Middle Earth, Skate Park Lane, Mount Hawke, Cornwall, TR4 8BQ

Authority: Cornwall Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Whitfield J

Main issues, as the Inspector framed them

Whether at the date the notice was issued, enforcement action could be taken in respect of the breach of planning control (ground (d))
Whether the period for compliance specified in the notice falls short of what should reasonably be allowed (ground (g))

What decided it

The operational development elements (residential unit and workshop) were substantially completed before the four-year immunity period expired under section 171B(1), rendering them immune from enforcement, but the material change of use to mixed use was not immune as it commenced after the ten-year period had begun.

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