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Planning appeal decision

Dismissed20 April 20233292034

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

construction of 2 detached dwellings

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

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.

Framework references: 12, 80, 101, 102, 103, 183

Plan policies cited: Policy 2, Policy 3, Policy 12, Policy 13, Policy 16, Policy 22, Policy 23, Policy FOS1, Policy FOS4

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.