Kilcummer Barn, Tregeath Lane, Trewarmett, Tintagel

appeal 6000903·Cornwall·25 August 2026dismissed
Decision
dismissed, 25 August 2026
Decided by
Planning Inspector: N Perrins
Authority
Cornwall (South West)
Appeal reference
6000903
Application reference
PA25/02674
Procedure
written representations
Development
Change of use and conversion of a former piggery to a holiday cottage
Site context
open countryside, isolated, national landscape, rural lane
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S5(1)(b), S5(1)(c), S5(4), TR3, E4(2), N2
Development plan policies
Cornwall Local Plan 2010-2030 Policies 2, 5, 7, 21, 23, Climate Emergency DPD 2023 C1, G2, T1
Main issues
location and accessibility; re-use of building; biodiversity net gain

Summary

An appeal to convert a former piggery in open countryside near Tintagel to a single holiday cottage was dismissed. The inspector applied the August 2026 Framework without a separate consultation round, as the issues were already in play. The site was car-dependent, the appellant did not show a countryside location was necessary for the tourism use (S5(1)(b)), and the building was not shown to be capable of conversion without, in effect, rebuilding (S5(1)(c)).

Issues and findings

Planning balance

The decision was taken under s38(6), with conflict with the plan as a whole (DL ¶25). The benefit, one holiday unit with no evidence of need, carried limited weight. Against it, car-reliant location with no demonstrated necessity carried considerable weight, plus the conversion failure and the BNG conflict (DL ¶26-27). Because the scheme fell within no S5(1) category, it went to S5(4): "No such circumstances exist and the limited benefits fall short of that test" (DL ¶28).

What made the difference

The absence of evidence. There was no structural survey supporting conversion, no reason why the tourism use had to be at this site, and no BNG baseline. The inspector read S5(1)(b) as requiring a positive demonstration of locational necessity, not a general appeal to the tourism economy. A sound structural report and a site-specific case for the rural location would have moved the scheme into S5(1)(b)/(c) and the "substantially outweighed" balance. Even then, the transport harm would have remained.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
S5(1)(b)failrural tourism outside a settlement supported only where the location is shown to be necessary; appellant argued general tourism benefit but not why this site (DL 9, 11)
S5(1)(c)failre-use of an existing building must be of permanent and substantial construction whatever the use is called; 2019 survey showed new steel frame, foundations and roof needed, so in substance a new building (DL 3, 12-19)
S5(3)neutralif the unit is a dwelling it would be an isolated home, engaging HO11; not resolved because S5(1)(c) applies either way (DL 12)
TR3failconsiderablenarrow unlit lanes without footways; bus every two hours, Mon-Sat only; visitors at least as car-dependent as residents (DL 7-8, 10-11, 27)
TR6(4)not-engagedappellant's "severe impact" argument rejected; TR6(4) deals with capacity and safety, which were not in dispute; the objection is to car-dependent travel patterns (DL 10)
E4(2)faildid not take opportunities to improve rural connectivity or use PDL or well-related sites (DL 10-11)
N2failBNG exemption not demonstrated (red line over 1,000 sq m against a claimed 123 sq m); no metric (DL 20-22)
S5(4)failoutside all S5(1) categories; no exceptional circumstances; limited benefits well short of "substantially outweigh" (DL 28)
E2benefitlimitedone holiday unit is a modest economic contribution; no evidence of unmet need (DL 26)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.