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Allowed1 June 20233303252

Land to the South of Little Hallaze, Penwithick, St Austell, Cornwall, PL26 8YW

Planning appeal 3303252 at Land to the South of Little Hallaze, Penwithick, St Austell, Cornwall, PL26 8YW (Cornwall Council) was allowed on 1 June 2023 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: The effect of the development on the natural character and appearance of the countryside.

use of the land as a private Romani gypsy site consisting of four pitches including 4 mobile homes, 4 touring caravans and hard standings

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Davies N
Postcode
PL26 8YW

Main issues, as the Inspector framed them

  • The effect of the development on the natural character and appearance of the countryside
  • Whether the scale of the proposal would dominate the nearest settled community
  • The impact of the development on best and most versatile agricultural land
  • If any harm is caused regarding these matters, whether this is outweighed by material considerations

What decided it

The Council's inability to demonstrate a 5-year supply of deliverable Gypsy and Traveller sites against an identified need of 318 pitches by 2030, combined with the proposal's accordance with the criteria-based Policy 11, outweighed the limited harm to the countryside character.

The material considerations in support of the proposed development, principally the unmet need for Gypsy and Traveller accommodation and accordance with Policy 11, outweighed the limited harm to the natural character and appearance of the countryside and the conflict with Policies 2, 12 and 23 of the Local Plan.

What the Inspector cited

Development plan policies
Policy 11Policy 2Policy 23Policy 21Policy 2a
National Planning Policy Framework
Paragraph 174
Judgments
Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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 authority’s record since 2016 · every decision in 2023

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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.