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Planning appeal decision

Allowed1 June 20233303252

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

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

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.

Framework references: 174

Plan policies cited: Policy 11, Policy 2, Policy 23, Policy 21, Policy 2a

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.