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Quashed On Legal Grounds2 January 20243307527

Land Known As Land North East Of Bramwell Barn, Mount Hawke, Cornwall, TR4 8BQ

Planning appeal 3307527 at Land Known As Land North East Of Bramwell Barn, Mount Hawke, Cornwall, TR4 8BQ (Cornwall Council) was decided (quashed on legal grounds) on 2 January 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether a material change of use from nil use to residential with associated operational development has occurred, or whether the use comprises a mixed use of residential and light industrial purposes.

without planning permission, the material change of use of the land from nil use to residential through the creation of two dwellings and associated operational development. The land has been outlined in red on the attached plan ‘The Plan

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Howell M
Postcode
TR4 8BQ

Main issues, as the Inspector framed them

  • Whether a material change of use from nil use to residential with associated operational development has occurred, or whether the use comprises a mixed use of residential and light industrial purposes

What decided it

The breach of planning control as alleged in the Enforcement Notice (material change of use to residential only) has not occurred because the actual use is a mixed use of residential and light industrial purposes, which is materially different from what was alleged.

The decision letter

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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2024

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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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