Chy Trygh, Towan Cross, Mount Hawke

appeal 6008437·Cornwall·21 September 2026allowed
Decision
allowed, 21 September 2026
Decided by
Planning Inspector: C Butcher
Authority
Cornwall (South West)
Appeal reference
6008437
Application reference
PA25/02049
Procedure
written representations
Development
s73 removal of condition 3 (occupancy tied to The Victory Inn) on dwelling permission PA20/03304
Homes
1
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
AnnexB:settlement, DM6
Development plan policies
Cornwall Local Plan 2010-2030 policies 1, 2, 3, 7, Climate Emergency DPD C1, St Agnes NDP policy 5, CPOAN Infilling and Rounding Off 2017
Main issues
necessity of occupancy condition; spatial strategy

Summary

An occupancy condition tying a dwelling to the neighbouring pub was removed on appeal. The site was found to be an infill plot within the village of Towan Cross, so the countryside justification for the tie fell away. The inspector also tested the site against the Annex B definition of "settlement": the cluster around the pub might look like a hamlet on its own, but it is part of a larger village made up of several clusters (DL ¶13).

What made the difference

Treating the dispersed, multi-cluster village as one settlement. For Annex B, a cluster is read in the context of the wider settlement it belongs to, not on its own. The letter does not mention the transition to the 2026 Framework.

Policy findings

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

PolicyFindingWeightNote
AnnexB:settlementpasscluster round the pub "could be considered to be a hamlet when considered in isolation" but forms part of a larger multi-cluster village, "more akin to a small village than a hamlet" — so no Framework conflict (DL 13)
Cornwall LP Policy 3accordinfill within Towan Cross though set back and not in a continuous frontage; LP7 countryside policy not engaged (DL 6-9)
DM6passcode mapped by harvester — occupancy tie no longer necessary; replaced with principal-residence condition per NDP policy 5 (DL 9, 14)
HE6not-engagedMingoose CA and St Agnes Mining District WHS nearby; condition removal has no external effect (DL 11)

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.