®Planning appeal decision
Higher Mill Lawn Farm, , Golberdon, , Cornwall, , PL17 7NQ
without planning permission, the material change of use of land from agricultural to a mixed use comprising of agricultural, residential and storage of non-agricultural items/materials, through the stationing of caravans for residential purposes, construction of a timber chalet and associated timber structures/outbuildings, and the storage of non-agricultural motor vehicles, caravans and other non-agricultural items/materials on the land. The approximate location of the timber chalet is indicated by a blue ‘X’ on the plan attached to the notice
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Jarratt P
Main issues, as the Inspector framed them
- the principle of development
- the impact of the development on the character and appearance of the area
- the personal circumstances of the occupants
What decided it
The combination of Mr Bird's traveller status, the significant weight attached to the occupants' personal circumstances (including disabilities and Article 8/PSED considerations), and the limited landscape harm meant the benefits of granting permission for the residential use significantly and demonstrably outweighed the adverse impacts under the tilted balance.
The benefits of providing homes for persons with protected characteristics, the contribution to sustainable development and improvements to the site, and Mr Bird's traveller status outweighed the conflict with the development plan and the limited harm to character and appearance, such that under NPPF paragraph 11(d)(ii) the benefits significantly and demonstrably outweighed the adverse impacts; conversely, the harm from storage of non-agricultural items/materials was not outweighed and that element of the notice was upheld.
Framework references: 8, 11, 84, 110
Plan policies cited: Policy 11 of the Cornwall Local Plan, Local Plan Policy 7, Cornwall Local Plan Policy 23, Policy AL1 of the Climate Emergency DPD
Judgments cited: Maidstone BC v SSE and Dunn [1996] JPL 584
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.