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Planning appeal decision

Notice varied and upheld25 January 20233281131

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

Planning appeal 3281131 at Axe Head Farm, Underlane, Carnkie, Wendron Helston, Cornwall , TR13 0EJ (Cornwall Council) was allowed in part (a split decision) on 25 January 2023 by Inspector Jarratt P, following a hearing. The main issue, as the Inspector framed it: Whether the development satisfies planning policies for residential development in the open countryside.

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
Postcode
TR13 0EJ

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.

What the Inspector cited

Development plan policies
Policy 7 of the Cornwall Local PlanPolicy 23 of the Cornwall Local PlanPolicy AL1 of the Cornwall Council Climate Emergency DPD
National Planning Policy Framework
Paragraph 80
Judgments
Braintree DC v SSCLG and others

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 2023

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  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.