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Allowed27 November 20233324851

Calamankey Farm Campsite, Longdowns, Penryn, Cornwall, TR10 9DL

Planning appeal 3324851 at Calamankey Farm Campsite, Longdowns, Penryn, Cornwall, TR10 9DL (Cornwall Council) was allowed on 27 November 2023 by Inspector Perkins L, following an inquiry. The main issue, as the Inspector framed it: whether the Council's decision to refuse the application was well-founded or not.

Condition 2 of planning permission W2/PA08/01056/F has been breached for a period exceeding 10 years

Authority
Cornwall Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Perkins L
Postcode
TR10 9DL

Main issues, as the Inspector framed them

  • whether the Council's decision to refuse the application was well-founded or not

What decided it

The Inspector's interpretation that the two parts of Condition 2 were not severable and together served a single purpose, meaning the Council's admitted 10-year breach of the first part rendered the whole condition unenforceable.

What the Inspector cited

Judgments
Lambeth LCB v Secretary of State for Housing Communities and Local Government [2019] 1 WLP 4317; Trump International Gold Club Scotland Ltd v Scottish Ministers [2015] UKSC 74

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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More decisions in Cornwall

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

  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.