Fleur De Lys, Nanstallon, Bodmin, Cornwall, PL30 5LY

Planning appeal 3269674 at Fleur De Lys, Nanstallon, Bodmin, Cornwall, PL30 5LY (Cornwall Council) was dismissed on 30 June 2021 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the structure on the appeal site is a building or a caravan following the addition of an extension.

Certificate of lawful use or development for residential unit (static caravan with extension)

Authority: Cornwall Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: caravan-gypsy · Change of use
Inspector: Graham J
Postcode: PL30 5LY

Main issues, as the Inspector framed them

Whether the structure on the appeal site is a building or a caravan following the addition of an extension
Whether the creation of the building amounted to unauthorised development that achieved immunity from enforcement
Whether the residential use of the dwellinghouse has been abandoned

What decided it

The residential use of the dwellinghouse was abandoned following Mrs Pryor's death in 2007, as evidenced by twelve years of non-use, severe deterioration of the building, and the objective absence of any clear intention by the owners to resume residential occupation.

What the Inspector cited

Judgments: Pugsley v SSE & North Devon DC [1996] JPL B124; Skerrits of Nottingham Ltd v SSETR (No. 2) [2002] EWCA Civ 5569; Gravesham BC v SSE (1984) 47 P&CR; Newbury DC v SSE & Others [1980] 2 WLR 379, [1981] AC 578; Panton & Farmer v SSETR & Vale Horse DC [1999] JPL 461; Hartley v MHLG [1970] 1QB 413; Trustees of Castell-y-Mynach Estate v Taff-Ely BC [1985] JPL 40; Bramall v SSCLG [2011] JPL 1373; Hughes v SSETR [2000] 80 P&CR

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.

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The decision letter

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4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis 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.