Oak House, Four Turnings, Feock, Truro, Cornwall, TR3 6QR

Planning appeal 3331623 at Oak House, Four Turnings, Feock, Truro, Cornwall, TR3 6QR (Cornwall Council) was allowed on 8 August 2024 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: TR3 6QR

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

What the Inspector cited

Development plan policies: Policy 1 (Cornwall Local Plan)Policy 2 (Spatial Strategy)Policy 12 (Design)Policy 23 (Natural Environment)Policy D1 (Design Quality) FNDPPolicy LS2 (Protecting and enhancing the landscape) FNDPPolicy C1 (Cornwall Council Climate Emergency Development Plan Document)
Judgments: Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467; Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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.