EACH week, hundreds of planning applications come before Cornwall Council’s planning department, seeking to win approval for various plans right across the Duchy.

These plans can comprise of a number of different reasonings– ranging from permission to replace windows or listed building consent ranging up to large house building developments or changing of use of a building, for instance, from an office to a café, or flats.

Within this large and often complex system, there are a number of formats from which planning advice and approval can be sought.

These range from full applications where all the details which comprise a proposed development or work to a building are submitted, to outline applications, where further details are yet to be confirmed, for example, an outline application with reserved matters for appearance may not confirm the final proposed development but rather seek permission in principle.

An example of this is one for an outline permission for 20 dwellings on land with reserved matters for appearance and scale; the reserved matters would require further permission later for their inclusion.

Other types of applications include pre-application advice requests, where would-be developers submit often outline proposals to a local authority to ascertain whether it is likely to gain support or not prior to submitting a planning application.

The vast majority of applications are decided by planning officers employed by a local authority under ‘delegated powers’, meaning they do so on behalf of their employer, however, some applications are ‘called in’ by local councillors to be discussed at an area’s strategic planning committee meeting, meaning the final decision rests with a committee of councillors.

A FORMER Cornwall Councillor has applied for a certificate of lawfulness for the continued use of two converted buildings as dwellings at his farm on Bodmin Moor.

Dominic Fairman, who was from May 2017 until May 2025 the Cornwall Council member for the St Teath and Tintagel division (known as St Teath and St Breward until 2021) of the authority, has applied for the certificate alongside his wife, concerning their property at South Penquite Farm, Blisland.

In the application, validated by Cornwall Council in June 2025, Mr and Mrs Fairman have told Cornwall Council that they have been using the buildings for a purpose other than that which it has permission for more than four years without any enforcement action being taken and thus are seeking to ‘regularise’ the use in law, which would effectively grant permission in perpetuity.

In this instance, they are seeking the certificate of lawful development for an existing use, namely the use of the converted buildings as dwellings.

In statutory statements as part of the application, which are declarations made in law stating the use of the properties use over the years, Mitchell and Amy Fairman of The Annex at the property stated: “The building in question was constructed in 2007 and until 2015 was used as a field study centre with self-contained kitchen and shower/toilet. In 2015 it was used as self-catering holiday accommodation and from August 2018 has been continuously used by us as a residential dwelling.

“We have known of the Annex at South Penquite Farm since August 2018 in our role as tenants. Throughout this time the Annex has been sited in a building shown in red on the location plans and has been used as a residential dwelling. The Annex shares parking and garden area with the Farmhouse. I can confirm that all of the above information/statements were freely given.

“I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1835.”

In another declaration, Alice Fairman made the following declaration concerning a building known as ‘The Lodge’ at the property.

She stated: “The land in question has been continuously used as the location of an interlocking cabin which erected in 2016 and converted for residential use in July 2018 and then rented out from August 2018 until the present day. From August 2018 to August 2024 by Faye Shepherd of (address redacted).

“From August 2024 to present day by myself I have known of the cabin land and buildings at South Penquite Farm since August 2024 in my role as tenant. From August 2018 the cabin shown in red on the location plans and has been used as a residential dwelling. The cabin has its own parking area and garden.

“I can confirm that all of the above information/statements were freely given. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1835.”

Other declarations were made by Faye Shepherd and Catherine Fairman stipulating the same detail with regards to The Lodge.

In an accompanying planning statement, the planning agent for the applicant, Moor Planning argued that because the current use of the buildings had occurred for more than four years without any enforcement action, they were now immune from enforcement and thus a certificate of lawfulness should be granted.

They said: “In respect to an application for a LDC (lawful development certificate), the onus of providing the relevant facts rests with the applicant, and the standard of evidence is the balance of probabilities. If there is no evidence to contradict or otherwise make the applicant’s version of events less than probable, the applicant’s evidence alone may be sufficient to justify the grant of a certificate, provided that it is sufficiently precise and unambiguous

“The information provided within this application has provided clear and unambiguous evidence that a material change of use of the two subject buildings (Buildings A and B, as outlined red on the accompanying plan) to single C3 dwellinghouses occurred prior to April 25, 2024.

“It also demonstrates that such C3 dwellinghouse use occurred for a continuous period exceeding four years and with no other intervening material change of use. For these reasons, it is submitted that the use of the buildings as two separates residential dwellinghouses, C3 use, is lawful by virtue of s.171B(2) TCPA 1990 and 191(2) TCPA 1990 (a s amended) and that a Certificate should be issued in line with the provisions of s.191(5) TCPA 1990.”

The application can be viewed using reference PA25/04647.

PRIOR approval is not required for a proposed new agricultural building on a farm in Liskeard.

The application concerns Tremabe Farm, Liskeard and the applicant sought the council’s views on whether the proposed erection of the agricultural building required prior approval or whether it could be constructed under the permitted development exemption.

Responding to the application, the council told the applicant: “Prior approval from this Authority is not required for this development under Part 6, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015.”

The applicant has five years to complete the building, and must notify the council in writing within seven days of it being substantially completed.

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