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Planning appeal decision

Notice varied and upheld26 January 20263371731

2 Rookery Cottages Mile Hill, Porthtowan, Truro, Cornwall, TR4 8TY

Planning appeal 3371731 at 2 Rookery Cottages Mile Hill, Porthtowan, Truro, Cornwall, TR4 8TY (Cornwall Council) was allowed in part (a split decision) on 26 January 2026 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged by the notice have occurred (ground b).

Without planning permission, the material change of use of the land for the erection of an independent C3 unit of residential accommodation and associated operational development consisting of a concrete base, sceptic [sic] tank, decked area, access path, hardstanding, timber fence and covered Heras fencing/screening and associated chattels (e.g., plant pots, outside seating, lighting, etc.) marked with a blue ‘A’ on the attached plan

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Graham J
Postcode
TR4 8TY

Main issues, as the Inspector framed them

  • Whether the matters alleged by the notice have occurred (ground b)
  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether enforcement action could be taken at the date the notice was issued (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)

What decided it

The structure was used as a separate residential unit independent of the main dwelling during periods when the main house was let as holiday accommodation, breaking the functional link essential to its status as a residential annexe.

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 upheld28 July 20263367244
    Land Adjacent to Nicholas , Halamanning, Penzance, England, TR20 9HT
  5. Notice varied and upheld23 July 20263365106
    Land East of 'The Stables', Bar Lane, Connor Downs, Cornwall, TR27 5DF

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.

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