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Planning appeal decision

Planning permission granted5 June 20263377903

Land North of Newmill Cottages, Newmill, Penzance, TR20 8UU

Planning appeal 3377903 at Land North of Newmill Cottages, Newmill, Penzance, TR20 8UU (Cornwall Council) was allowed on 5 June 2026 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: whether development is locationally sustainable, including whether compliant with Policy AL1 regarding low impact housing tied to the restorative use of land.

without planning permission, the construction of a timber building (extended shepherds hut) for residential use, associated development in the form of timber structures/outbuildings, hardstanding areas/tracks, and the material change of use of the land from a nil use to a mixed use comprising of residential use, agricultural use and the siting/storage of a caravan and motorhome on the land

Appeal type
minor · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Kean G
Postcode
TR20 8UU

Main issues, as the Inspector framed them

  • whether development is locationally sustainable, including whether compliant with Policy AL1 regarding low impact housing tied to the restorative use of land
  • effect on local character and appearance including impact on Cornwall National Landscape and the Heritage Coast
  • ecological and biodiversity impacts

What decided it

Compliance with CEDPD Policy AL1, secured through conditions requiring a detailed management plan, removability of structures and restoration provisions, meant the low-impact development was sustainable and did not cause unacceptable harm to the protected landscape.

Despite some conflict with the development plan (open countryside location, some reliance on a car, and limited adverse effect on visual amenity and landscape character), the Inspector found the development, subject to conditions, complied with the development plan as a whole, and that NPPF landscape-protection policies did not provide a strong reason for refusal nor did impacts significantly and demonstrably outweigh the benefits.

What the Inspector cited

Development plan policies
CLP Policy 7Policy CL7Policy AL1Policy PD-P1Policy PD-P2Policy PD-P11Policy 1Policy G4
National Planning Policy Framework
Paragraph 11Paragraph 84Paragraph 110Paragraph 189Paragraph 191
Judgments
Dear v SSCLG [2015] EWHC 29 (Admin); City and Country Bramshill Ltd v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 320; Westminster City Council v Secretary of State for Communities and Local Government [2013] EWHC 69 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2026

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.