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Planning appeal decision

Notice varied and upheld31 August 20213263880

Land West of Old Mill Farm, Stoke Climsland, Callington, Cornwall, PL17 8LB

Planning appeal 3263880 at Land West of Old Mill Farm, Stoke Climsland, Callington, Cornwall, PL17 8LB (Cornwall Council) was allowed in part (a split decision) on 31 August 2021 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: The effect of the building and storage uses on the character and appearance of the area.

Change of use from agricultural land, used previously for farming chickens which is covered by an area TPO18/00004, to a use to facilitate the occasional residential use of two caravans/mobile homes, storing of building materials (steel sheets, granite stone, timber and stone chippings), plus the construction of a timber building

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Symons G
Postcode
PL17 8LB

Main issues, as the Inspector framed them

  • The effect of the building and storage uses on the character and appearance of the area

What decided it

The timber building has a domestic appearance out of keeping with the natural woodland surroundings and the storage of materials is untidy and detracts from the woodland setting, causing harm to character and appearance that is not outweighed by any material considerations.

The harm to character and appearance of the area from the building and storage of materials outweighed the material consideration that woodland management could continue using the retained caravan for rest and storage.

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 12Policy 23Policy 3Policy 7Policy 27
Judgments
Tapecrown Ltd v. First Secretary of State [2006] EWCA Civ 1744

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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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2021

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
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  3. Notice upheld29 July 20263364019
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  4. Notice varied and upheld28 July 20263367244
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  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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.