Land Known As Higher Hawks Tor, Bodmin, Cornwall, PL30 4BB

Planning appeal 3268530 at Land Known As Higher Hawks Tor, Bodmin, Cornwall, PL30 4BB (Cornwall Council) was allowed in part (a split decision) on 21 October 2021 by Inspector Graham J, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged in the notice constitute a breach of planning control (ground (c)).

without planning permission, the material change of use of: o the building known as Higher Hawks Tor (Building A on the attached plan) from a single dwellinghouse to a mixed use comprising a large scale (sui generis) Home in Multiple Occupation (HMO) and a self-contained flat; o Lower Hawks Tor (Building B on the attached plan) from a single dwellinghouse to three dwellinghouses; o the land for the stationing of residential caravans (and associated engineering operations to facilitate their stationing on the land) And the o change of use of an outbuilding (Building C on the attached plan) to form a single dwellinghouse

Authority: Cornwall Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Graham J
Postcode: PL30 4BB

Main issues, as the Inspector framed them

Whether the matters alleged in the notice constitute a breach of planning control (ground (c))
Whether, at the date the notice was issued, it was too late to take enforcement action against the breach (ground (d))
Whether the compliance periods specified in the notice are reasonable (ground (g))

What decided it

All three grounds of appeal failed because the Inspector found material changes of use had occurred without permission, within the statutory enforcement time limits, and the notice's compliance periods were reasonable.

The need to regulate land use through development control was found to outweigh the interference with the occupiers' Article 8 rights and Equality Act considerations, such that upholding the notice was proportionate.

The decision letter

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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.