Land east of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

Without planning permission, the construction of a timber chalet for residential use, associated development in the form of raised timber decking and hardstanding area/paths and the material change of use of the land from agricultural to a mixed use comprising of agricultural and residential

Authority: Cornwall Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Buchanan R

Main issues, as the Inspector framed them

Whether the construction of a timber chalet for residential use and associated development, and the material change of use of the land to a mixed equestrian and residential use, occurred as a matter of fact (ground (b))
Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground (f))
Whether the 6 month compliance period is reasonable (ground (g))

What decided it

The timber chalet was constructed with permanent materials and all viable facilities for residential use, and was clearly capable of being used as a dwellinghouse regardless of actual occupancy, resulting in a material change of use of the land.

Judgments cited: Gravesham BC v SSE & O'Brien [1983] JPL 306; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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