Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed15 November 20233319175

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

Planning appeal 3319175 at Triview, St Erth Hill, St Erth, Hayle , TR27 6HX (Cornwall Council) was allowed on 15 November 2023 by Inspector Preston C, following a hearing. The main issue, as the Inspector framed it: 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.

Change of use of land - Residential use of two mobile homes with linking structure and associated development

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Preston C
Postcode
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.

What the Inspector cited

Development plan policies
Policy 7Policy 1 (c & d)Policy 23(2)Policy 12 (a & b)Policy 2Policy 2aPolicy H7Policy 27Policy HT2Policy HT2 (xi)Policy GT4
National Planning Policy Framework
Paragraph 11Paragraph 105Paragraph 130

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

9 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
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Cornwall

The authority’s record since 2016 · every decision in 2023

  1. Dismissed29 July 20266007621
    Trefloss Stables, Trevean Lane, St Merryn, PL28 8PR
  2. Dismissed16 June 20266004801
    Lamanver Shed, Lamanva, Penryn, TR10 9BJ
  3. Allowed1 April 20266000800
    Land Rear Of 78 Albany Road, Park Road, Redruth, Cornwall, TR152JF
  4. Allowed11 November 20253360691
    Land North of West Haven, Sandy Lane, Redruth, Cornwall, TR16 5SR
  5. Dismissed11 June 20253353741
    Sunny Nook Stickenbridge, Perranarworthal, Truro, TR3 7QW

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.