Land East of Trago Farm, East Taphouse, Liskeard , Cornwall , PL14 4NH

Main issues, as the Inspector framed them

• the effect upon the character and appearance of the area
• whether the development would dominate the nearest settled community
• the accessibility of the site by sustainable modes of transport
• the impact on nearby Heritage Assets
• the need for Gypsy and Traveller sites, and the availability of suitable alternative sites
• the personal circumstances of the Appellant and other occupiers, and the best interests of the children

What decided it

The difference in heritage harm caused by the two layouts — less than substantial harm from the proposed layout versus substantial harm to the listed hedgebanks from the existing layout on top of the former access — determined that the presumption in favour of sustainable development applied to the Planning Appeal but was disapplied for the Enforcement Appeal.

For the Planning Appeal, the substantial unmet need for pitches, lack of suitable alternatives and the children's best interests outweighed the less-than-substantial heritage and landscape harm under the tilted balance; for the Enforcement Appeal, the substantial harm to the listed hedgebanks provided a strong reason disapplying the presumption, and under the ordinary balance the conflict with the development plan was not outweighed.