®Planning appeal decision
Southeast of Cerenety, Lynstone, Bude, Cornwall, EX23 0LR
Planning appeal 3357383 at Southeast of Cerenety, Lynstone, Bude, Cornwall, EX23 0LR (Cornwall Council) was dismissed on 9 May 2025 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Appeal A ground (c): whether there has been a breach of planning control.
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
- Postcode
- EX23 0LR
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.
What the Inspector cited
- Development plan policies
- 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
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 84Paragraph 135Paragraph 187
- Judgments
- 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)
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.