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Quashed On Legal Grounds22 December 20253336816

Land and Buildings to East of Gwel Lewern, Jelbert Way, Penzance, TR18 3AS

Planning appeal 3336816 at Land and Buildings to East of Gwel Lewern, Jelbert Way, Penzance, TR18 3AS (Cornwall Council) was decided (quashed on legal grounds) on 22 December 2025 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were properly served on the owner and occupier of the land and any other person having a material interest in the land as required by section 172 of the Town and Country Planning Act 1990.

Erection of palisade fencing in excess of 1 metre in height including four pairs of gates (three along Jelbert Way and one on Gwel Lewern)

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Ghafoor A
Postcode
TR18 3AS

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were properly served on the owner and occupier of the land and any other person having a material interest in the land as required by section 172 of the Town and Country Planning Act 1990

What decided it

The Council failed to evidence that all persons with a material interest in the land, particularly the registered freeholder or leaseholder, were properly served with the enforcement notice as required by law.

The decision letter

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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2025

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  4. Notice varied and upheld28 July 20263367244
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  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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