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

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

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.

Judgments cited: 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

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