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Planning appeal decision

Notice varied and upheld5 March 20243306450

Land Known As Caravan, Milland Farm, Demelza, PL30 5PE

Planning appeal 3306450 at Land Known As Caravan, Milland Farm, Demelza, PL30 5PE (Cornwall Council) was allowed in part (a split decision) on 5 March 2024 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the site lies in an appropriate location for residential development, including whether it would result in a new dwelling in the countryside whose occupants have undue reliance on car travel without justification.

Without planning permission, the change of use of the land from agricultural to residential through the stationing of a caravan for residential purposes. The approximate position of the residential caravan is marked with blue ‘X’ on the attached plan

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Curnow R
Postcode
PL30 5PE

Main issues, as the Inspector framed them

  • Whether the site lies in an appropriate location for residential development, including whether it would result in a new dwelling in the countryside whose occupants have undue reliance on car travel without justification
  • The effect of the development on the character and appearance of the area
  • If the Appellant's case is not made in respect of either or both of the above main issues, whether personal circumstances outweigh the harm that would arise

What decided it

The failure to demonstrate a functional need for a full-time worker on the holding and the absence of financial viability evidence meant the proposal could not be justified under CLP Policy 7, and the unsustainable location contrary to CLP Policies 1 and 2 could not be overridden by personal circumstances.

What the Inspector cited

Development plan policies
CLP Policy 1CLP Policy 2CLP Policy 3CLP Policy 7CLP Policy 23RLP Policy 14

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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2 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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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2024

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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.