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Planning appeal decision

Notice varied and upheld6 October 20223302264

Land West of 1 Landue Lodge, Lezant, Launceston, Cornwall, PL15 9NN

Planning appeal 3302264 at Land West of 1 Landue Lodge, Lezant, Launceston, Cornwall, PL15 9NN (Cornwall Council) was allowed in part (a split decision) on 6 October 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the development is in a location acceptable in the Development Plan where permission would normally be granted and, if not, whether the personal circumstances of the appellant outweigh the presumption against residential use in open countryside.

without planning permission, the change of use of land from agricultural to residential for the stationing of a caravan with 2 timber structures attached, decking and other residential paraphernalia, being used for residential (C3) purposes

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Householder developments
Inspector
Jarratt P
Postcode
PL15 9NN

Main issues, as the Inspector framed them

  • Whether the development is in a location acceptable in the Development Plan where permission would normally be granted and, if not, whether the personal circumstances of the appellant outweigh the presumption against residential use in open countryside
  • Whether the compliance period of 12 months is too short

What decided it

The development's location in open countryside outside the settlement boundary, combined with its poor design and landscape harm, could not be outweighed by the appellant's personal circumstances which, while sympathetic, were not exceptional enough to justify residential use contrary to the Development Plan.

What the Inspector cited

Development plan policies
Policy 7Policy 23

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.

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The decision letter

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3 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2022

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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.