THE owner of an industrial estate has had its appeal to overturn measures to protect a Newquay nature reserve dismissed on appeal.

RT Julian & Son Ltd challenged Cornwall Council’s decision to reject its application to quash planning conditions as part of Prow Park Business Village’s controversial planning permission for a change of use of land for parking, storage and the siting of storage containers at Trencreek Meadows.

Residents of Bedowan Meadows and Trencreek have campaigned against the plans after the owners removed trees and vegetation on the site during the bird nesting season and installed around 20 storage containers and parked cars on the land without planning permission.

Cornwall Council’s planning condition states prior to any further clearance and construction works on site, a landscaping scheme shall be submitted to and approved in writing by the local planning authority.

The scheme should include details of all remaining trees and hedgerows on the land, showing those to be retained and measures for their protection to be used in the course of development; planting plans with written specifications including full schedule of proposed plants, details of the mix, size, distribution and density of all proposed trees, shrubs and hedges.

A Biodiversity Management Plan is submitted in writing to the local planning authority for approval to ensure that there is a minimum 10 per cent net gain in biodiversity within a 30-year period as a result of the development and shall include full details of all on-site and off-site measures required to achieve this, a timetable for provision of the measures as well as a maintenance and monitoring plan.

RT Julian & Son Ltd pledged the existing woodland would remain in its current state and the submitted Biodiversity Management Plan in part includes off-site measures at Perranporth Airport to achieve the required net gain.

But Planning Inspector Lewis Condé decided against discharging the planning conditions as the submitted details failed to satisfy the requirements of the permission.

Mr Condé said: “Although the submitted details state that the existing woodland would remain in its current state, with trees protected at the outer edges from construction machinery, they do not provide specific measures for that protection.

“Based on the submitted evidence, there is insufficient information to ensure that an appropriate landscaping scheme would be delivered in the interests of the character and appearance of the site and area.

“The submitted Biodiversity Management Plan relies, at least in part, on off-site measures at Perranporth Airport to achieve the required net gain. Although a letter of intent has been provided from the operators of the airport, whilst reference has been made to heads of terms, no completed legal agreement or other binding mechanism is before me to secure those off-site measures, or to ensure their long-term maintenance and monitoring.

“The Planning Practice Guidance explains that off-site biodiversity gains must be secured by a planning obligation or conservation covenant in order to be registered.

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“Without such a mechanism, I cannot be satisfied that the required gain would be delivered, maintained and monitored for 30 years.”