Rosevean, Halvasso, PENRYN, TR10 9BY

change of use of an agricultural barn to a single dwellinghouse and operational development without complying with a condition attached to the planning permission, which was granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO)

Authority: Cornwall Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Davies N

Main issues, as the Inspector framed them

Whether it would be lawful to vary or remove the condition requiring completion within three years and, if it would be, whether any harm would arise from doing so

What decided it

The appellant's legal opinion that extending the completion period does not explicitly extend the time by which development must be started and therefore does not breach Section 73(5) of the TCPA was persuasive in the absence of equivalent evidence from the Council.

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