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Quashed On Legal Grounds23 June 20263336262

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

Planning appeal 3336262 at Land West of Hen House, Goonbell, St Agnes, Cornwall, TR5 0PL (Cornwall Council) was decided (quashed on legal grounds) on 23 June 2026 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: 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.

Material change of use of agricultural land to residential through the stationing of a shepherd's hut for residential purposes and associated operational development including the creation of hard standing area, restricted to holiday accommodation only

Authority
Cornwall Council
Appeal type
minor · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whitfield J
Postcode
TR5 0PL

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.

What the Inspector cited

Development plan policies
LP Policy 1LP Policy 2LP Policy 3LP Policy 5LP Policy 7LP Policy 22LP Policy 23LP Policy 24LP Policy 12NP Policy 1NP Policy 6NP Policy 7NP Policy 10NP Policy 11NP Policy 19CEDPD Policy C1CEDPD Policy AL1
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 83Paragraph 84Paragraph 88Paragraph 89Paragraph 135Paragraph 180Paragraph 196

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2026

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  5. Notice upheld16 September 20263363841
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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.