®Planning appeal decision
Oak House, Four Turnings, Feock, TRURO, Cornwall, TR3 6QR
Without planning permission, the material change of use of the land from agricultural land to domestic recreational use associated with the dwelling known as ‘Oak House’, and associated operational development comprising of the construction of wooden decking, shed, pond, swing and shepherds hut
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether or not the use of the appeal site for a purpose incidental to the enjoyment of the dwellinghouse at Oak House commenced more than 10 years prior to the issue of the enforcement notice, and if so, whether this use continued substantially uninterrupted for a period of 10 years or more prior to the issue of the notice
- Whether or not, prior to the issue of the notice, 4 years had passed beginning with the date on which the operational development was substantially completed
- The effect of the development on the character and appearance of the surrounding area and the setting of the Cornwall National Landscape
What decided it
The appellants' precise and unambiguous evidence, including statutory declarations and evidence under oath, established continuous use for purposes incidental to the dwellinghouse since 2011, satisfying the 10-year immunity period, and the remaining pond and decking were found to cause no material harm to character, appearance or heritage setting.
the development accorded with the development plan as a whole and no material consideration indicated a decision otherwise than in accordance with the plan, so permission was granted
Plan policies cited: Policy 1 (Cornwall Local Plan), Policy 2 (Spatial Strategy), Policy 12 (Design), Policy 23 (Natural Environment), Policy D1 (Design Quality) FNDP, Policy LS2 (Protecting and enhancing the landscape) FNDP, Policy C1 (Cornwall Council Climate Emergency Development Plan Document)
Judgments cited: Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467; Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.