Portreath Parish Council
Clerk To Portreath Parish Council
16 Glenfeadon Terrace
Portreath
TR16 4JX
	Your ref:		
	My ref:	EN25/00751	
	Date:	12 May 2026	

Dear Sir/Madam

Town and Country Planning Act 1990 - Appeal Under Section 174 
 
Site Address:	Land NE Of Tramside Farm Nancekuke Redruth	
Alleged Breach:	Appeal against enforcement notice - Without planning permission, the construction of a residential dwelling and the associated material change of use of the land from agricultural to residential, together with related development and engineering operations to terrace and regrade the land, construction of retaining walls, hardstanding areas, domestic timber fencing, and erection of large timber children's play equipment and associated domestic paraphernalia.	
Appellant’s name:	Mr D Proud	
Appeal reference:	6006495	
Appeal Start Date:	27 April 2026	

I refer to the above details.  An appeal has been made to the Secretary of State against an enforcement notice issued by Cornwall Council.

The enforcement notice was issued for the following reasons:

The breach of planning control was materially complete prior to the new Levelling Up and Regeneration Act coming into effect. The breach has therefore been considered under the time limits set out under Section 171B of The Town and Country Planning Act, 1990. It appears to the Council that the above breach of planning control has occurred within the last four and ten years. 

It is considered that the operational development and associated material change of use do not accord with the relevant development plan policies. 

In particular;

The construction of the building for residential purposes results in a sporadic unsustainable form of residential development in the open countryside without any overriding justification. National and Local planning policies advise that provision for new dwellings within the countryside is strictly limited to a small range of exception cases, of which this case is not one. 

The residential building has a distinctly domestic appearance which reads as an incongruous feature within its rural setting and contributes to the incremental urbanisation of the countryside. Furthermore, the visual impact of the building and its residential use has been significantly exacerbated by extensive engineering works and associated development within the surrounding land. These include terracing and land regrading to form garden areas, the creation of hardstanding, and the erection of large timber children's play equipment, together with the siting of domestic paraphernalia. 

Collectively, these works materially increase both the visual prominence of the development and its residential character. By reason of its unsympathetic design, scale, and siting, the development fails to respect the rural character of the area and appears as an incongruous and intrusive addition that is harmful to the character, integrity, and appearance of the countryside. 

In addition, the residential use of the site results in traffic generation, with future occupiers reliant upon the private motor vehicle to access every-day services and facilities. 

The development is therefore contrary to Policies 1, 2, 3, 7, 12, 21, 23, and 27 of the Cornwall Local Plan Strategic Policies 2010-2030; Policies C1, AL1, and T1 of the Climate Emergency Development Plan Document; Policies 1, 4, and 9 of the Portreath Neighbourhood Development Plan; and paragraphs 8, 83, 84, 115, 117, 135, and 187 of the National Planning Policy.

It is not considered that the matter can be overcome by the use of planning conditions.

The enforcement notice requires the following steps to be taken:

(1) Cease the residential use of the land outlined in red on the attached plan. 

(2) Demolish and remove from the land outlined in red the residential dwelling shown in the approximate location by a blue 'A' on the attached plan. 

(3) Remove all services connected to the residential dwelling for the purposes of independent human habitation, i.e. electric cabling, water pipes, sewage pipes etc. 

(4) Demolish and remove the timber children's play equipment shown in the approximate location by a blue 'B' on the attached plan 

(5) Remove from the land all structures, materials, paraphernalia, and debris resulting from the residential use of the land. 

(6) Demolish and remove the hardstanding, domestic timber fences, and retaining walls from the land outlined in red on the attached plan. 

(7) Restore the land to its former condition, including reinstating the original ground levels and natural contours of the site before the breach took place. 

(8) Remove from the land all materials and debris resulting from compliance with the above requirements. 

The appellant has appealed against the notice on the following grounds:

Ground (a)	that planning permission should be granted for what is alleged in the notice.	
     
Ground (f)	the steps required to comply with the requirements of the enforcement notice are excessive and lesser steps would overcome the objections.	
 
Ground (g)	That the time given to comply with the notice is too short.	

The appeal will be determined on the basis of written representations.  The procedure to be followed is set out in the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002.

If you wish to make comments, or modify/withdraw your previous representation, you
can do so online: https://appeal-planning-decision.service.gov.uk/commentplanning-
appeal/enter-appeal-reference
 
If you do not have access to the internet, you can send your comments to:

The Planning Inspectorate
c/o QUADIENT
69 Buckingham Avenue
Slough
SL1 4PN

All representations must be received by 6 weeks from the start date.  Any representations submitted after the deadline will not usually be considered and will be returned.  The Planning Inspectorate does not acknowledge representations. All representations must quote the appeal reference.

Please note that any representations you submit to the Planning Inspectorate will be copied to the appellant and this local planning authority and will be considered by the Inspector when determining the appeal.  

If you submit comments and then subsequently wish to withdraw them, you should make this request to the Planning Inspectorate by the date above.

The appeal documents are available for inspection on request.

You can get a copy of one of the Planning Inspectorate’s “Guide to taking part in enforcement appeals” booklets free of charge from GOV.UK at https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-or-enforcement-appeal or from us. 

When made, the decision will be published online at https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/enter-appeal-reference. 

If you require any further information please do not hesitate to contact me.

Yours faithfully

Claire Broughton

Senior Development Officer
Development Management Service
Tel:  01872 322222
Email:  planningappeals@cornwall.gov.uk