AN application for a certificate of lawful development by a former member of the Cornwall Council planning committee has been met with concern by political figures.

Dominic Fairman, who was the Cornwall Council member for St Teath and Tintagel between 2017 and 2025, is seeking to legalise the use of two buildings as dwellings on his land at South Penquite Farm, Penquite, Blisland.

The buildings, which were constructed in 2016, have been used as dwellings since 2018 without planning permission – with a lawful development certificate being a method used to get permission for unauthorised buildings or uses if an applicant can prove there has either been no enforcement by the planning authority in four years or it has been erected for 10 years or more.

Mr Fairman was a member of the east area planning committee, which decides on applications which are called in by officers or other councillors between May 2021 and May 2025.

In the application, submitted on behalf of Mr and Mrs Fairman in June 2025, the planning agents for the applicant, Moor Planning confirmed that the unauthorised buildings had been used as dwellings for the entirety of Mr Fairman’s tenure on the planning committee.

While a lawful development certificate is an entirely legitimate way to gain consent for buildings which were constructed without planning permission if there has been no enforcement, it is sometimes described as a ‘planning loophole’ for buildings which may not otherwise be authorised if permission was sought prior to their erection.

Mr Fairman’s property is located in a rural area of Bodmin Moor, some distance from the nearest settlements with amenities, like St Breward (2.5 miles away) and Blisland (1.5 miles).

Other applications for similarly rural areas, are usually refused by Cornwall Council on the grounds of the addition of a built form in the rural countryside with poor accessibility to ‘necessary daily services and facilities’ which would increase the usage of the private vehicle, creating ‘unsustainable traffic movements’.

The acknowledgement of the use of buildings as dwellings without planning permission during the time where Mr Fairman was a member of the east area planning committee has been met with significant concern by opposition political figures.

Reform UK chair of the North Cornwall branch, Aaron Lynch, said he had serious concern regarding the actions of Mr Fairman and called on the Liberal Democrats to ‘address the matter promptly’.

He said: "As chair of Reform UK North Cornwall Branch, I express serious concern regarding the actions of former councillor Dominic Fairman (St Teath and Tintagel), which have undermined public confidence in local government.

“While [Mr] Fairman’s actions may not contravene the law, they raise significant questions about adherence to expected standards of conduct. Such actions risk eroding the trust that residents place in their elected representatives.

“Essentially, [Mr] Fairman (St Teath and Tintagel) undertook development that required planning permission but did not apply for it, potentially relying on the absence of objections or enforcement notices to secure a certificate of lawfulness for the use of two buildings as dwellings at South Penquite Farm after four years. As a member of the planning committee, his failure to follow due process in this instance raises concerns about fairness and transparency.

“[Mr] Fairman’s conduct falls short of the standards expected by residents, who rightly demand integrity and impartiality from their representatives. This incident suggests a disparity in how rules are applied, which is unacceptable to our community.

“This matter highlights a broader issue of accountability and ethical conduct within local governance. Public trust is a precious asset, and actions that appear to sidestep established processes can damage it significantly. Reform UK North Cornwall Branch urges [Mr]Fairman’s Liberal Democrat party to address this matter promptly and transparently. Failure to do so risks further undermining the confidence of the electorate.

“It is time for meaningful reform. We need a renewed commitment to serving the public, built on transparency, integrity, and fairness. This includes stricter ethical guidelines for all councillors, robust mechanisms to ensure accountability, a commitment to equal treatment for all residents, regardless of their position or influence.

“Our communities deserve representatives who uphold the highest standards of public service and adhere to the same rules as everyone else. Reform UK is dedicated to advocating for this new approach and ensuring that public trust is restored and maintained."

A former Conservative councillor for Camelford and Boscastle who served on the same planning committee as Mr Fairman said that had this application been submitted during his tenure as a councillor, it could have been subject to a code of conduct complaint.

Barry Jordan said Mr Fairman ‘was against all building in the open countryside’ during their tenure on the planning committee together.

He said: “Dominic Fairman as a councillor was, like me, against all building in the open countryside, and did not support retrospective applications because they were just a way of getting permissions without going through the proper channels. There were previous applications on this and other sites by Mr Fairman that were refused simply because they were in the open countryside. This is in no way an infill site and is pure hypocrisy by past councillor Fairman. If this was an application that had come before the East Planning Committee when we served on the committee he would have been very much against it.

“If, as the photos state, this was started in 2016, and bearing in mind Mr Fairman was a councillor from 2017 to 2025, he had plenty of time to regularise the planning, but he chose to ignore the rules and wait until had stood down. This application for retrospective planning should be refused and he should be forced to remove the building and apply in the proper manner as he would expect everyone else to do.

“Had he still been a councillor he could have faced a code of conduct complaint.”

The Liberal Democrat MP for North Cornwall, Ben Maguire, dismissed the concerns, claiming there was nothing untoward about Mr Fairman's actions, instead choosing to launch a scathing attack on this newspaper.

He said: “This story lacks professionalism or any credible accusations. Having worked with Tindle newspapers regularly I have not seen them fail to uphold journalistic integrity like this before. A serious newspaper would not consider this to be a story. A former councillor applies for a certificate of lawfulness over dwellings on his land. This is a well established process in planning law which has been used by thousands of applicants.

“I fail to see how Mr Fairman’s former role on a planning committee has any connection to this application which will be decided not by a committee but by a politically neutral planning officer based on its merits. As a Councillor Mr Fairman had an extraordinary record of success supporting affordable housing schemes across his division.

“Cornwall has a housing emergency with more than 20,000 local people on the housing register. We need more homes for local people in North Cornwall to live in and we need fewer houses that are used as holiday lets or second homes.”

Mr Fairman declined to comment.

Cornwall Council did not respond to a request for comment.