Planning appeal decision
Land North of Boswiddle House, Site 2, Boswiddle, Ladock, Cornwall, TR2 4NU
Planning appeal 3355201 at Land North of Boswiddle House, Site 2, Boswiddle, Ladock, Cornwall, TR2 4NU (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 enforcement notice was issued, enforcement action could be taken in respect of the operational development elements (terracing, track/hardstanding, polytunnel, shed and greenhouse) under section 174(2)(d).
Material change of use of agricultural land to mixed use comprising agricultural, residential and storage of non-agricultural items/materials, through stationing of caravan and awning, terracing of land, construction of track/hardstanding areas, siting of shipping container structure, polytunnel, shed, greenhouse and converted horse lorry
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Whitfield J
- Postcode
- TR2 4NU
Main issues, as the Inspector framed them
- Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the operational development elements (terracing, track/hardstanding, polytunnel, shed and greenhouse) under section 174(2)(d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control under section 174(2)(f)
What decided it
The Murfitt principle permits an enforcement notice to require removal of ancillary or incidental works that facilitated a material change of use, even if those works are themselves immune from enforcement action due to the passage of time, provided they are not fundamental to the breach.
The decision letter
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With an account
What an account adds to this decision


More decisions in Cornwall
The authority’s record since 2016 · every decision in 2026
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- Notice upheld29 July 202633640192 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
- Notice varied and upheld28 July 20263367244Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
- Notice varied and upheld23 July 20263365106Land 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.
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