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Planning appeal decision

Notice varied and upheld11 May 20223272757

Chy Kerenza, North Pool Road, Illogan, Cornwall, TR15 3JQ

Planning appeal 3272757 at Chy Kerenza, North Pool Road, Illogan, Cornwall, TR15 3JQ (Cornwall Council) was allowed in part (a split decision) on 11 May 2022 by Inspector Graham J, following a hearing. The main issue, as the Inspector framed it: The single main issue is the effect on the character and appearance of the area.

Without planning permission, the erection of two semi-detached residential dwellings

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Graham J
Postcode
TR15 3JQ

Main issues, as the Inspector framed them

  • The single main issue is the effect on the character and appearance of the area

What decided it

The as-built dwellings' gabled roof, increased ridge height and enlarged porches caused an adverse visual impact conflicting with Local Plan Policies 12 and 13, with no outweighing considerations, so ground (a) failed and demolition (or alteration to the approved plans) was required.

The harm to the character and appearance of the area from the unauthorised design was not outweighed by other considerations, so ground (a) failed; but the notice was varied to allow alteration to the approved 2019 Permission as an alternative to demolition, and the compliance period extended to balance the occupiers' private interests against the public interest in remedying the harm without delay

What the Inspector cited

Development plan policies
Policy 12Policy 13

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.