AN application seeking the certificate of lawfulness for the existing use of a caravan for human habitation within an agricultural building near Dobwalls has been granted by Cornwall Council.

Mr and Mrs Allan sought to prove that they had been using the caravan for more than ten years at the site in order to be able to gain the certificate of lawfulness.

They told Cornwall Council: “The site in question measures an area of 1372m2 and features a barn and caravan that have been utilised as a principal residence for a continuous period of 15 yrs The barn originally received prior approval notification from the local planning authority in 2005 and was subsequently constructed in the proceeding year.

“A caravan was placed within the barn on shortly after and occupied by Mr & Mrs Allan who have utilised the development as their principal residence to this day. More recently the retention of a farm shop and cafe incorporating outside minty space and children’s play area was granted by the local authority which provides a valuable asset to the local community and economy.”

As part of the evidence submitted, the neighbours of the couple, Mr and Mrs M B Harris stated: “We purchased Penhale Farm in February 2013 and they have definitely been living at North Penhale all the time we have owned Penhale Farm. We also remember attending their wedding party back in 2009 at North Penhale.”

Dobwalls Parish Council wasn’t in favour, telling Cornwall Council in response to the public consultation: “The Parish Council object to the Lawful Development Certificate for Existing Use, to regularise the use of land and barn for human habitation as a person's sole or principal residence.”

Cornwall Council’s planning department noted as part of the appraisal of the application: “This is a CLEUD (certificate for lawful existing use or development) application and for the avoidance of doubt, I should explain that the planning merits of the use, works or operations referred to in this certificate of lawfulness are not relevant and are not therefore an issue to consider in the context of this application.

“The decision is based on the 'balance of probability' and rests on the evidence submitted, the facts of the case, and on relevant planning law and takes account of the facts presented both in support of the application and against, but is not assessed in relation to its principle, location, design or compliance with current planning policies.”

In granting the certificate of lawfulness, the planning authority concluded: “Evidence has been produced to show that the caravan has been occupied since, with Council Tax paid since 2009/10 well over the 10 years period for immunity. Local Authority correspondence, together with further evidence supplied with this application, supports the claimed C3 use of the caravan.

“It is concluded that the information submitted is sufficiently precise and unambiguous to justify the grant of a certificate, on the balance of probability, for the C3 use of the caravan known as North Penhale.”

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