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Planning appeal decision

Notice upheld11 July 20233294051

Land rear of Anneth Noweth, Penhallick, Carn Brea, Redruth, TR15 3YR

Without planning permission, the material change in the use of the land from a nil use to a B8 storage use for the storage of scaffolding materials, vehicles and the siting of a shipping container, as shown outlined in red on the attached plan

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Graham J

Main issues, as the Inspector framed them

  • Whether the Enforcement Notice was served in accordance with section 172 of the Town and Country Planning Act 1990
  • Whether at the date the notice was issued it was too late to take enforcement action
  • Whether the Enforcement Notice should be varied to impose time restrictions on the use

What decided it

The Established Use for storage of heavy machinery acquired between 1950-1970 has been abandoned due to at least 33 years of non-use evidenced by satellite imagery, making the current scaffolding storage use an unauthorised material change of use within the ten-year enforcement time limit.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.