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Dismissed13 May 20243313430

Castlematter Ltd, Tinners Walk, Port Pendennis, Falmouth, Cornwall, TR11 3XZ

Planning appeal 3313430 at Castlematter Ltd, Tinners Walk, Port Pendennis, Falmouth, Cornwall, TR11 3XZ (Cornwall Council) was dismissed on 13 May 2024 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the use of two storage containers on the car park was lawful at the date of the application by virtue of the ten-year enforcement time limit under section 171B of the Town and Country Planning Act 1990.

two 20ft containers placed on the car park

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Graham J
Postcode
TR11 3XZ

Main issues, as the Inspector framed them

  • Whether the use of two storage containers on the car park was lawful at the date of the application by virtue of the ten-year enforcement time limit under section 171B of the Town and Country Planning Act 1990

What decided it

The Appellant failed to discharge the evidential burden of demonstrating that the containers were placed on the site by 6 April 2012, with photographic evidence indicating they were placed between June 2014 and August 2015.

The decision letter

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

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