®Planning appeal decision
The Flat, 30 Fore Street, Fowey, PL23 1AQ
Planning appeal 3340536 at The Flat, 30 Fore Street, Fowey, PL23 1AQ (Cornwall Council) was allowed in part (a split decision) on 2 June 2026 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control.
Without planning permission, the construction of roof terrace area with glass balustrade. The approximate location of the terrace is marked by a blue 'X' of the attached plan
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Graham J
- Postcode
- PL23 1AQ
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice constitute a breach of planning control
- Whether the time limit for taking enforcement action had expired
- Whether planning permission should be granted for the development or any part of it
- Whether the steps required by the notice exceed what is necessary to remedy the breach
- Whether the compliance period is reasonable
What decided it
The reduction of the terrace to the dimensions of the previous terrace would eliminate the unacceptable loss of privacy and noise impacts on the neighbouring property while preserving the character of the conservation area.
The benefits of providing a modest outdoor amenity space for the residential occupiers, consistent with the lawful use of the previous terrace, were balanced against the harm to neighbouring living conditions; the balance was struck by permitting a reduced terrace matching the previous dimensions.
What the Inspector cited
- Development plan policies
- Policy 12 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 24 of the Cornwall Local Plan Strategic Policies 2010-2030Policy 2 of the Fowey Neighbourhood Development Plan
- Judgments
- Burroughs Day v Bristol City Council [1996] 1 PLR 78
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2026
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- Allowed11 August 20266003039Land to the North and South of Trerice Farmhouse, Trerice Dairy Farm and Green Meadows, St Dennis, St. Austell, PL26 8EG
- Dismissed10 August 202660054649 Coronation Place, Helston, TR13 8JD
- Notice upheld29 July 202633640192 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
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.