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Notice varied and upheld17 November 20223300221

Land at Trengayor, St Genny, Bude, Cornwall, EX23 0NX

Planning appeal 3300221 at Land at Trengayor, St Genny, Bude, Cornwall, EX23 0NX (Cornwall Council) was allowed in part (a split decision) on 17 November 2022 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is excessive in requiring the removal of items such as kitchen facilities and flooring which the appellant contends were installed for an authorised agricultural use and have been in place for more than four years, rather than being integral to the unauthorised storage use.

Material change of use of agricultural building approved under planning permission PA11/10309 to the mix storage of non-agricultural residential paraphernalia and agricultural items

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Graham J
Postcode
EX23 0NX

Main issues, as the Inspector framed them

  • Whether the enforcement notice is excessive in requiring the removal of items such as kitchen facilities and flooring which the appellant contends were installed for an authorised agricultural use and have been in place for more than four years, rather than being integral to the unauthorised storage use

What decided it

The kitchen facilities and flooring were not integral to the material change of use to storage, but rather were part of the authorised agricultural use, and therefore their removal could not be required by the enforcement notice.

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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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