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Planning appeal decision

Dismissed20 April 20233292034

Land off Swanpool Road, Falmouth, Cornwall, TR11 5BG

Planning appeal 3292034 at Land off Swanpool Road, Falmouth, Cornwall, TR11 5BG (Cornwall Council) was dismissed on 20 April 2023 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: The effect of the development, including any impact on trees on and near the site, on the character and appearance of the area.

construction of 2 detached dwellings

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Davies N
Postcode
TR11 5BG

Main issues, as the Inspector framed them

  • The effect of the development, including any impact on trees on and near the site, on the character and appearance of the area
  • The effect of the development on the condition of Swanpool Site of Special Scientific Interest (SSSI)
  • Whether the site would provide a safe location for human habitation, with regard to land contamination
  • The impact of the development on the integrity of the Falmouth and Helford Special Area of Conservation (the SAC)

What decided it

The proposal conflicts with the up-to-date development plan, particularly Neighbourhood Plan Policy FOS1 protecting high-value open spaces, and the Framework's presumption in favour of sustainable development does not override the statutory status of the development plan.

What the Inspector cited

Development plan policies
Policy 2Policy 3Policy 12Policy 13Policy 16Policy 22Policy 23Policy FOS1Policy FOS4
National Planning Policy Framework
Paragraph 12Paragraph 80Paragraph 101Paragraph 102Paragraph 103Paragraph 183

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 2023

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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.