9 Penare Road, PENZANCE, TR18 3AJ

Main issues, as the Inspector framed them

• the effect of the appeal development on the character and appearance of the local area bearing in mind the special attention that should be paid to the desirability of preserving the setting of the nearby Grade II listed building, the 'Church of St John the Baptist', and the extent to which it would preserve or enhance the character or appearance of the Penzance Conservation Area
• whether the proposed development would make adequate provision for surface water drainage to prevent flood risk elsewhere
• whether the proposed development would provide acceptable living conditions for existing occupants of adjacent properties and future occupants of the appeal properties, with particular regard to outlook, external amenity space and car parking

What decided it

The unjustified less than substantial harm to the significance of the conservation area and the setting of the Grade II listed Church of St John the Baptist, which the Framework requires to be given great weight and which is not outweighed by the limited public benefits of a single additional dwelling.

Although the Council cannot demonstrate a five-year housing land supply, the strong reason for refusal provided by unjustified heritage harm displaces the presumption in favour of sustainable development; the limited public benefit of a single one-bedroom dwelling is insufficient to outweigh the great weight fairly apportionable to the less than substantial harm to the conservation area and listed building setting, and the proposal also conflicts with the development plan on flood risk and residential amenity grounds.