Row over new house in Cornwall on Constantine play area

Residents of Comfort Wartha in Constantine have been maintaining the patch of land since 1985, when a small cul de sac of eight houses was built.

At the time a condition of the planning was that there would be an area of open space and play equipment, known as a Section 52 agreement. 

Crownmark Developments Ltd has now won on appeal an application to build a house on the land, at the end of the cul de sac between two houses.

There is a further complication though, in that while granting planning permission the planning inspector has stressed that the validity and enforceability of the Section 52 condition was not the subject of the appeal, adding: "It is not, therefore, a matter that is before me to determine."

It is understood a separate application will need to be made and considered before this can happen. 

Cornwall Council, which originally refused permission on the grounds that it was an "unjustified loss of an open space with no suitable replacement", had written in its appeal statement that although money was paid to Kerrier District Council at the time of building, no maintenance was carried out nor the play equipment provided.

The council argued: "It is understood that the open space has been maintained by residents of Comfort Wartha and is used by children as a play area.

"It is clearly valued by residents of the estate who have expressed their support for its retention."

However, in granting permission planning inspector G Roberts said: "The land has not been formally laid out or maintained as public open space. As a consequence, the appeal site remains in private ownership and any access to it has been on an informal basis and at the discretion of the landowner."

The inspector said that the new development of a house included a financial contribution of £10,000 (index linked) to be paid before anyone moved in, which would be spent on improvements to Constantine Recreation Ground.

"I consider that the financial contribution included within the Deed would secure an appropriate level of replacement provision for the loss of the existing open space," added the inspector.

Children in Comfort Wartha, Constantine fighting to protect their play area last July. Picture: Christo Fogelberg

George Eustice, MP for the Camborne and Redruth constituency, which includes Constantine, has already written to Housing Secretary Robert Jenrick, querying why the lifting of such a condition could be allowed. 

He has now met with residents' association secretary Tom Kok and Cornwall councillor John Bastin at the play area, to discuss the concerns.

Mr Kok said: "Playground and play areas play a crucial role in preserving mental and physical fitness of kids and parents. Yet, some developers are keen to sacrifice designated open spaces and pay areas in support of their housing development. Planning should be done with communities, not to them.

"This pressure to sacrifice even open spaces graces with a section 52 agreement for housing development is mounting with property prices soaring around the county since the start of Covid-19.

"Nature deserves protection. It is vital in this time of climate emergency to protect any open green space within communities, and this is an opportunity for a planning inspector to underline this, in line with government pledges on climate change action."

Mr Eustice said: “The play park at Comfort Wartha was designated as a condition of the original planning decision but in a bizarre judgement a planning inspector recently gave the go ahead to build over it.

"We need to protect green spaces within developments.

"I will continue to follow the developments of the case at Comfort Wartha with interest.”