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Planning appeal decision

Dismissed23 January 20253348094

St Roche, Mawgan Porth Hill, Mawgan Porth, Cornwall, TR8 4BN

the demolition of an existing dwelling and associated outbuildings and construction of 6 earth sheltered dwellings with access, parking and associated landscaping

Authority
Cornwall Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Wright A

Main issues, as the Inspector framed them

  • whether the site would be a suitable location for housing, having regard to the provisions of the development plan
  • the effect of the proposed development on the character and appearance of the Watergate and Lanherne Area of Great Landscape Value
  • the effect of the proposed development on the setting and significance of the Mawgan Porth early medieval settlement and associated burial ground Scheduled Monument
  • the effect of the proposal on the integrity of the Mawgan Porth to Newquay County Wildlife Site

What decided it

the less than substantial harm to the setting and significance of the Mawgan Porth Scheduled Monument provided a strong reason for refusal that was not outweighed by the proposal's public benefits

the limited public benefits of the scheme, including a modest housing contribution and economic benefits, did not outweigh the less than substantial harm to the setting and significance of the Scheduled Monument

Framework references: 11

Plan policies cited: Policy 1, Policy 2, Policy 3, Policy 7, Policy 12, Policy 21, Policy 23, Policy 24, saved Policy 14 of the Restormel Local Plan 2001-2011 (RLP)

Judgments cited: Cala Homes (South) Limited v SSCLG [2011] EWCA Civ 639

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.