Case 3362327

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS

Cornwall Council — appeal dismissed

Outcome
Dismissed
Decision date
8 December 2025
Authority
Cornwall Council
Inspector
Oyebade A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Peter Jeffery
LPA reference
PA24/08057
ONS LPA code
E06000052
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 April 2025

Summary AI

The appeal was dismissed due to the site's location in open countryside, lack of pedestrian and public transport infrastructure, and limited access to essential services and local amenities. The proposed development would introduce built form into an area that currently serves as a buffer between sporadic residential clusters and open countryside, eroding the landscape's openness and disrupting its visual coherence.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Site visit made on 21 August 2025 by A Oyebade MSc FCILT an Inspector appointed by the Secretary of State Decision date: 08 December 2025 Appeal Ref: APP/D0840/W/25/3362327 Land Adjacent to 10 Strawberry Lane, Hayle, Cornwall TR27 5JS • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Mr Peter Jeffery against the decision of Cornwall Council. • The application Ref is PA24/08057. • The development proposed is permission in principle for the construction of up to two dwellings. Decision 1. The appeal is dismissed. Procedural matter 2. The appeal seeks permission in principle, as set out under the Town and Country Planning (Permission in Principle) Order 2017. According to national Planning Practice Guidance (PPG), this mechanism offers an alternative route to securing planning permission for housing-led development. It involves a two-stage process: the first stage, permission in principle stage, establishes whether the proposed development is suitable in principle in terms of its location, land use, and scale.

Page 1 · Chunk 1 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision The second stage, technical details consent, addresses the specific design and implementation details. Planning permission is only considered to be fully granted once both stages have been approved. 3. This appeal concerns the first stage of the process. All other matters are reserved for consideration at the technical details consent stage, should permission in principle be granted. Where permission in principle is granted, it must specify a range, stating the minimum and maximum number of dwellings permitted in principle. The appellant has sought permission in principle for up to two dwellings. Main issue 4. The main issue is whether the proposed development would provide a suitable site for housing, having regard to its location, the proposed land use and the amount of the development. Reasons 5. The appeal site is situated on a quiet street comprising scattered groups of few predominantly detached properties, largely concealed by the adjacent vegetations. Many of these buildings appear to be period dwellings dating from the Victorian or Edwardian era, contributing to the traditional character of the area.

Page 1 · Chunk 2 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision The wider landscape retains a distinctly rural quality, with surrounding land mainly in agricultural use and minimal built development. https://www.gov.uk/planning-inspectorate

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision The wider landscape retains a distinctly rural quality, with surrounding land mainly in agricultural use and minimal built development. https://www.gov.uk/planning-inspectorate Appeal Decision APP/D0840/W/25/3362327 6. The adjoining lane is gently winding and enclosed by mature trees and hedgerows, reinforcing its green and semi-rural setting. It links to smaller residential cul-de-sacs and open fields, and experiences only light, localised traffic. The road itself is narrow in places, with informal verges, no formal kerbing, and an absence of pedestrian infrastructure. It is suitable for local access but not designed to accommodate high traffic volumes or public transport services. 7. The host dwelling is part of a small cluster of single and two-storey properties situated along one side of the site’s boundary, overlooking a wide expanse of open field. At the opposite end of the site, accessed from the main road, a small concrete utility building is located beside the compound’s gated vehicular entrance. A large single-storey residential building, likely of timber construction, stands midway across the open field, backing onto a densely vegetated boundary that runs along this section of the lane.

Page 2 · Chunk 4 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision While the thick vegetation enclosing the courtyard offers a degree of visual separation from the adjacent lane, the openness of the field maintains a perceptible connection with the wider rural landscape. 8. Policy 2 of the Cornwall Local Plan (Adopted November 2016) promotes a sustainable approach to growth, requiring new development to deliver a balanced mix of economic, social, and environmental benefits. It emphasises the need to recognise the value and sensitivity of landscape character and to protect, conserve, and enhance both the natural and historic environment. Under Policy 3, the scale and mix of development should reflect the role and function of individual settlements, ensuring proposals are appropriately located and proportionate. The Chief Planning Officer Advice Note (CPOAN) indicates that a development described as ‘rounding off’ provides a symmetry or completion to a settlement boundary, and it is not intended to facilitate continued incremental growth. 9. Policy 7 of the Local Plan restricts the development of new dwellings in the open countryside to exceptional circumstances.

Page 2 · Chunk 5 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision These include: (a) the replacement of existing dwellings, where the new building is broadly comparable in size, scale, and bulk, and suitably designed for its setting; (b) the subdivision of existing residential properties; and (c) the reuse of suitably constructed redundant, disused, or historic buildings with lawful residential use, where their retention is considered appropriate and would enhance the immediate setting. Policy 21 permits increase in building density where appropriate, considering the character of the surrounding area and access to services and facilities to ensure an efficient use of land. 10. Policy SD1 of the Hayle Neighbourhood Plan (Adopted March 2018) identifies the built-up areas of Hayle as the preferred location for new and small-scale development. However, the Plan acknowledges that additional strategic housing sites may need to be allocated adjacent to this boundary by the local planning authority, provided they do not adversely affect Hayle’s heritage assets or its designation as part of the Cornwall and West Devon Mining Landscape World Heritage Site.

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Policy SD2 supports residential development where the proposed design demonstrates that the density is appropriate to the built character, function, setting, and housing mix of the site. 11. The appellant seeks permission for the erection of up to two residential dwellings on a site located within open countryside. Nevertheless, the proposal does not meet any of the exceptional circumstances set out in Policy 7 of the Cornwall Local Plan, which strictly limits new residential development in such locations. Moreover, the site lies outside the built-up area of Hayle, which is identified as the preferred https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Policy SD2 supports residential development where the proposed design demonstrates that the density is appropriate to the built character, function, setting, and housing mix of the site. 11. The appellant seeks permission for the erection of up to two residential dwellings on a site located within open countryside. Nevertheless, the proposal does not meet any of the exceptional circumstances set out in Policy 7 of the Cornwall Local Plan, which strictly limits new residential development in such locations. Moreover, the site lies outside the built-up area of Hayle, which is identified as the preferred https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/25/3362327 location for development of this scale. To meet the growth objectives set out in Policies 2 and 3 of the Cornwall Local Plan, development should be directed towards settlements that offer a broad range of services and facilities. My site visit confirmed that the rural character of the location poses significant constraints, particularly due to the lack of pedestrian and public transport infrastructure and its limited access to essential services and local amenities. 12. The appellant contends that the appeal site is well related to an identifiable settlement and suitable for residential development through rounding off, without encroaching into open countryside. However, I disagree because this interpretation conflicts with Policy 2a (paragraph 1.68) of the Local Plan, which explicitly excludes areas characterised by low-density, straggling development such as the pattern surrounding the appeal site, from being considered settlements for the purposes of infill or rounding off. 13. The CPOAN describes infill development as the filling of a gap in an otherwise continuous frontage which will normally be a road frontage.

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision It also emphasises that large gaps between other isolated dwellings are not appropriate locations for infill development. The appeal site does not occupy a continuous built frontage as it is a triangular parcel of land and there is no development frontage abutting its boundaries. As such, the site does not meet the definition of a settlement capable of accommodating sustainable residential growth, as laid out in Policy 3 of the Local Plan. Similarly, the Hallankean location mentioned in the appellant’s statement is not a recognisable settlement. 14. The appellant asserts that the appeal site lies approximately one mile from the Asda supermarket and Hayle train station, equating to a walking time of around 20 to 23 minutes distances considered acceptable under Manual for Streets guidance. However, this claim fails to acknowledge the practical limitations of the site’s location in relation to sustainable travel. I did observe that the site appears to be physically separated from Hayle and its associated amenities by a notable distance, and the intervening route comprises narrow, unlit rural lanes lacking pedestrian infrastructure. 15. These conditions do not support safe or practical walking or cycling access.

Page 3 · Chunk 10 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision In any event, Manual for Streets guidance supports walkable distances, but only where routes are safe, direct and attractive, criteria not met in this case. Accordingly, the site cannot be regarded as well-related to existing service centres. Its dependence on private vehicle use for access to even basic amenities raises significant concerns regarding its suitability for residential development, in the context of sustainable transport and spatial planning objectives. 16. The appellant acknowledges that the site is not contiguous with the defined built-up area but argues that it is well related to the settlement boundary, being approximately 500 metres south of Hayle. However, during my site visit, it was evident that land within this radius is predominantly open countryside, punctuated only by sporadic clusters of dwellings. Crucially, proximity to amenities and essential services is a key factor in determining whether a proposal supports sustainable growth. In this case, the lack of nearby services and infrastructure significantly undermines the sustainability credentials of the proposal and raises substantive concerns about its locational suitability. https://www.gov.uk/planning-inspectorate 3

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/25/3362327 17. The appellant contends that the proposed site lies directly adjacent to the boundary of the Hayle Growth Area Concept Plan, thereby strengthening its potential integration with the settlement of Hayle and aligning with Policy SD1 of the Hayle Neighbourhood Development Plan (NDP). However, as previously noted, Policy SD1 also makes clear that while the local planning authority may need to allocate further strategic housing sites adjoining this boundary, such allocations must not result in harm to Hayle’s heritage assets. 18. The appellant cites a development consent (Ref. PA24/01981) that substantiates the Council’s view that the extent of the built-up area in Hayle Neighbourhood Development Plan (NDP) is more restrictive than the wider development plan. They contend that the Council then considered that the cluster of dwellings, known as Stickenbridge represents a settlement and the development would constitute rounding off of a clearly defined settlement in accordance with Policy 3 of the Cornwall Local Plan. 19. The Council has made clear that rounding-off development should not intrude visually into the open countryside and must be contained by existing boundary features.

Page 4 · Chunk 12 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision In practice, suitable sites are generally enclosed on at least two sides by established built form. The Council further emphasised that any scheme which creates scope for an additional site to be rounded off in the future is unlikely to constitute genuine rounding off. In contrast to the appeal site, the approved scheme referenced in Appendix K of the appellant’s statement is bounded on two sides by existing dwellings: Stickenbridge House, St Mary’s, and Mimosa to the left, and Trekieve and Lane End to the right at its immediate approach. 20. The appellant also relies on an appeal decision (Ref. APP/D0840/W/22/3312076) concerning a comparable application (Ref. PA22/03803) in Penhallow, Truro, which was allowed. While the appeal site may appear like that case, the decision notice explicitly records that the approved site constituted Previously Developed Land (PDL) under Policies 2 and 3 of the Cornwall Local Plan. However, the Council disputes that the current appeal site qualifies as PDL. 21.

Page 4 · Chunk 13 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Policy 23 of the Cornwall Local Plan requires that development proposals sustain local distinctiveness and character, while protecting and where possible enhancing Cornwall’s natural environment and assets in accordance with their international, national and local significance. Complementing this, Policy C1 of the Climate Emergency Development Plan Document (February 2023) supports proposals that represent genuinely sustainable development and promote the wise stewardship of natural, historic, and cultural assets for future generations. Developments are expected to contribute proportionately according to their scale and type to key objectives, including environmental growth and the conservation and enhancement of Cornwall’s natural and historic environment and cultural heritage, in line with their recognised significance. 22. The appellant contends that the site is not recognised for its landscape or heritage value. However, Map 3 of the Hayle Neighbourhood Plan defines built-up area boundaries for Hayle and several neighbouring settlements, identifying areas that were developed as of October 2017 and considered part of the settlement.

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Land outside these defined boundaries, including the area surrounding the appeal site, is designated as countryside and therefore subject to countryside policies. This designation reinforces the site’s separation from the recognised settlement and its unsuitability for development under the relevant spatial planning framework. https://www.gov.uk/planning-inspectorate 4

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Land outside these defined boundaries, including the area surrounding the appeal site, is designated as countryside and therefore subject to countryside policies. This designation reinforces the site’s separation from the recognised settlement and its unsuitability for development under the relevant spatial planning framework. https://www.gov.uk/planning-inspectorate 4

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/25/3362327 23. Although the field encompassing the appeal site may appear partially enclosed when viewed from the adjacent lane, it remains visually prominent from within the courtyard as clearly being part of the broader countryside setting. This visibility and openness underscore its functional importance in maintaining the rural identity of the locality. Crucially, the site lies outside the built-up area boundary as defined in Map 3 of the Hayle Neighbourhood Plan and is therefore subject to countryside policies which seek to resist encroachment and safeguard the intrinsic character of undeveloped land. 24. The open field forms an integral part of the surrounding countryside and makes a meaningful contribution to the rural character and landscape setting of this area of Hayle. Its undeveloped nature offers visual relief from built form, reinforces the spatial separation between scattered cluster of dwellings, and preserves the transitional quality between the settlement edge and the wider agricultural landscape. 25. The proposed development would introduce built form into an area that currently serves as a buffer between sporadic residential clusters and open countryside.

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Such intrusion would erode the landscape’s openness, disrupt its visual coherence, and undermine the policy objective of maintaining clear settlement boundaries. Hence, the open field should be safeguarded from development to preserve the rural character, landscape integrity, and policy-compliant spatial structure of this part of Hayle. Other Considerations and Planning Balance 26. Policy 1 of Cornwall Local Plan states that the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the Framework. The Council cannot demonstrate a 5-year supply of deliverable housing sites, with the Council’s officer’s statement identifying only a 3.8 years’ supply. Paragraph 11d (ii) of the Framework explains that in these circumstances, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the Framework policies. 27. The proposal would make a modest contribution to local housing supply, offering social and economic benefits during both the construction phase and subsequent occupation.

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10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision However, the inefficient use of land in an open countryside location, where the spatial strategy seeks to promote sustainable growth and optimise land use, significantly reduces the weight that can be afforded to these benefits. In this context, the proposal does not constitute a sufficiently meaningful contribution to justify residential development within a sensitive rural environment. 28. In the circumstances of this case, I have considered that the proposed development would result in lasting harm to the countryside. When assessed against the policies of the Framework as a whole, the adverse impacts would significantly and demonstrably outweigh the limited benefits. As such, the proposal does not engage the presumption in favour of sustainable development. 29. Therefore, the proposed development would not be in accordance with the spatial strategy and design principles set out in Policies 2, 3, 7, 21 and 23 of the Cornwall Local Plan, SD1 and SD2 of the Hayle Neighbourhood Plan as well as C1 of the Climate Emergency Development Plan Document, as explained above. https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 19 Appeal Decision

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — Appeal Decision Appeal Decision APP/D0840/W/25/3362327 Conclusion 30. Having considered all other material factors relevant to the proposed development, I conclude that the appeal site would not be an appropriate location for the proposed development. Accordingly, and for the reasons set out above, I conclude that the appeal should be dismissed.

Page 6 · Chunk 20 A Oyebade

10 Strawberry Lane, Hayle, Cornwall, TR27 5JS — Cornwall Council — A Oyebade INSPECTOR https://www.gov.uk/planning-inspectorate 6

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
Against appellant
¶4

The proposed development would not provide a suitable site for housing, having regard to its location, the proposed land use, and the amount of the development.

Planning obligations
Against appellant
¶11

The proposal does not meet any of the exceptional circumstances set out in Policy 7 of the Cornwall Local Plan, which strictly limits new residential development in such locations.

Planning obligations
Against appellant
¶11

The site lies outside the built-up area of Hayle, which is identified as the preferred location for development of this scale.

Planning obligations
Against appellant
¶15

The site cannot be regarded as well-related to existing service centres, due to the lack of pedestrian and public transport infrastructure and limited access to essential services and local amenities.

Planning obligations
Against appellant
¶15

The proposed development would introduce built form into an area that currently serves as a buffer between sporadic residential clusters and open countryside, eroding the landscape's openness and disrupting its visual coherence.

Planning obligations
Against appellant
¶23

The open field forms an integral part of the surrounding countryside and makes a meaningful contribution to the rural character and landscape setting of this area of Hayle.

Planning obligations
Against appellant
¶27

The inefficient use of land in an open countryside location, where the spatial strategy seeks to promote sustainable growth and optimise land use, significantly reduces the weight that can be afforded to the benefits of the proposed development.

Planning obligations
Against appellant
¶28

The proposed development would result in lasting harm to the countryside, and the adverse impacts would significantly and demonstrably outweigh the limited benefits.

Policies relied on

Reference Weight
Policy 7 of the Cornwall Local Plan
Determinative
Policy 21 of the Cornwall Local Plan
Limited
Policy 23 of the Cornwall Local Plan
Limited
SD1 of the Hayle Neighbourhood Plan
Limited
SD2 of the Hayle Neighbourhood Plan
Limited
C1 of the Climate Emergency Development Plan Document
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 6 pages, issued by the Planning Inspectorate on 8 December 2025 under the Open Government Licence.