®Planning appeal decision
The Cabin, Lower Goongumpas Lane, Goongumpas, St Day, Cornwall , TR16 5JL
Without planning permission, the material change of use of agricultural land to a mixed use comprising of agricultural and residential use through the stationing of a static caravan used for residential purposes and associated operational development, including the creation of a concrete plinth, hardstanding area and timber fencing . The approximate position of the caravan is indicated by a blue ‘X’ on the attached plan 1
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Bale M
Main issues, as the Inspector framed them
- Whether, at the date the enforcement notice was issued, the alleged breach of planning control had persisted for 10 years or more, such that no enforcement action could be taken under section 174(2)(d) of the Town and Country Planning Act 1990
What decided it
The appellant proved on the balance of probabilities that the alleged mixed use had persisted continuously for more than 10 years prior to service of the enforcement notice, rendering enforcement action time-barred under section 174(2)(d).
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.