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View towards Rame Head from the west. Andrew/ARG_flickr - CC BY 2.0

View towards Rame Head from the west. Andrew/ARG_flickr - CC BY 2.0

 

Judicial Review Timeline

  • Prior Bid 'Not Accepted' 12th Jan 2016
    Application PA16/00102 for construction of three bungalows at the same location is abandoned by then owner Ivan Southworth after Cornwall Council advise at the Pre-App stage that, “The location is not considered sustainable and the principle of new built form in this sensitive setting is not accepted.“
  • Applicant Buys Land 6th Dec 2018
    Land Registry records show that applicant bought 0.6 acre plot for £8,500.
  • Applicant’s Pre-App Advice 23 Dec 2019
    Application PA19/0253 is validated by Cornwall Council on 23 December 2019 and the Pre-App advice given to the applicant on 25th February 2020 includes an assessment by the County Land Agent (CLA), noting that the principal reason that the applicant wishes to move out of the main farmhouse is to free up more space for B&B business. The Planning Officer notes that the site is located within the Cornwall AONB, in a highly sensitive and exposed cliff top setting at Rame, and that the siting of a dwelling in this relatively isolated position may cause harm to the landscape and scenic beauty of the AONB.
  • PA20/03747 Submitted 20 May 2020
    Application PA20/03747, for the disputed development, is validated by Cornwall Council on 20 May 2020.
  • MwRPC Support PA20/03747 22 May 2020
    Maker with Rame Parish Council Planning Committee (the applicant is the Chair of the Council) recommends application PA20/03747 for approval within two days. No public participation takes place. MwRPC states that COVID-19 restrictions prevented them from engaging with the public. Citizens are advised to make their comments directly on the Cornwall Council Planning Portal.
  • Officer Recommends Refusal 31 July 2020
    Cornwall Council’s Principal Planning Officer conducts extensive investigation and concludes that the development would harm the AONB landscape, that the design is out of keeping with the area, that it is too large, should not be built in such a prominent and beautiful location, would negatively impact the dark skies, have an adverse impact on the historic environment and nearby scheduled ancient monument as well as harming the Heritage Coast and the Site of Special Scientific Interest. The proposed development also breaches national and local policy.
  • Public Objections 16 Aug 2020
    By 16th August 2020, 137 comments have been submitted to the Cornwall Council planning portal, objecting strongly to the development on the grounds of damage to the AONB, inappropriate handling of the application and doubts over the agricultural tie. The 50 comments in support of the application focus on the applicant’s family history in the area and/or his work ethic.
  • CC Committee Vote in Favour 17 Aug 2020
    On 17th August, Cornwall Council’s East Sub-Area Planning Committee narrowly vote in favour of the application by 7 votes to 6 against the advice of the planning professionals. Arguments in favour of the application focus on 'agricultural need'. The support of Maker with Rame Parish Council also figures prominently. The Planning Officer of the Cornwall AONB Unit and a councillor with local knowledge object strongly to the development
  • RPG Submit PAP Letter 8 Sep 2020
    Rame Protection Group appoint Richard Buxton Solicitors and begin fundraising for a Judicial Review to challenge the lawfullness of the planning approval for application PA20/03747. The RPG legal team submit a Pre-Action Protocol letter to Cornwall Council.
  • CC Respond to PAP Letter 21 Sep 2020
    Cornwall Council respond to RPG PAP Letter, arguing that our case has no merit.
  • RPG Submit JR Claim 28 Sep 2020
    The RPG legal team submit a 200 page claim bundle with summary grounds for Judicial Review by 28 September, within the required six-week window of the Decision Notice giving conditional approval to PA20/03747.
  • Interested Party's Defence 19 Oct 2020
    The applicant - as Interested Party - submits Summary Grounds of Defence.
  • CC Submit Defence 20 Oct 2020
    Cornwall Council submit their Summary Grounds of Defence to our Judicial Review Claim, and ask the Court to dismiss our Claim.
  • Court Permission to Proceed 9 Nov 2020
    The High Court grants RPG permission to proceed on two of the three grounds put forward in our Summary Grounds for Claim. These are that a) the Council breached its duty to give reasons for allowing development within the AONB and b) that the Council failed to determine if the development accorded with the Development Plan. Case to be heard in Bristol on 24 February 2021.


CSS/HTML adapted from 'CSS3 timeline'
 

Development on Rame Head (PA20/03747)

On Monday 17th August, the Chairman of Maker with Rame Parish Council obtained planning approval to build a large, modern house with a double garage on a green field site within the Area of Outstanding Natural Beauty on this iconic headland. This was despite the opposition of the County Councillor, the Planning Officer of the Cornish AONB, the recommendation of the Principal Planning Officer, the South West Coast Path Association, the Council for the Preservation of Rural England and almost 140 local citizens. On the day, fellow farmers rallied to support one of their own and swung the vote, seven in favour to six against. The support of the parish council was also an important influence in this decision with the Vice Chairman, John Shepherd, speaking in favour of the proposal, along with the applicant himself.

Locally, there is grave concern that the Maker with Rame PC – in taking just two days to publish their unequivocal support for the application – a) failed to adhere to their own Code of Conduct; b) breached Government legislation issued 6 weeks previously that required local councils to use video or telephone conference technology to allow public participation in meetings; and c) omitted to follow the specific guidelines of the Cornwall Association of Local Councils (CALC), of which the PC is a member.

More generally, the outcry against this planning approval has been widespread and passionate. Some of the objections that have been raised by citizens are summarised under the Objections section on this page. Within a week of the planning approval more than 2000 people had signed a petition calling on Cornwall Council to reverse the decision. 

This case is particularly important because of the precedent it sets. Unless this decision is overturned, any farmer can use this example to defy protective legislation to put up a new executive style house in the most beautiful and unspoilt parts of the Cornish Coast on the grounds of wishing to use bedrooms in his or her farmhouse for tourist accommodation.

Whereas an applicant whose planning application is refused has the right of appeal, that option is not open to people who object to a planning proposal that has been approved. The only legal means by which citizens may still be able to stop this development is a Judicial Review (JR). 

 

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A JR does not address the rights and wrongs of the decision but focuses on whether the meeting was conducted correctly, and whether the councillors took account of all relevant legislation and policy frameworks in reaching their decision. 

The Rame Protection Group believes that procedural improprieties in the planning meeting invalidate this planning approval and have instructed our lawyers to pursue a JR to seek to overturn this decision. We chose to instruct Richard Buxton Solicitors, who have an unparalleled track record of redressing environmental injustice throughout the country.

A JR claim must be filed with the Court within just 6 weeks of a planning approval being issued so swift action was necessary to have lawyers prepare the case within this timeframe.

Our claim was filed by the deadline of 28th September 2020, and we were delighted to learn of the High Court’s decision on 9th November to grant us permission to proceed with our claim.

Judicial reviews are costly. The Rame Protection Group is only able to take this legal action because of the magnificent support and generosity of the hundreds of people who have already made pledges on www.crowdjustice.com/case/save-rame-head/

If you share our belief that we owe it to future generations to leave the iconic Rame Head as we found it – free of modern housing – please consider supporting our legal case. Pledges on the CrowdJustice page can be anonymous and all funds are transferred directly to our lawyers. Every pound raised will be accounted for through the invoices and receipts from the legal team. The CrowdJustice appeal will be open until the court hearing on 24th February 2021.