Triview, St Erth Hill, St Erth, Hayle , TR27 6HX

Main issues, as the Inspector framed them

• The effect of the development on the character and appearance of the landscape and surrounding area and the extent to which that could be mitigated
• The degree of harm arising from the location of the site, having regard to its position within the countryside and proximity to shops and services and likely resulting travel patterns
• The extent to which the declared housing crisis should weigh in favour of the development
• The weight that should be afforded to the personal circumstances of the appellant and his family, having regard to their Human Rights, the PSED and the best interests of the children
• Whether the refusal to grant planning permission was proportionate and justified having regard to the balance of material considerations identified above and any other relevant matters

What decided it

The substantial weight attached to the personal circumstances of the family, particularly the best interests of the children and the absence of suitable alternative accommodation, outweighed the limited harm to character and appearance and conflict with the development plan.

The substantial weight given to the personal circumstances of the appellant's family, including the best interests of the children, outweighed the limited and localised harm to character/appearance and conflict with the development plan, justifying a decision otherwise than in accordance with the plan, subject to personal and time-limited restrictions.