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

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

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.

Judgments cited: Murfitt v SSE [1980] JPL 598

Read the decision letter on the Inspectorate’s site

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