Bridge View Nurseries, Church Lane, Calstock, Cornwall, PL18 9QJ

Planning appeal 3295839 at Bridge View Nurseries, Church Lane, Calstock, Cornwall, PL18 9QJ (Cornwall Council) was dismissed on 12 December 2022 by Inspector Davies N, following a hearing. The main issue, as the Inspector framed it: The effect that varying the condition would have on the affordability and deliverability of some of the affordable dwellings to be provided on site.

proposed development of 33 dwellings without complying with a condition attached to planning permission Ref PA17/09575, dated 20 December 2018

Authority: Cornwall Council
Appeal type: major · Planning Appeal
Procedure: Hearing
Development: residential · Major dwellings
Inspector: Davies N
Postcode: PL18 9QJ

Main issues, as the Inspector framed them

The effect that varying the condition would have on the affordability and deliverability of some of the affordable dwellings to be provided on site
Whether the viability evidence that has been submitted with the appeal can reasonably be considered as part of the appeal
Whether it is justified, on viability grounds, for the development to proceed without the provision of affordable housing

What decided it

The viability evidence and proposal to omit all on-site affordable housing were introduced too late and without public consultation, so could not be relied upon, leaving no justification for the harm to affordable housing delivery.

No material considerations were found to outweigh the conflict with the development plan, so the appeal was dismissed in accordance with it.

What the Inspector cited

Development plan policies: Policy 6Policy HP5Policy 8Policy 10
Judgments: North Norfolk Homes v North Norfolk DC [2020] EWHC 2265 (QB); Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.

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The decision letter

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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.