®Planning appeal decision
Land East of Fordland View , Moorgate, Advent , Camelford , Cornwall , PL32 9QH
Planning appeal 3263873 at Land East of Fordland View , Moorgate, Advent , Camelford , Cornwall , PL32 9QH (Cornwall Council) was allowed in part (a split decision) on 3 November 2021 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served on all persons with an interest in the land (ground e).
Operational development and material change of use of agricultural land to stationing of two camping pods, toilet/shower block, jacuzzi, shed, and residential paraphernalia with laying of chippings
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Jarratt P
- Postcode
- PL32 9QH
Main issues, as the Inspector framed them
- Whether the enforcement notice was properly served on all persons with an interest in the land (ground e)
- Whether the breach alleged has occurred as a matter of fact (ground b)
- Whether there has been a breach of planning control (ground c)
- Whether it was too late to take enforcement action (ground d)
- Whether planning permission should be granted for the development (ground a)
- Whether the steps to comply with the notice are excessive (ground f)
- Whether the time to comply with the notice is too short (ground g)
What decided it
The appeal site lies in open countryside outside any settlement boundary, and the material change of use to residential purposes (whether holiday or homeless accommodation) conflicts with national and local policy restricting development in unsustainable countryside locations.
The social benefit of providing homeless accommodation was outweighed by the policy objections to residential development in an isolated, unsustainable countryside location contrary to NPPF paragraph 80 and Local Plan Policies 5, 7 and 23.
What the Inspector cited
- Development plan policies
- Policy 7Policy 5Policy 23
- National Planning Policy Framework
- Paragraph 80Paragraph 174
- Judgments
- Newham LBC v Miah [2016] EWHC 1043 Admin; Skerritts of Nottingham Ltd v SSETR [2000] 2 PLR 102; Murfitt v SSE and East Cambridgeshire CC [1980] JPL 598; Somak Travel v SSE and Brent LBC [1987] JPL 630
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.