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Allowed18 December 20253324825

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

Planning appeal 3324825 at Land North West of Kestle Mill House, Kestle Mill, Newquay, Cornwall, TR8 4PJ (Cornwall Council) was allowed on 18 December 2025 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
TR8 4PJ

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.

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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