Land East of Six Chimneys, Bolenowe, Troon, Camborne, Cornwall, TR14 9JA

Main issues, as the Inspector framed them

• Whether the breach of planning control has occurred as a matter of fact (ground b)
• Whether the requirements of the enforcement notice are excessive (ground f)
• Whether the compliance period of 12 months is too short (ground g)
• Whether there are special circumstances that justify residential development in open countryside
• The effect of the development on the character and appearance of the countryside

What decided it

The chalet's prominent and incongruous appearance in the landscape, combined with its failure to meet the special circumstances test for countryside residential development and its conflict with up-to-date design and environmental policies, outweighed the personal circumstances of the appellant's mother's care needs.

The personal circumstances and medical needs of the appellant's mother and the fact that she would be cared for by her daughter did not outweigh the policies in the Local Plan and the harm caused by the chalet to the character and appearance of the countryside; the mitigation measures for the Falmouth and Helford SAC did not outweigh the development harm.