Sun Valley Holiday Park, Pentewan, ST. AUSTELL, PL26 6DJ

Authority: Cornwall Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: caravan-gypsy · Minor traveller and caravan pitches
Inspector: Dudley G

Main issues, as the Inspector framed them

The main issue in this case relates to whether the decision to refuse the LDC was well founded and, in particular, to which planning permission controls the use at the site, and whether any subsequent permissions have an effect on that permission.

What decided it

Permission C/SAU/61/16671 was found to be a standalone, unconditional base permission for the site, unconnected on its face to the holiday-use restricting condition 4 of the earlier permission 16393.

Judgments cited: Kemball v SSCLG [2015] EWHC 3338 (Admin); University of Leicester v SSCLG & Oadby & Wigston BC [2016] EWHC 476 (Admin); Lambeth LBC v SSCLG and Aberdeen Asset Management Nottinghamshire & HHGL Ltd [2019] UKSC33; Newbury DC v SoS for the Environment [1981] AC 578 (1980)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
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