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Planning appeal decision

Planning permission granted14 February 20223281367

48 Wellington Terrace, Falmouth, Cornwall, TR11 3BL

Planning appeal 3281367 at 48 Wellington Terrace, Falmouth, Cornwall, TR11 3BL (Cornwall Council) was allowed on 14 February 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of a neighbouring property due to overlooking of the private rear amenity space of 49 Wellington Terrace caused by the close position of the building and the windows along the North East elevation.

without planning permission, the material change of use of a building from workshop/storage to a single dwelling house and operational development to insert uPVC windows and re-clad the building in plastic cladding

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Jarratt P
Postcode
TR11 3BL

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of a neighbouring property due to overlooking of the private rear amenity space of 49 Wellington Terrace caused by the close position of the building and the windows along the North East elevation
  • the effect of the development on the character and appearance of the conservation area

What decided it

The imposition of conditions requiring the cladding to be treated in a single colour and the windows on the north-east elevation to be obscure glazed and non-opening sufficiently mitigates the identified harms to allow the development to be acceptable.

What the Inspector cited

Development plan policies
Policy 2Policy 12Policy 24Policy DG3Policy DG7
National Planning Policy Framework
Paragraph 130Paragraph 202

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.