Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld29 April 20263348537

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

Planning appeal 3348537 at Middle Earth, Skate Park Lane, Mount Hawke, Cornwall, TR4 8BQ (Cornwall Council) was allowed in part (a split decision) on 29 April 2026 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether at the date the notice was issued, enforcement action could be taken in respect of the breach of planning control (ground (d)).

Material change of use of land from nil use to mixed use comprising residential and light industrial (Class E(g)(iii)) through creation of live/work unit with residential unit, workshop and associated operational development

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Whitfield J
Postcode
TR4 8BQ

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.

The 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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

18 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Cornwall

The authority’s record since 2016 · every decision in 2026

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.