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Planning appeal decision

Allowed16 December 20223255090

Land To The West Of New Road , St Hilary , Penzance, TR20 9EA

Planning appeal 3255090 at Land To The West Of New Road , St Hilary , Penzance, TR20 9EA (Cornwall Council) was allowed on 16 December 2022 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area and on the outstanding universal value of the Cornwall and West Devon Mining District World Heritage Site (WHS).

Change of use of land to 1 no. Traveller site including 1 no. mobile home, 1 no. touring caravan, 1 no. polytunnel, and 1 no. shed

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Nicholls H
Postcode
TR20 9EA

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area and on the outstanding universal value of the Cornwall and West Devon Mining District World Heritage Site (WHS)

What decided it

The significant public benefit of delivering a much-needed traveller pitch, given the acknowledged lack of a five year pitch supply and absence of alternative sites, outweighed the negligible/less than substantial harm to the WHS and to the character and appearance of the area.

The significant public benefit of providing a much-needed traveller pitch outweighed the less than substantial harm to the designated heritage asset (the WHS) and the negligible harm to the character and appearance of the area.

What the Inspector cited

Development plan policies
Policy 11Policy 23Policy 24Policy P3Policy C2Policy C7
National Planning Policy Framework
Paragraph 200
Judgments
Smith v SSLUHC & Ors [2022] EWCA

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.