Land North West of Kestle Mill House, Kestle Mill, NEWQUAY, Cornwall, TR8 4PJ

described in the application form as follows: Use incidental to the residential use of the associated dwelling house

Authority: Cornwall Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Ghafoor A

Main issues, as the Inspector framed them

Whether the incidental residential use of the land west of Kestle Mill Farmhouse was lawful by virtue of the 10-year enforcement time limit under section 171B(3) of the Town and Country Planning Act 1990

What decided it

The sworn testimony and documentary evidence established on the balance of probabilities that the incidental residential use of the land commenced on or before the relevant date and continued for more than 10 years, making enforcement action time-barred under section 171B(3) of the 1990 Act.

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