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Planning appeal decision

Dismissed3 August 20233304654

Boslowick Inn, Prislow Lane, Falmouth, Cornwall, TR11 4PZ

demolition of existing public house enabling a residential development of up to 10 dwellings

Authority
Cornwall Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
White J

Main issues, as the Inspector framed them

  • whether the existing building is a non-designated heritage asset and, if so, whether any harm resulting from its demolition would be outweighed by public benefits in the context of the policies of the development plan

What decided it

The great harm to the significance of the non-designated heritage asset through total demolition was not justified by the moderate public benefits of the scheme, as the appellant failed to demonstrate that the building could not be viably renovated and brought back into use.

the moderate public benefits of housing delivery, affordable housing provision, and economic benefits were outweighed by the great harm to the significance of the non-designated heritage asset, resulting in conflict with the development plan

Framework references: 203, 202

Plan policies cited: Policy 24 of the Cornwall Local Plan Strategic Policies 2010-2030, Policy DG6 of the Falmouth Neighbourhood Development Plan 2021-2030, Policy C1 of the Climate Emergency Development Plan Document – February 2023

Judgments cited: Corbett v Cornwall Council [2020] EWCA Civ 508

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.