Planning Appeal Win in Truro – Overturning a Refusal and Enforcement Notice

Situ8 has successfully secured a positive appeal outcome on behalf of a client a in Truro.

The appeal was made under Section 78 of the Town and Country Planning Act 1990 against Cornwall Council’s refusal to grant planning permission for a variation of condition on a previously approved scheme for the demolition of an existing bungalow and construction of two residential dwellings. The proposals centred on Condition 2, which related to the approved plans for a first-floor window arrangement in one of the houses, which the developer had built not in accordance with the approved plans and had sold the site to the appellants without disclosing the potential breach.

Following an enforcement investigation, Situ8 sought to retain the window with mitigation including obscure glazing, fixed panes, and a restricted opening, to ensure no loss of privacy. This was refused by the LPA and an enforcement notice was issued, which was appealed alongside the planning appeal.

Following a detailed assessment, the Planning Inspector concluded that the revised window design would not result in harmful overlooking or loss of privacy to neighbouring properties. The Inspector therefore allowed the appeal, granting planning permission subject to updated conditions, and subsequently the LPA withdrew the enforcement notice.

The decision highlights Situ8’s expertise in navigating complex planning and appeal processes, securing fair and evidence-based outcomes for our clients across Cornwall and the wider South West.