Planning appeal decision
Jubilee House, Fore Street, Pensilva, Liskeard, Cornwall, PL14 5QJ
erection of three dwellinghouses
- Authority
- Cornwall Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Roberts G
Main issues, as the Inspector framed them
- whether the proposed development would be acceptable having regard to local and national planning policies on the location of new housing
- the effect of the development on the character and appearance of the area
- the effect of the development on the World Heritage Site
- whether the proposal has adequately considered the implications for trees and habitats
What decided it
The proposal's location in open countryside outside the settlement boundary, combined with significant harm to character and appearance and the World Heritage Site, means the adverse impacts significantly and demonstrably outweigh the moderate benefits of housing delivery, such that the presumption in favour of sustainable development does not apply.
The moderate benefits of three residential units and short-term construction employment were outweighed by significant harm to character and appearance, conflict with up-to-date development plan policies, less than substantial harm to the World Heritage Site, and unresolved concerns about trees and habitats, resulting in dismissal despite the Council's inability to demonstrate a five-year housing land supply.
Framework references: 11, 61, 136, 202, 212, 215
Plan policies cited: Policy 1 CLP, Policy 2 CLP, Policy 3 CLP, Policy 7 CLP, Policy 9 CLP, Policy 12 CLP, Policy 21 CLP, Policy 23 CLP, Policy 24 CLP, Policy C1 DPD, Policy C1(7) DPD, Policy C9 MP
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1082 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.
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