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Dismissed3 July 20243332168

Angarrick Stables , Angarrick, Mylor Bridge, Falmouth, Cornwall, TR11 5NX

Planning appeal 3332168 at Angarrick Stables , Angarrick, Mylor Bridge, Falmouth, Cornwall, TR11 5NX (Cornwall Council) was dismissed on 3 July 2024 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the ten-year period available to the Council to take enforcement action against the breach of planning control (residential use of land without permission) had expired by the date of the LDC application, such that the use is now immune from enforcement.

Certificate of lawful use for the siting of a residential caravan

Authority
Cornwall Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Graham J
Postcode
TR11 5NX

Main issues, as the Inspector framed them

  • Whether the ten-year period available to the Council to take enforcement action against the breach of planning control (residential use of land without permission) had expired by the date of the LDC application, such that the use is now immune from enforcement

What decided it

The evidence submitted was lacking in precision and contained significant unresolved contradictions and ambiguities, making it insufficient to demonstrate on the balance of probabilities that there had been uninterrupted residential use of the land for ten years.

The decision letter

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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2024

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  3. Notice upheld29 July 20263364019
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  4. Notice varied and upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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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