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

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

Authority: Cornwall Council
Appeal type: minor · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Kean G

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.

Framework references: 11, 84, 110, 189, 191

Plan policies cited: CLP Policy 7, Policy CL7, Policy AL1, Policy PD-P1, Policy PD-P2, Policy PD-P11, Policy 1, Policy G4

Judgments cited: 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)

Read the decision letter on the Inspectorate’s site

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.