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Planning appeal decision

Quashed On Legal Grounds23 June 20263336262

Land west of Hen House, Goonbell, St Agnes, Cornwall, TR5 0PL

Authority
Cornwall Council
Appeal type
minor · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whitfield J

Main issues, as the Inspector framed them

  • whether the Land is a suitable location for residential development having regard to local and national planning policies in respect of the provision of housing in the open countryside
  • the effect of the development on the character and appearance of the area, with particular regard to the effect on the Outstanding Universal Value of the Cornwall and West Devon Mining Landscape World Heritage Site
  • the effect of the development on biodiversity, with particular regard to whether the development provides suitable mitigation for impacts on the integrity of the Penhale Dunes and the Fal and Helford Special Areas for Conservation

What decided it

The restriction of the residential use to holiday accommodation only, controlled by condition, brought the development into compliance with LP Policy 5 (tourism) and rendered it a sustainable form of rural tourism development that outweighed the conflicts with countryside housing policies.

The benefits of sustainable rural tourism accommodation, economic benefits to the local area, and the small scale and unobtrusive nature of the development outweighed the conflicts with LP Policies 3 and 7 on countryside housing location, particularly given the holiday-only restriction and compliance with LP Policy 5.

Framework references: 8, 11, 83, 84, 88, 89, 135, 180, 196

Plan policies cited: LP Policy 1, LP Policy 2, LP Policy 3, LP Policy 5, LP Policy 7, LP Policy 22, LP Policy 23, LP Policy 24, LP Policy 12, NP Policy 1, NP Policy 6, NP Policy 7, NP Policy 10, NP Policy 11, NP Policy 19, CEDPD Policy C1, CEDPD Policy AL1

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.