Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld4 February 20263360665

Land to the northwest of Penhalurick Farm, Penhalvean, REDRUTH, TR16 6TG

retrospective planning application for the retention of an agricultural building, hardstanding, storage container, welfare/storage unit and widened entrance gateway

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Jarratt P

Main issues, as the Inspector framed them

  • Whether the breach of planning control has occurred as a matter of fact (ground b)
  • Whether there has been a breach of planning control in relation to permitted development rights (ground c)
  • Whether the requirements of the enforcement notice are excessive (ground f)
  • Whether the compliance period is too short (ground g)
  • Whether the enterprise is of a scale appropriate to its location
  • The impact that the development has on the landscape
  • Whether there is a fallback position

What decided it

The fallback position that the appellant could have obtained permitted development for an agricultural building of similar size and visual impact outweighed the landscape harm, justifying permission for the building, hardstanding and access, but the storage container and welfare unit lacked justification and were refused.

Plan policies cited: Cornwall Local Plan Policy 2, Cornwall Local Plan Policy 12

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.