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Allowed4 November 20213277224

The Chalet, The Carnes, Boat Cove Lane, Perranuthnoe, Penzance, TR20 9NW

Planning appeal 3277224 at The Chalet, The Carnes, Boat Cove Lane, Perranuthnoe, Penzance, TR20 9NW (Cornwall Council) was allowed on 4 November 2021 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: whether the council's decision to refuse to grant a certificate of lawful use or development was well founded.

for the existing use of the building for holiday purposes

Authority
Cornwall Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Jarratt P
Postcode
TR20 9NW

Main issues, as the Inspector framed them

  • whether the council's decision to refuse to grant a certificate of lawful use or development was well founded

What decided it

The appellant demonstrated on the balance of probabilities that the use for holiday purposes with occasional overnight stays commenced in 1976 and continued uninterrupted for at least 10 years, achieving immunity from enforcement action through the passage of time.

What the Inspector cited

Judgments
Castell-y-Mynach Estate (Trustees of) v SSW [1985] JPL 40; Hughes v SSETR (2000) 80 P & CR 397; FW Gabbitas v SSE and Newham LBC [1985] 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 applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.