Windrush, Polhawn Fort, Rame, TORPOINT, Cornwall, PL10 1LL

Authority: Cornwall Council
Appeal type: other · Section 106 Agreement
Procedure: Hearing
Development: residential · Other minor developments
Inspector: O'Connor H

Main issues, as the Inspector framed them

Whether the obligations to restrict the ownership and occupation of Windrush continue to serve a useful purpose

What decided it

The Council could not demonstrate, on the evidence, that on-site occupation restricted to the Fort's owner or manager remained functionally necessary for the security, management or noise mitigation of the business, whereas the appellants demonstrated over 15 years of successful operation without such restrictions.

The balance of evidence pointed to the ownership and occupation restrictions being superfluous to the functional needs of the Fort's business, outweighing the Council's largely speculative concerns about future security, accommodation pressure and noise.

Framework references: 57

Plan policies cited: Policy 7, Policy W1

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