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Dismissed7 December 20223296070

Baba Restaurant, Promenade, Penzance, TR18 4NP

Planning appeal 3296070 at Baba Restaurant, Promenade, Penzance, TR18 4NP (Cornwall Council) was dismissed on 7 December 2022 by Inspector Harrington S, by written representations. The main issue, as the Inspector framed it: whether any harm resulting from the demolition of a non-designated heritage asset would be outweighed by public benefits.

demolition of existing restaurant and construction of coffee shop, cafe and bar on ground floor with holiday lets and owner's accommodation above

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor Dwellings
Inspector
Harrington S
Postcode
TR18 4NP

Main issues, as the Inspector framed them

  • whether any harm resulting from the demolition of a non-designated heritage asset would be outweighed by public benefits
  • whether the proposal would comply with policies that seek to steer new development away from areas at the highest risk from flooding

What decided it

The proposal failed to demonstrate that public benefits would outweigh the harm to a non-designated heritage asset, and the sequential test for flood risk was not adequately passed.

What the Inspector cited

Development plan policies
Policy 24Policy 26
National Planning Policy Framework
Paragraph 203Paragraph 159Paragraph 161Paragraph 162

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 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.