- Decision
- dismissed, 23 September 2026
- Decided by
- Planning Inspector: Alison Fish
- Authority
- Cornwall (South West)
- Appeal reference
- 6007807
- Application reference
- PA25/03672
- Procedure
- written representations
- Development
- Technical details consent for 2 dwellings with garages, parking and gardens following permission in principle
- Homes
- 2
- Site context
- settlement edge, national landscape, PDL, rural lane
- Green Belt
- No
- Housing land supply
- 3.9 years
- Framework applied
- August 2026 NPPF
- Determinative policies
- S5(1)(d), N4
- Development plan policies
- Cornwall Local Plan Strategic Policies 2016 Policies 1, 2, 3, 12, 23, Climate Emergency DPD 2023 C1, Mylor Parish NDP 2022 L1, W2
- Main issues
- character and appearance including Cornwall National Landscape
Summary
Technical details consent for two houses on a PDL residential curtilage at the edge of Mylor Bridge, in the Cornwall National Landscape, after permission in principle had been granted. Dismissed. The visibility splays needed for two plots would remove or damage most of the roadside trees that form a characteristic tree tunnel along the lane. Under N4 (substantial weight to natural beauty) this substantially outweighed the moderate benefits, even with a 3.9-year supply and the site qualifying under S5(1)(d).
Issues and findings
- Transition. The parties had the opportunity to comment on the 2026 Framework (DL ¶2).
- Scope of TDC. The PiP settled location, land use and amount, and the TDC "cannot reopen what has been agreed at the Permission in Principle stage" (DL ¶3).
- Landscape / NL — N4: FAIL. "Constructing the required visibility splays would inevitably result in the loss of further trees within the splay itself or require works within the root protection area" (DL ¶9). Replanting "would take years to mature" (DL ¶11). "the trees make an important contribution to the character and appearance of the NL, but their presence has not informed the development of the site" (DL ¶22).
- Benefits. Housing given moderate weight at 3.9 years (DL ¶15). Economic moderate, eco features modest. Self-build limited weight "in the absence of a legally binding Planning Obligation" (DL ¶17).
Planning balance
S5 via the PDL limb: "The site lies outside the settlement boundary and therefore Policy S5 of the Framework is relevant. This allows for the redevelopment of previously developed land ... should be approved unless the benefits ... would be substantially outweighed" (DL ¶21). With N4 substantial weight, "the moderate benefits would be substantially outweighed by the adverse effects to the character and appearance of the area including the NL" (DL ¶23).
What made the difference
Highway visibility splays, not the houses themselves. The dwellings' form and materials were acceptable (DL ¶7), but two plots across the frontage needed splays that would destroy the tree tunnel. The arboricultural evidence also missed the splays entirely. A layout designed around the trees (one access, tighter splays, or retained frontage) would have removed the main harm. Other appeal decisions cited were not in a National Landscape, or found no NL harm, so they did not help (DL ¶19).
Transferable points
- In a National Landscape, N4 substantial weight can make even moderate landscape harm enough to "substantially outweigh" housing benefits at 3.9 years' supply (DL ¶¶15, 22–23).
- Tree surveys must assess visibility splays and access works, not just building footprints (DL ¶¶9–10).
- A TDC appeal can fail on detailed landscape impact even though PiP settled the principle (DL ¶3).
- Self-build claims need a legal obligation to carry weight (DL ¶17).
- Weight given to housing was only moderate at 3.9 years for two homes, rather than HO7 "substantial" (DL ¶15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S5(1)(d) | fail | site outside settlement boundary but PDL (lawful residential curtilage, earlier appeal); category engaged but moderate benefits substantially outweighed (DL 8, 21-23) | |
| N4 | harm | substantial | visibility splays would remove or damage most roadside trees forming a tree tunnel that is a defining feature of the character area; tree presence "has not informed the development" (DL 6, 9-12, 22) |
| HO7 | benefit | moderate | 3.9-year supply; two homes a very modest but useful contribution (DL 15) |
Key facts
- PiP had settled location, use and amount; TDC could not reopen principle (DL 3)
- Tree survey ignored the effect of visibility splays on roadside trees (DL 9-10)
- Self-build claimed but no obligation, so limited weight (DL 17)
- Supply 3.9 years (DL 15)
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.