®Planning appeal decision
Higher Charaton Farmhouse, Road From Penharget Cottage To Golberdon Road, Pensilva, PL14 5RW
Planning appeal 3298064 at Higher Charaton Farmhouse, Road From Penharget Cottage To Golberdon Road, Pensilva, PL14 5RW (Cornwall Council) was dismissed on 7 March 2023 by Inspector Spencer-Peet A, by written representations. The main issue, as the Inspector framed it: Whether it is possible under section 73 of the Town and Country Planning Act 1990 to alter the use of the six units of disabled holiday accommodation lodges by removing the disputed condition in the way proposed.
the construction of six units of disabled holiday accommodation lodges with ancillary supervision unit and hydrotherapy poo l with associated changing rooms and toilets. Formation of new vehicular/pedestrian access to highway without complying with a condition attached to planning permission Ref: PA11/03319, dated 5 October 2011
- Authority
- Cornwall Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Spencer-Peet A
- Postcode
- PL14 5RW
Main issues, as the Inspector framed them
- Whether it is possible under section 73 of the Town and Country Planning Act 1990 to alter the use of the six units of disabled holiday accommodation lodges by removing the disputed condition in the way proposed
- Whether the appeal scheme would be in a suitable location with regards to Local and National Planning Policy
- Whether the appeal scheme makes an adequate contribution to affordable housing
What decided it
The proposal's location outside the settlement boundary combined with poor highway safety and pedestrian access, requiring heavy reliance on private motor vehicles and conflicting with development plan policies on location and sustainable transport.
What the Inspector cited
- Development plan policies
- Policy 3Policy 7Policy 8Policy 9Policy 12Policy 27Policy 28
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.