Appeal 6004079

The appeal is allowed and planning permission is granted for the construction of an agricultural worker's dwelling at [site address] in accordance with the terms of the application, Ref PA25/02154, subject to the conditions in the attached schedule.

The appeal relates to an application for outline planning permission with all matters reserved. As such, where the proposed site plans show any information relating to those reserved matters, I have treated this as illustrative for the purposes of making my decision.

The application form did not include full details of the site address. I have therefore utilised the details provided on the appellant’s appeal form and the decision notice.

The main issues are: (i) whether there is an essential need for a rural worker to live permanently at the appeal site in the countryside; and (ii) the effect of the proposed development on the character and appearance of the area, including the scenic beauty of the Cornwall National Landscape.

Policy 7 of the Cornwall Local Plan Strategic Policies 2010 – 2030 (the LP), sets out the circumstances in which new housing will be permitted within the open countryside. Part 5 of the policy states that this includes dwellings for full time agricultural, forestry and other rural occupation workers where there is up to date evidence of an essential need for the occupier to live in that specific location.

As part of their appeal documentation, the appellant has provided an [name] ([name], December 2025). The report concludes that the current business generates a requirement for approximately 4.8 full time workers. I can see no reason to disagree with that assessment. It also notes that, at present, there are two permanent full-time employees, one permanent part time employee and a relief milker providing twelve hours work per week. The report concludes by stating that there are no suitable dwellings available on site to accommodate an additional worker.

Furthermore, during a previous pre-application enquiry, the Council commissioned the County Land Agent to produce an [name], October 2023 (the ANA). While this enquiry related to a different site within the landholding, I heard from the Council during the hearing that the conclusions of the ANA remain relevant and up to date on the basis that there have been no substantial changes in the size of the holding or the number of livestock. The ANA concludes that there is a need for three dwellings to support the business. At present, there are two permanent houses on the farm, in addition to two static caravans and another structure known as ‘the Cabin’. A further dwelling, [name], is located away from the main farmyard area to the south of the appeal site.

During my site visit I was able to see the location of the two static caravans and the Cabin. I recognise that the Cabin is currently occupied by a retired farm worker. However, from what I saw, and from the evidence provided at the hearing, it seems clear to me that, while a new worker could perhaps physically live in any of these structures, none of them are likely to offer what would normally be considered to be suitable living conditions for permanent occupation. Therefore, whatever their current status or use, I do not consider that any of them represent suitable options as a ‘third dwelling’ available to the business. The same conclusion would be reached in relation to any other similar structures.

During the hearing, there was also some discussion with regards to the need for any additional worker to be accommodated within the immediate vicinity of the main farmyard. It is apparent that the livestock are scattered around the wider landholding at different times of year. However, it was put to me that the animals are also often housed within the farmyard area at other times, and that welfare issues can occur during these periods. I acknowledge that [name] currently fulfils that welfare role. However, I understand that he is looking to reduce his hours and share that burden with someone else as he gets older. [name] brother looks after other elements of the business rather than management of animals, and in any event, both himself and [name] wife are also getting older and are perhaps less able to attend to any welfare issues, particularly in the middle of the night.

On the basis of what I heard during the hearing, and the written evidence before me, it seems quite reasonable to me that the third dwelling would need to be located close to the farmyard area to enable an additional worker to identify any welfare issues and deal with them as quickly as possible during the times when the animals are housed there. As such, I find that [name] would not be a suitable option given its distance from the main farmyard area. For the same reason, other options such as existing dwellings for sale in the wider area, would also not be appropriate.

While previous national planning guidance may have sought to avoid situations where dwellings are utilised by retired workers, it was apparent at the hearing that [name] is not looking to retire immediately, but to start stepping back from the business. As such, the proposal would not conflict with the spirit or intention of that guidance.

As a result, and having had regard to all of the evidence before me, I am satisfied that there is an essential need for an agricultural workers dwelling on the appeal site. The proposal would therefore conform with the relevant requirements of LP Policy 7 in this regard. In conforming with Policy 7, it follows that the proposal must be considered to be sustainable development and it therefore also accords with the requirements of LP Policy 1. Any harm associated with the site’s location, with regards to access to sustainable modes of transport as set out within LP Policy 27, also must be considered to be acceptable as a result of the conformity with Policy 7 given that the majority of such schemes would be in highly rural locations. The benefits of the proposal, in relation to the provision of a rural workers dwelling and the associated economic benefits, must therefore outweigh the very limited harm associated with the site’s location.

The appeal site is located within a highly rural area, very close to existing farm buildings. It is also within the Cornwall National Landscape (the NL), the Heritage Coast and [name] Park. The dark skies and sense of remoteness are features of Cornwall Character Area CCA02 ([name] and [name]) of which the site forms part. With regards to the NL, paragraph 189 of the National Planning Policy Framework (the Framework) states that great weight should be given to conserving and enhancing landscape and scenic beauty within NL’s. Furthermore, the [name] and Regeneration Act 2023 requires decision makers to actively seek to further the statutory purposes of NL’s.

During my site visit, I observed that the appeal site is on slightly higher ground than the other buildings immediately nearby. As such, it is likely that the proposed dwelling would be quite visible as one travels down the lane that passes the site. Given that this is an outline application, details such as appearance, layout and scale are currently unknown. However, despite the topography of the land, the site is visually connected to the existing buildings and the proposed home would therefore be seen as part of that cluster, rather than a contrived intrusion into the surrounding landscape. On that basis, the proposed dwelling would not appear as an isolated feature and the effect on the Dark Skies Park would be minor enough so as to not constitute harm. The historic pattern of fields in this area is readily apparent for miles around. The proposal in this instance is very small and any effect on the historic layout or fabric of the landscape would be negligible.

Furthermore, the NL designation is not a moratorium on development and I can see no reason why the dwelling could not be designed in such a way so as to conform with the character of the immediate surroundings while also preserving the pleasant feeling of remoteness that currently exists. Moreover, there is potential for landscaping and planting to soften the appearance of the building and provide some natural screening. An access track or driveway would need to be provided. However, this would not visually disrupt or detract from the surroundings. On that basis, while I acknowledge the concerns raised by the Cornwall National Landscape team, I am satisfied in this instance that a well designed dwelling would conserve and enhance the scenic beauty of the NL and meet the requirements of the relevant legislation. For the same reasons, there would also be no harm in relation to the Heritage Coast.

As a result, the proposal would accord with [name] 2, 3, 12, 21 and 23 as well as [name]-P1, PD-P2 and PD-P11 of the Cornwall Area of Outstanding Natural Beauty Management Plan 2022 – 2027. Taken together, the relevant aspects of these policies seek to ensure that new development is well designed and that it preserves character and appearance and the natural environment, including the scenic beauty of the NL.

I have been provided with a unilateral undertaking (the UU) which secures the proposed dwelling as a self-build home, thereby ensuring that the proposal is not subject to mandatory biodiversity net gain requirements. I am satisfied that the UU is necessary, meets the relevant tests, and would achieve the desired outcome. I note that the Council has not objected to its content.

Two dwellings in the farmyard area, known as [address] and [name], are designated as [name] listed buildings, including the garden walls associated with the latter. Their significance is associated with their attractive stone built appearance which strongly reflects the predominant character of these rural surroundings. Given that I have not find harm in relation to character and appearance, I am also satisfied that the significance of these heritage assets would not be harmed by a well designed dwelling.

I have imposed conditions to identify the relevant timescales and plans in the interests of certainty. A condition is necessary to limit the occupation of the property in accordance with the nature of the application. A further condition is required to ensure that adequate measures in put in place for the disposal of foul and surface water. Finally, a condition is necessary to ensure the recording of any archaeological features.

The proposed development is in accordance with the development plan when considered as a whole. Having had regard to all matters raised, I conclude that the appeal should be allowed.

The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan PL-00-01; Block Plan PL-00-02; and Existing Site Plan PL-00-03.

Details of the access, appearance, landscaping, layout and scale, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

An application for approval of reserved matters must be made no later than the expiration of 3 years from the date of this decision and the development hereby approved shall commence no later than 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

The occupation of the dwelling hereby approved shall be limited to a person solely or mainly working, or last working, in the locality in agriculture as defined by section 336 (1) of the 1990 Town and Country Planning Act (as amended), or in forestry, or a widow or widower or surviving civil partner of such a person, and to any resident dependants.

The development hereby permitted shall not be occupied until the installation of a system to serve the development for the disposal of foul and surface water drainage has been completed in accordance with details which shall first have been submitted to and approved in writing by the local planning authority. The details shall include a programme for maintaining the system if required. The system shall be retained and maintained thereafter in accordance with the approved details.

(A) No development or groundworks shall take place until a project design [name] of Investigation (WSI) for archaeological recording has been submitted to and approved by the local planning authority in writing. The WSI shall include an assessment of significance and research questions, and: • The programme and methodology of site investigation and recording • The programme for post investigation assessment • Provision to be made for analysis of the site investigation and recording • Provision to be made for publication and dissemination of the analysis and records of the site investigation • Provision to be made for archive deposition of the analysis and records of the site investigation • Nomination of a competent person or persons/organisation to undertake the works set out within the [name] of Investigation (B) No development or groundworks shall take place other than in accordance with the project design/[name] of Investigation approved under (A). (C) The dwelling shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the [name] of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. (D) The archaeological recording condition will only be discharged when all elements of the WSI including on site works, analysis, report, publication (where applicable) and archive work has been completed, and a final report has been submitted to, and approved by, the Local Planning Authority.