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Planning appeal decision

Dismissed17 January 20233297454

Weir Cottage Restronguet Weir, Mylor, Falmouth, TR11 5SS

Planning appeal 3297454 at Weir Cottage Restronguet Weir, Mylor, Falmouth, TR11 5SS (Cornwall Council) was dismissed on 17 January 2023 by Inspector Jones M, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on biodiversity.

New boathouse

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Jones M
Postcode
TR11 5SS

Main issues, as the Inspector framed them

  • the effect of the proposal on biodiversity
  • the effect of the proposal on the character and appearance of the area, with reference to the Cornwall Area of Outstanding Natural Beauty (the AONB) and the setting of Beach Cottage as a non-designated heritage asset (NHA)

What decided it

The unacceptable effect on biodiversity, specifically the unavoidable loss of BAP habitat without adequate mitigation or compensation, which conflicted with the development plan and could not be outweighed by the scheme's modest benefits.

What the Inspector cited

Development plan policies
Policy 23 of the Cornwall Local Plan Strategic Policies 2010–2030Policy L3 of the Mylor Parish Neighbourhood Development Plan 2020-2030Policy W1 of the Mylor Parish Neighbourhood Development Plan 2020-2030Policies 1, 2, 12, 21, 23 and 24 of the Cornwall Local Plan Strategic Policies 2010–2030

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.