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Planning appeal decision

Notice upheld11 July 20233294051

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

Planning appeal 3294051 at Land Rear of Anneth Noweth, Penhallick, Carn Brea, Redruth, TR15 3YR (Cornwall Council) was dismissed on 11 July 2023 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the Enforcement Notice was served in accordance with section 172 of the Town and Country Planning Act 1990.

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
Postcode
TR15 3YR

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 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.

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