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Planning appeal decision

Notice varied and upheld25 January 20233281131

Axe Head Farm, Underlane, Carnkie, Wendron Helston, Cornwall , TR13 0EJ

a material change of use of land from agriculture to a mixed use comprising agriculture and the stationing of 2 caravans for residential purposes

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Jarratt P

Main issues, as the Inspector framed them

  • Whether the development satisfies planning policies for residential development in the open countryside
  • The effect that the development has on the character and appearance of the area
  • Whether there are any over-riding personal circumstances that outweigh the policy considerations

What decided it

The proposal's conflict with countryside housing policy (Policy 7) and the resulting harm to landscape character outweighed the appellant's personal circumstances.

The appellant's personal circumstances and the best interests of the child carried significant weight in the planning balance but did not outweigh the harm to the countryside that the Development Plan seeks to protect.

Framework references: 80

Plan policies cited: Policy 7 of the Cornwall Local Plan, Policy 23 of the Cornwall Local Plan, Policy AL1 of the Cornwall Council Climate Emergency DPD

Judgments cited: Braintree DC v SSCLG and others

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.