®Planning appeal decision
Land North Of Higher Rosewarrick, Lanivet, Bodmin , Cornwall, PL30 5JS
Planning appeal 3267255 at Land North Of Higher Rosewarrick, Lanivet, Bodmin , Cornwall, PL30 5JS (Cornwall Council) was allowed on 22 December 2022 by Inspector Wyborn D, following a hearing. The main issue, as the Inspector framed it: whether or not the development plan and national policy would support the proposal in this location having regard to whether the site would have reasonable access to services and facilities by a range of transport modes.
Change of use of land to a private Gypsy site
- Authority
- Cornwall Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Wyborn D
- Postcode
- PL30 5JS
Main issues, as the Inspector framed them
- whether or not the development plan and national policy would support the proposal in this location having regard to whether the site would have reasonable access to services and facilities by a range of transport modes
- the effect of the proposal on the character and appearance of the area
What decided it
The cumulative weight of unmet Gypsy and Traveller accommodation need, absence of alternative sites, and the personal circumstances of the occupiers (including the children's best interests) outweighed the conflict with Policy 11 arising from the lack of a range of transport modes to access services.
The substantial weight given to unmet pitch need, the lack of a five-year supply of deliverable pitch sites, longstanding policy failure, absence of alternative sites and the personal circumstances of the occupiers outweighed the limited and specific conflict with Policy 11 and the development plan as a whole arising from the lack of a range of transport modes.
What the Inspector cited
- Development plan policies
- Policy 11Policy 7Policy 2Policy 12Policy 23Policy 2a
- Judgments
- Smith v SSLUHC [2022] EWCA Civ 1391
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.