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Planning appeal decision

Notice varied and upheld26 January 20263371731

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.