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Dismissed19 February 20253352143

New Farm, St. Mawgan, Newquay, TR8 4HH

Planning appeal 3352143 at New Farm, St. Mawgan, Newquay, TR8 4HH (Cornwall Council) was dismissed on 19 February 2025 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach which led to the surcharge (failure to submit a Commencement Notice before starting works) occurred.

Single storey annexe (retrospective permission)

Authority
Cornwall Council
Appeal type
other · Community Infrastructure Levy Appeal
Procedure
Written Representations
Development
residential · Not Applicable
Inspector
McEntee K

Main issues, as the Inspector framed them

  • Whether the alleged breach which led to the surcharge (failure to submit a Commencement Notice before starting works) occurred
  • Whether the Council failed to serve a Liability Notice in respect of the development to which the surcharge relates
  • Whether the surcharge has been miscalculated
  • Whether the Council issued a Demand Notice with an incorrectly determined deemed commencement date

What decided it

The appellants pressed ahead with development before obtaining planning permission, making the surcharge unavoidable as a valid Commencement Notice could not be submitted beforehand.

The decision letter

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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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