Kerris Vale, Kerriers Road, Inches, Bodmin, Cornwall, PL30 5LR

Planning appeal 3304612 at Kerris Vale, Kerriers Road, Inches, Bodmin, Cornwall, PL30 5LR (Cornwall Council) was allowed on 2 March 2023 by Inspector Blackwell J, following a hearing. The main issue, as the Inspector framed it: Whether condition 5 of the Planning Permission remains necessary, enforceable and reasonable, having regard to the development plan, the need for rural worker dwellings in the local area and other material considerations.

erection of agricultural dwelling without complying with a condition attached to planning permission Ref 6/87/0720/OOP, dated 6 July 1987

Authority: Cornwall Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Minor Dwellings
Inspector: Blackwell J
Postcode: PL30 5LR

Main issues, as the Inspector framed them

Whether condition 5 of the Planning Permission remains necessary, enforceable and reasonable, having regard to the development plan, the need for rural worker dwellings in the local area and other material considerations.

What decided it

Condition 5 no longer met the tests of necessity and enforceability, given the effect of the extant Certificate of Lawfulness and the improbability of the condition ever biting back.

No general planning balance was undertaken; the appeal turned solely on whether condition 5 met the statutory tests of necessity, enforceability and reasonableness for planning conditions, which the Inspector found it failed.

What the Inspector cited

Development plan policies: Policy CP7
National Planning Policy Framework: Paragraph 80
Judgments: Freddie Reid v SSLUHC [2022] EWHC 3116 (Admin)

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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5 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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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.