Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld4 April 20233290171

Land known as Horsemans Hill Farm, Trerulefoot, PL12 5BU

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

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

Plan policies cited: Policy 7, Policy 23

Judgments cited: Gravesham BC v SSE and O’Brien [1983] JPL 306; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.