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Planning appeal decision

Notice varied and upheld29 April 20263355201

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

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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More decisions in Cornwall

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

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  4. Notice varied and upheld28 July 20263367244
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  5. Notice varied and upheld23 July 20263365106
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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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