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

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

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.

Framework references: 80

Plan policies cited: Policy CP7

Judgments cited: Freddie Reid v SSLUHC [2022] EWHC 3116 (Admin)

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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