Zoar Cottage, 15 Passage Hill, Mylor Bridge

appeal 6007807·Cornwall·23 September 2026dismissed
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

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

Policy findings

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

PolicyFindingWeightNote
S5(1)(d)failsite outside settlement boundary but PDL (lawful residential curtilage, earlier appeal); category engaged but moderate benefits substantially outweighed (DL 8, 21-23)
N4harmsubstantialvisibility 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)
HO7benefitmoderate3.9-year supply; two homes a very modest but useful contribution (DL 15)

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.