®Planning appeal decision
land east of Park Hall, Mount Hawke, Truro, TR4 8DL
Without planning permission, the material change of use of the land from agricultural to a mixed use comprising of agricultural and residential use, through the erection of two yurts and construction of a large timber outbuilding used for residential purposes and construction of associated timber structures, including a shower/toilet structure, porch/open kitchen area, outdoor toilet, shed (used as bedroom) and domestic style sheds. Also, the non-agricultural use of polytunnels approved under planning permission C1/PA25/0255/96/N and the siting of 2 shipping containers for storage purposes in connection with the residential use
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- Ground (b)/(c) — whether the matters alleged (including use of the shipping containers) occurred and constitute a breach of planning control
- Ground (d)/(f) — whether enforcement action was time-barred and whether the notice's requirements exceed what is necessary to remedy the breach
- Ground (g) — whether the period for compliance is reasonable, having regard to the appellant's status as a traveller
What decided it
The finding that the appellant's occupation of the yurt as a dwelling was fundamental to (not merely ancillary to) the material change of use, meaning under the Caldwell principle its removal could not be secured, but as this residential use had not achieved the requisite immunity period the enforcement notice (as varied) was upheld.
The significant planning harm arising from the unauthorised and policy-conflicting residential use of the land outweighed the appellant's personal circumstances as a traveller, so the 12-month compliance period was not extended.
Judgments cited: Skerritts of Nottingham Ltd v SSETR (No. 2) [2002] EWCA Civ 5569; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467
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.