Cornwall Council 'does not have the power' to stop development works at G7 hotel
It has urged the Carbis Bay Hotel to halt works until planning permission is granted
Cornwall Council has explained that it is unable to stop development works which are taking place at the G7 host venue without planning permission.
This week the authority said that it was “urging” the Carbis Bay Hotel to cease work on the development of meeting rooms which will be used for the G7 summit in June.
However earlier today it was said that works are continuing on the site despite the comments made by Cornwall Council.
It came after the hotel submitted a planning application for the works after enforcement officers launched an investigation.
Enforcement officers found that planning permission was required and so the application was submitted.
Cornwall Council issued a statement yesterday saying: “Planning legislation does not give us powers to stop works whilst we determine the application, but we urge owners to do so.”
However this has led to a number of comments from people asking why the council is not able to take action to stop the works.
In order to issue a stop notice the planning authority would have to be able to show that it was likely that the development would be refused planning permission.
Planning officers would have looked at the planned development and the application which has been submitted and used their professional judgement on whether they could say for certain that planning permission would not be granted.
That would not be pre-determination of the application, but it would have to be a consideration before any formal action was taken against the hotel.
However they will have warned the hotel that they risk having to remove any development if planning permission is refused.
Cornwall Council is believed to have only been told what the development would be for earlier this week when the planning application was submitted.
While the application has been submitted it remains to be seen how it will be determined – whether that is under delegated powers by planning officers or by the council’s planning committee.
Tim Dwelly, Cabinet member for planning and economy, said: “As a council, we say to any landowner that they should cease unauthorised works and only go ahead if/when the works have planning permission.
“We always urge landowners to respect this request. I had expected Carbis Bay Hotel to do exactly this, in response to the enforcement case triggered by complaints about tree felling and laying of concrete foundations without planning permission.”
He added: “I hope the hotel now takes note. Local people should have their comments considered through the transparent planning process, one which weighs up the pros and cons of development at this site in an objective, considered manner.
“This will be much harder should any further unauthorised and permanent works continue.”
In a statement issued last week, the Carbis Bay Hotel said: _“The investments in the estate over recent years, including our on-site Energy Centre, have cemented Carbis Bay’s position as one of the UK’s best and greenest destinations, in one of the most beautiful bays in the countr_y.
They added: “Carbis Bay Estate is committed to sustainability, and dedicated to protecting the environment now, and for generations to come.”
We have asked for a further comment and we are waiting to hear back.