A planning appeal by a Polperro resident has led to a Caradon council enforcement appeal being quashed, and costs being awarded against the council.

The appeal, by Sir Michael Thompson, followed a Caradon decision that improvements on an access track to the property 'Stoneacre' at The Warren, Polperro were against a condition of original planning permission awarded for the property in November l982.

That condition involved provision of access to garages from Brentfields, and the ability of the access to serve other properties in the area.

Inspector John Martin held the appeal this September.

In his resulting written report he not only quashed the enforcement order, and gave planning approval for the improved pathway, but also awarded costs of the case to the appellant.

Councillors John Yaxley, ward member for Lansallos/Polperro, and Hugh Francis (Dobwalls) appeared for Caradon at the hearing. Complications were found to exist over the interpretation of the 1982 conditions, and whether the 'improved' roadway did have permitted rights.

The council's case mentioned the effect of the development on the area of natural beauty, and Polperro conservation area - and included fears that a precedent could be set which would encourage other similar applications from nearby properties.

It was noted that the original application had been recommended for refusal by the parish council - but a 'retention' approach had gained the support of the planning office as acceptable in the circumstances.

The inspector noted written evidence from the council's minutes and records. He was critical of the way officer advice had been put aside, and a proposal for a site meeting had been turned down.

He considered Caradon council had acted unreasonably in refusing the retention application, and awarded the costs of his case to Sir Michael Thompson.