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Planning appeal decision

Notice varied and upheld28 July 20263367244

Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT

Planning appeal 3367244 at Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT (Cornwall Council) was allowed in part (a split decision) on 28 July 2026 by Inspector Baxter C, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).

Without planning permission: (1) the material change of use of agricultural land to a mixed use comprising of agricultural, residential and domestic use, to include: (a) the stationing of 2 caravans used for residential occupation, (b) the siting of a yurt used for residential occupation with associated raised decking area, (c) the residential occupation of a building constructed on the land, and (2) the operational development on agricultural land to construct: (a) domestic play equipment, and (b) a building used as a domestic recording studio

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Baxter C
Postcode
TR20 9HT

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • Whether at the time the notice was issued it was too late for enforcement action to be taken (ground d)
  • Whether the requirements of the notice exceed what is necessary to remedy the breach (ground f)

What decided it

The material change of use to residential use and the recording studio building were carried out without planning permission and within the enforcement time limits, so the notice was properly issued and the requirements were necessary to remedy the breaches.

What the Inspector cited

Judgments
Murfitt v SSE [1980] JPL 598

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 applied

The decision letter

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More decisions in Cornwall

The authority’s record since 2016 · every decision in 2026

  1. Allowed28 October 20266006769
    Wayside Barn, Field Opposite Lower Reen Farm, Reen, Perranporth, TR6 0AL
  2. Notice upheld16 September 20263363841
    Sand Sea and Surf, Wharf Road, St.Ives, TR26 1LF
  3. Notice upheld29 July 20263364019
    2 Battery Terrace, Mevagissey, St. Austell, PL26 6QS
  4. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF
  5. Notice upheld22 July 20263359554
    Weemere, Golberdon Road, Pensilva, Liskeard, PL14 5RN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.