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Quashed On Legal Grounds8 June 20213241598

Land at Caradon, Mill Lane, Pluckley, Ashford, Kent, TN27 0SL

Planning appeal 3241598 at Land at Caradon, Mill Lane, Pluckley, Ashford, Kent, TN27 0SL (Ashford Borough Council) was decided (quashed on legal grounds) on 8 June 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the log cabin is a caravan or a building.

without planning permission, the erection of a building (shown marked in the approximate position on the attached plan) (‘the Building’) used as an independent dwellinghouse

Authority
Ashford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Thomas N
Postcode
TN27 0SL

Main issues, as the Inspector framed them

  • Whether the log cabin is a caravan or a building
  • Whether the use of the log cabin as an independent dwellinghouse has occurred

What decided it

The use of the log cabin was ancillary to the main dwelling, not as an independent dwellinghouse, and the building had planning permission for that ancillary use, so no breach of planning control existed.

What the Inspector cited

Judgments
Wyre Forest BC v SSE & Allen's Caravans [1990] 2 WLR 517; Byrne v SSE and Arun District Council [1997] 74 P&CR 420; Brightlingsea Haven LTD v Morris [2008] EWHC 1928 (QB); Barvis v SSE [1971] 22 P&CR 710

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Ashford Borough Council

The authority’s record since 2016 · every decision in 2021

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  3. Quashed On Legal Grounds10 November 20253308959
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  4. Notice upheld4 June 20253352530
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  5. Notice varied and upheld21 May 20253358367
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.