®Planning appeal decision
Crean Mill Quarry, Crean, St. Buryan, PENZANCE, Cornwall, TR19 6HA
Removal of Existing Caravan and Construction of Forestry Maintenance Building and Associated Works' without compliance of condition 2 of
- 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
- Appeal A ground (b): whether a material change of use to B8 storage has occurred as a matter of fact
- Appeal A ground (c): whether the structure constitutes a building requiring planning permission
- Appeal A ground (d): whether enforcement action is time-barred
- Appeal A ground (f): whether the requirements of the enforcement notice are excessive
- Appeal A ground (g): whether the compliance period is reasonable
- Appeal B: whether the failure to comply with condition 2 of PA20/05387 has resulted in material harm
What decided it
In Appeal A, the enforcement notice was upheld because the building constituted an unauthorised material change of use to B8 storage with no planning permission and no immunity from enforcement action. In Appeal B, the appeal was allowed because the building, although constructed larger than approved, was justified by the appellant's legitimate agricultural enterprise and caused no material harm to the landscape or amenity.
Plan policies cited: Cornwall Local Plan
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.