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Planning appeal decision

Notice upheld29 July 20263364019

2 Battery Terrace, Mevagissey, ST. AUSTELL, PL26 6QS

Without planning permission, the construction of a timber, concrete and gravel raised platform and solar panel array

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
utilities-energy · Householder developments
Inspector
Buchanan R

Main issues, as the Inspector framed them

  • The effect of the platform and the effect of the array on the Cornwall National Landscape, the setting of Mevagissey Conservation Area and the setting of listed buildings

What decided it

The significant harm to the Cornwall National Landscape and less than substantial harm to the setting of Mevagissey Conservation Area, which are not outweighed by the modest public benefits of renewable energy generation.

The modest public benefits of renewable energy generation do not outweigh the significant harm to the Cornwall National Landscape and less than substantial harm to the setting of Mevagissey Conservation Area

Framework references: 187, 189, 202, 212, 213

Plan policies cited: Policy 2, Policy 12, Policy 23, Policy 24, Policy D1, Policy D5, Policy EG3, Policy C1

Judgments cited: Barnwell Manor Wind Energy Limited v (1) East Northamptonshire District Council (2) English Heritage (3) National Trust (4) SSCLG [2014] EWCA Civ 137; North Norfolk D.C. v. SSCLG and Mack [2014] EWHC 279 (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.

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.