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Planning appeal decision

Notice varied and upheld17 March 20263355370

Land to the east of Pleasant View, Polcrebo Downs, Nancegollan, Cornwall, TR13 0BL

Without planning permission, the material change of use of land from nil use to a mixed use comprising of nil use and recreational leisure use in connection with the RC Cornwall Flyers Club, and associated development consisting of access tracks, hardstanding areas, clearance of heathland to create areas for model aviation activities and recreational areas, and the siting of a storage container, picnic benches and associated paraphernalia. The approximate location of the storage container is indicated on the attached plan by a blue ‘X’1

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Bale M

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (ground c)
  • The effect on the character and appearance of the area, the effect on the setting of the Grade II listed detached chimney at Polcrebo Mine, the effect on biodiversity, and whether the Land is appropriately located for the use in respect of accessibility (ground a)
  • Whether the steps required by the Notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the period specified in the Notice to comply with the requirements is adequate (ground g)

What decided it

The permanent siting of the storage container and picnic benches on the land, which continue between active flying sessions, demonstrates that the recreational use exceeds the 28-day annual limit permitted by the GPDO, and the visual harm caused by these structures to the character and appearance of the open moorland outweighs the social benefits of the club.

Plan policies cited: Policy 2, Policy 12, Policy 23, Policy 24, Policy 25, Policy 27, NP Policy HT4, NP Policy FAS1, NP Policy HLE1, CEDPD Policy C1, CEDPD Policy T1, CEDPD Policy G1

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.