Shipping containers in Falmouth car park appeal ended

Residents of Trelawny House overlooking the Tinner’s Way car park used Google Earth and street view to prove that the two green containers at the back of the site had only been there since late 2014, rather than the 2007 the owners claimed.

Cornwall Council had refused to grant a Certificate of Lawfulness in respect of two 20ft storage containers placed in the car park at Port Pendennis because they hadn't been there for more than ten years.

However the owner of the two containers Michael Webb appealed against the decision and it went before planning inspector Jessica Graham.

She found in Cornwall Council’s favour saying that documents provided by Mr Webb were not sufficiently precise and were to unambiguous to demonstrate that the second container was bought and placed on the Appeal site in June 2007, by which time, Mr Webb said, the first container was already there.

The storage containers at the back of the car park (Image: Google Street View)

Mr Webb had disputed the decision because he said no enforcement action may be taken against the containers, since by the date of the application they had been in place for longer than the ten year time limit for enforcement action. The council disputed this, and contended that the containers had been present for less than ten years.

It also contended that the containers were in breach of a condition attached to a Planning Permission granted in 2020, and the ten year period for taking enforcement action against that breach had not yet expired.

Trelawny House, the former site of the Admiral Nelson Pub seen here in June 2009 prior to demolition in 2011 (Image: Google Streetview)

The residents of Trelawny House, the former site of the Admiral Nelson Pub, as well as Cornwall Council, sent multiple Google Maps and satellite imaged to the inspector proving the containers had not been in situ in early 2014.

“Rather, the photographs provided by the council indicate that the containers were placed on the appeal site at some point between June 2014 and August 2015, so a minimum of at least two years after the relevant date for present purposes,” said Inspector Graham.

“The appellant has not, therefore, discharged the evidential burden of demonstrating that on the balance of probabilities, the material change of use had taken place by 6 April 2012.”

She said on that basis the appeal should fail.