Holiday use restriction lifted despite precedent fears

Cornwall Council's concern regarding an appeal involving the removal of a condition which limited occupation of a two-bedroom dwelling to holiday use only has been overruled by an inspector who held that the risk of setting a precedent was not sufficient reason to withhold permission.

The premises formed part of a wider development of holiday lodges. The council claimed that no information had been provided on non-viability. It also asserted that the proposal would increase pressure from the owners of the other premises to also seek a removal of the condition. In response, the appellant stated that there was no policy justification for providing information on viability and the proposal would have no appreciable impact on tourist accommodation in the area.

In agreeing that this was the case the inspector also held that precedent was rarely a good reason to refuse permission. Any future applications in respect of the holiday cottages would be judged on their merits. The appeal site was reasonably well located to a range of smaller settlements with a variety of facilities and would not therefore result in an isolated dwelling in the countryside.

Inspector: Gwilym Powys Jones; Written representations


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