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Dismissed31 July 20233294325

Carn Meor Coppice, The Carn, Black Rock, Camborne, Cornwall, TR14 9NG

Planning appeal 3294325 at Carn Meor Coppice, The Carn, Black Rock, Camborne, Cornwall, TR14 9NG (Cornwall Council) was dismissed on 31 July 2023 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the time available to the Council for taking enforcement action against the development had expired before the date of the application for a certificate of lawful use or development.

the erection of a dwellinghouse

Authority
Cornwall Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Graham J
Postcode
TR14 9NG

Main issues, as the Inspector framed them

  • Whether the time available to the Council for taking enforcement action against the development had expired before the date of the application for a certificate of lawful use or development

What decided it

The construction of the dwellinghouse was integral to the unauthorised material change of use of the land from horticultural to residential, making the ten-year enforcement time limit applicable rather than the four-year limit, and since less than ten years had elapsed from the commencement of residential use to the LDC application date, the development was not lawful.

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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