- Decision
- dismissed, 1 September 2026
- Decided by
- Planning Inspector: Elizabeth Lawrence
- Authority
- Cornwall (South West)
- Appeal reference
- 6006832
- Application reference
- PA25/02427
- Procedure
- written representations
- Development
- Change of use of former A30 roadworks temporary caravan compound to a site for up to 50 holiday lodges
- Site context
- open countryside, rural lane, settlement edge
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S5(1)(b), S5(4), S5(2), DP3, E4, TR3
- Development plan policies
- Cornwall Local Plan 2016 Policies 1, 2, 3, 5, 7, 12, 21, 23, Cornwall Climate Emergency DPD 2023 C1, T1, G1-G3
- Main issues
- suitable location for tourism accommodation; accessibility; character and appearance
Summary
Proposal to turn a former A30 roadworks workers' caravan compound beside the hamlet of Marazanvose into a site for up to 50 permanent holiday lodges. Dismissed. The temporary compound was not PDL, no locational need for the tourism use was shown (S5(1)(b)), the site is car-dependent (TR3) and the scheme would urbanise a historic landscape (DP3/N2). Substantial weight to economic benefits under E2 was "substantially outweighed".
Issues and findings
- Transition. "Both the council and the appellant have been provided with the opportunity to comment on the relevance of the new Framework … I confirm that in this decision I have referred to the 2026 Framework" (DL ¶3).
- PDL: FAIL. "the caravans were not permanent structures and both the use and associated access and infrastructure was for a temporary period only and thus not permanent" (DL ¶8); former equestrian and temporary structures "fall outside the definition of previously developed land" (DL ¶10).
- Housing limbs S5(1)(e)/(j): FAIL. Lodges argued to be dwellings (DL ¶23). "Marazanvose comprises a low-density straggle of some 6/7 traditionally designed dwellings, with no shops" (DL ¶28); the scheme "would overwhelm and be out of scale and context with the hamlet" (DL ¶30). S5(1)(j): "an unmet need has not been demonstrated. Therefore, I give no weight to this factor" (DL ¶66).
- Rural tourism S5(1)(b) / E4: FAIL. "A specific locational need for a holiday lodge site in this location has not been demonstrated" (DL ¶34). Nearby infrastructure (bridge, A30, solar, pylons) "is not a good reason to justify a development that does not require a specific location in the countryside" (DL ¶51).
- Accessibility TR3: FAIL. B3288 to Zelah "would be unattractive for walking or cycling for safety and environmental reasons" (DL ¶36); the bus "would not provide a quick and efficient service for holiday makers wanting to pick up a few groceries" (DL ¶37); "although the proposal makes the most of existing and proposed transport infrastructure, it would not enable good accessibility for different users" (DL ¶40).
- Character DP3/N2: FAIL. The lodges "would appear totally out of context with the adjoining informal and spacious linear hamlet" (DL ¶46); "insensitive and suburbanising impact on the strong historic agricultural and industrial rural landscape" (DL ¶49).
- Heritage HE6: not engaged (DL ¶19).
Planning balance
S5 balance, though framed loosely. Benefits: E2 economic/tourism "substantial weight" (DL ¶63); BNG outweighed by disturbance to the green bridge wildlife corridor and bats (DL ¶¶60-61); L2 "little weight" (DL ¶65). Harm: landscape/character "substantial weight" "as required by Policy DP3" (DL ¶67). "Overall, the benefits of the proposal would be substantially outweighed by the harm" (DL ¶68). DP3(1)/(2)(d) conflict invoked as an S5(2) refusal-policy trigger (DL ¶69). The DCO restoration was treated as a realistic counterfactual that would itself deliver green-link and BNG benefits (DL ¶62).
What made the difference
The site's history as a temporary DCO compound did not help: temporary works that must be removed are not PDL, so the scheme was treated as greenfield countryside development with no locational need. Scale (50 lodges next to 6-7 houses) and the unlit, footway-less B3288 did the rest. A smaller scheme with on-site facilities, a demonstrated tourism need, or a location with walkable services might have passed S5(1)(b).
Transferable points
- Temporary infrastructure lawfully installed under a DCO or time-limited licence, with a restoration obligation, is not PDL (DL ¶¶8-10).
- S5(1)(b) rural tourism needs a demonstrated need for this location; being "in principle acceptable in the countryside" is not enough (DL ¶¶34, 51).
- Adjacent major infrastructure (A30, green bridge, pylons, solar) does not justify further countryside development that does not need that location (DL ¶51).
- Holiday lodges argued to be dwellings still fail S5(1)(e)/(j) where the hamlet is a "low density straggle" (DL ¶¶26, 28-31).
- A bus service that finishes early evening does not give tourism occupants good accessibility (DL ¶37).
- DP3 character conflict used both for substantial weight and as an S5(2) "should be refused" trigger (DL ¶¶67, 69).
- Drafting slips: S5 limbs listed as "S5 1. C, b, c, d, e, f, g, h, I & & j" (DL ¶24); "E4a"/"E4b" for E4 limbs (DL ¶¶40, 57); final balance framed as "substantially outweighed" rather than the S5(4) "exceptional circumstances … substantially outweigh" test that applies once no S5(1) category is met (DL ¶68).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| AnnexB:previously-developed-land | fail | temporary DCO workers' caravan compound (to be restored to grassland under the DCO) and earlier equestrian structures are not PDL (DL 8-10) | |
| S5(1)(e) | fail | lodges argued to be dwellings; Marazanvose is a 6/7-house low-density straggle, not a settlement; 50 lodges would overwhelm it (DL 26, 28-31) | |
| S5(1)(j) | fail | no 5YHLS but not well-related / not of accommodable scale, and no unmet need for holiday accommodation shown; no weight (DL 30-31, 66) | |
| S5(1)(b) | fail | rural tourism — no locational or business need for this site shown (DL 32, 34, 51) | |
| E4 | conflict | cited as "E4a" and "E4b"; not well served by public transport and not PDL; siting/design not appropriate to surroundings (DL 32, 40, 57) | |
| TR3 | fail | 2 km to Zelah along busy unlit B3288 with no pavements; bus finishes early evening; guests reliant on cars (DL 36-40) | |
| DP3 | fail | substantial | urbanising, out of scale with hamlet; substantial weight given "as required by Policy DP3"; DP3(1) and (2)(d) conflict treated as S5(2) refusal trigger (DL 41, 67, 69) |
| N2 | conflict | harm to historic landscape (CLCS area 19, medieval field pattern) despite hedgerow reinstatement (DL 43-49) | |
| HE6 | not-engaged | no effect on setting of nearby Grade II assets or Chyverton Park (DL 19) | |
| E2 | benefit | substantial | tourism jobs and economic benefits (DL 63) |
| L2 | benefit | limited | intense use of site but not an "effective use" given harm; "little weight" (DL 64-65) |
| Annex A | neutral | very-limited | very limited weight to plan policies materially inconsistent with the Framework; IPPS says CLP 2a and locational parts of Policy 3 out of date (DL 22) |
Key facts
- Site was one of nine temporary compounds under the A30 Chiverton to Carlan Cross DCO 2020; DCO requires restoration to grassland
- Up to 50 lodges in uniform rows beside a 6/7-house hamlet on the B3288
- Zelah (very limited facilities) 2 km away along a busy distributor road with no pavements or lights
- Bus service finishes early evening, fragmented at weekends
- Cornwall cannot demonstrate a 5-year supply (figure not stated)
- Parties invited to comment on the 2026 Framework after 17 Aug
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.