the parish council, but you simply can't buy planning permission," said Mr Smith. "It's that simple. Sorry."
⚠️ Want the latest Cornwall breaking news and top stories first? Click here to join CornwallLive on WhatsAppand we'll send breaking news and top stories directly to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.
Cllr Peter Guest asked if it could not be argued they would be futureproofing Charlestown and its uniqueness against inappropriate development by allowing the applications. Mr Smith said it would be sending a message to the Cornish community that the committee wasn't mindful of planning policy.
Cllr Fitter said the applicant wasn't at the meeting but instead the parish council was being used as a "Trojan horse" to present the application, which he argued didn't have the added value of being affordable housing.
Cllr Bunney added: "We absolutely must be policy driven and the application must be judged in policy terms not based upon offers, otherwise Cornwall would be in a very difficult position. I'm struggling to find policy terms where I can confidently propose approval, even though that's what I want to do."
Chairman Cllr Alan Jewell proposed refusal as recommended and the committee voted four in favour with three against refusal and no abstentions. The second application was also refused with six in favour of refusal, none against and one abstention.
To sign up to the weekly Cornwall Politics newsletter click here.