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Allowed13 March 20253344184

Land North West of Kenilworth, Uphill, Cornwall, PL17 7PB

Planning appeal 3344184 at Land North West of Kenilworth, Uphill, Cornwall, PL17 7PB (Cornwall Council) was allowed on 13 March 2025 by Inspector Worley E, by written representations. The main issue, as the Inspector framed it: whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development.

Permission in principle (stage 1) for one infill dwelling on previously developed land (garden)

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Worley E
Postcode
PL17 7PB

Main issues, as the Inspector framed them

  • whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development

What decided it

The Council's inability to demonstrate a five-year housing land supply rendered the neighbourhood plan's development boundary policies out of date, and the proposal's accordance with strategic policies in the Cornwall Local Plan and the presumption in favour of sustainable development under paragraph 11 of the Framework outweighed the conflict with neighbourhood plan policies.

the benefits of housing delivery, reuse of previously developed land, and accordance with strategic policies outweighed the conflict with neighbourhood plan development boundary policies in the context of a shortfall in housing land supply

What the Inspector cited

Development plan policies
Policy 3 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 21 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 1 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 2 of the Cornwall Local Plan Strategic Policies 2010-2030Policy GP1 of the Linkinhorne Neighbourhood Development PlanPolicy GP2 of the Linkinhorne Neighbourhood Development PlanPolicy H1 of the Linkinhorne Neighbourhood Development PlanPolicy 7 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 9 of the Cornwall Local Plan Strategic Policies 2010-2030Policy C1 of the Climate Emergency Development Plan DocumentPolicy T1 of the Climate Emergency Development Plan Document
National Planning Policy Framework
Paragraph 11Paragraph 14
Judgments
Chichester District Council v SSHCLG [2018] EWHC 2386 (Admin)

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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The authority’s record since 2016 · every decision in 2025

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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.