Cornwall Council planning department has refused the application by the owners of Roseland Parc for a certificate of lawful development for the proposed changes from a nursing home to apartments. The Council’s decision notice is succinct, with one reason given for the refusal:

“The onus of proof lies with the applicant to demonstrate that the proposal would not amount to a change of use (and remain within C2 use). The Local Planning Authority is of the view that on balance of probabilities a material change of use would occur and as such planning permission is required.”

As the decision notice makes clear, this means that if the owners of Roseland Parc wish to proceed with their plans, they will need to submit a full planning application that will be subject to the usual processes of public consultation etc. It does not mean that they are compelled to continue to operate a nursing home but it does mean that they cannot do anything else with the building unless and until they obtain planning permission for the alternative use.

Alternatively, it may be that the owners can appeal the refusal notice to the Planning Inspectorate. We will have to wait to see what they do.