®Planning appeal decision
Southeast of Cerenety, Lynstone, BUDE, Cornwall, EX23 0LR
retrospective change of use of land for the siting of a mobile home for residential use with decking structure and associated development
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Jarratt P
Main issues, as the Inspector framed them
- Appeal A ground (c): whether there has been a breach of planning control
- Appeal A ground (f): whether the requirements of the enforcement notice are excessive
- Appeal A ground (g): whether the compliance period is unreasonable
- Appeal B: whether the development complies with policies that restrict development in the countryside and the effect that the development has on the character and appearance of the area
What decided it
The site forms a separate planning unit from the land benefitting from the Certificate of Lawfulness, and the development conflicts with development plan policies restricting countryside development and harms the character and appearance of the area, with no essential need for residential occupation demonstrated.
The harm to character and appearance of the countryside and conflict with development plan policies restricting countryside development outweighed the limited benefits of providing a mobile home in the open countryside and the appellant's personal circumstances, with the absence of a five-year housing land supply not overriding the unsustainable location.
Framework references: 11, 12, 84, 135, 187
Plan policies cited: Policy 2 (spatial strategy), Policy 3 (role and function of places), Policy 7 (housing in the countryside), Policy 21 (best use of land and buildings), Policy 23 (landscape character), Policy 3 of the Bude Neighbourhood Plan
Judgments cited: Burdle and Williams v SSE & New Forest District Council [1972] 1 WLR 1207; Somak Travel v SSE [1987] JPL 630; Kestrel Hydro v SSCLG [2016] EWHC 1654 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.