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Planning appeal decision

Notice varied and upheld4 April 20233290171

Land Known As Horsemans Hill Farm, Trerulefoot, PL12 5BU

Planning appeal 3290171 at Land Known As Horsemans Hill Farm, Trerulefoot, PL12 5BU (Cornwall Council) was allowed in part (a split decision) on 4 April 2023 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: Whether this is an appropriate location for the residential development that is proposed.

without planning permission, the erection of a wooden structure used for residential purposes. The approximate position of the residential dwelling is marked with a blue ‘A’ on the attached plan

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Curnow R
Postcode
PL12 5BU

Main issues, as the Inspector framed them

  • Whether this is an appropriate location for the residential development that is proposed
  • The effect of the development on the character and appearance of the area
  • The effect of the development on protected habitats

What decided it

The absence of a demonstrated essential or functional need for a permanent residential presence on the land to support the rural enterprise.

the harm to the character and appearance of the countryside was not outweighed because no essential need for the dwelling had been demonstrated; had such a need been shown, the limited landscape harm would have been outweighed

What the Inspector cited

Development plan policies
Policy 7Policy 23
Judgments
Gravesham BC v SSE and O’Brien [1983] JPL 306; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.