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Planning permission granted26 January 20243293663

Land at Fernwell, Higher Trevethan, Carharrack, TR16 5HJ

Planning appeal 3293663 at Land at Fernwell, Higher Trevethan, Carharrack, TR16 5HJ (Cornwall Council) was allowed on 26 January 2024 by Inspector Allen M, following a hearing. The main issue, as the Inspector framed it: Whether the intended occupiers benefit from status as gypsy travellers.

Material change of use of the land for the stationing of a static caravan and erection of a shed type structure for residential use

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Allen M
Postcode
TR16 5HJ

Main issues, as the Inspector framed them

  • Whether the intended occupiers benefit from status as gypsy travellers
  • The effect on the character and appearance of the area and on the outstanding universal value of the Cornwall and West Devon Mining District World Heritage Site (the WHS)

What decided it

The significant public benefit of delivering a gypsy/traveller pitch against an acknowledged shortfall and lack of five-year pitch supply outweighed the less than substantial harm to the World Heritage Site and negligible harm to character and appearance.

The less than substantial harm to the World Heritage Site's outstanding universal value and negligible harm to character and appearance was outweighed by the significant public benefit of providing a gypsy/traveller pitch given the acknowledged need, lack of five-year pitch supply, absence of alternative sites and failure of policy.

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 3Policy 7Policy 11Policy 12Policy 23Policy 24
National Planning Policy Framework
Paragraph 208Paragraph 109

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 2024

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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.