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Planning appeal decision

Notice varied and upheld12 August 20253320430

Land Known As North East of Tregonetha, Tregonetha, St Columb Major, TR9 6EL

Planning appeal 3320430 at Land Known As North East of Tregonetha, Tregonetha, St Columb Major, TR9 6EL (Cornwall Council) was allowed in part (a split decision) on 12 August 2025 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the operational development in the form of the building has gained immunity from enforcement action under the four-year rule.

without planning permission, the erection of a residential chalet and associated material change of use of the land from agricultural to residential and associated operational development. The land has been outlined red on the associated plan 'The Plan'

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Kean G
Postcode
TR9 6EL

Main issues, as the Inspector framed them

  • Whether the operational development in the form of the building has gained immunity from enforcement action under the four-year rule
  • Whether the residential use of the land and chalet has gained immunity from enforcement action
  • Whether the requirements of the enforcement notice are excessive and lesser steps would overcome the objections

What decided it

The building was substantially completed more than four years before the enforcement notice was issued, making the operational development immune from enforcement, but the residential use lacked documentary evidence of continuous occupation and Council tax registration, preventing immunity under the four-year rule for change of use.

The decision letter

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The authority’s record since 2016 · every decision in 2025

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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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