®Planning appeal decision
Bridge View Nurseries, Church Lane, Calstock, Cornwall, PL18 9QJ
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
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.
Plan policies cited: Policy 6, Policy HP5, Policy 8, Policy 10
Judgments cited: North Norfolk Homes v North Norfolk DC [2020] EWHC 2265 (QB); Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]
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.