Land north of Boswiddle House, Site 2, Boswiddle, Ladock, Cornwall, TR2 4NU

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 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.

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