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Planning appeal decision

Allowed9 March 20233299411

Dragons Corner, St. Neot, LISKEARD, PL14 6PZ

the change of use of land for the stationing of 2 No caravans for the purposes of human habitation and associated works including car parking, foul drainage, boundary treatment and retention of existing shed and polytunnels

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Major P

Main issues, as the Inspector framed them

  • The requirement for, and supply of, sites for gypsies and travellers
  • The effect of the proposal on the character and appearance of the surrounding countryside, bearing in mind its location within an Area of Outstanding Natural Beauty (AONB)
  • Whether the site is located in an acceptable location in relation to access to services and facilities
  • The personal needs and circumstances of the Appellant, Human Rights matters, and the Public Sector Equality Duty

What decided it

The Appellant's pressing personal circumstances, lack of any alternative site, and the resulting Article 8/PSED considerations, taken with the unmet need for traveller sites, outweighed the conflict with the AONB policy and the harm identified.

the substantial weight given to unmet gypsy and traveller need and to the Appellant's personal circumstances, human rights and PSED considerations clearly outweighed the conflict with Policy 23 Part 2(a) and the harm to the AONB

Plan policies cited: Policy 2a, Policy 11, Policy 23 part 2(a)

Judgments cited: Lisa Smith v SoSLUHC and Others [2022] EWCA Civ 1391; R v Wealden District council [2014] EWHC 4081 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.