®Planning appeal decision
Reuthe's Nursery (former Crown Point Nursery), Sevenoaks Road, Ightham,, Sevenoaks, Kent, TN15 0HB
Without planning permission, the construction of a new dwelling
- Authority
- Tonbridge and Malling Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Satheesan R
Main issues, as the Inspector framed them
- whether the development amounts to inappropriate development in the Green Belt
- the effect of the development on the openness of the Green Belt
- if the development is inappropriate, whether harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances needed to justify the development
What decided it
The clear fallback position of the extant 2014 planning permission meant the as-built dwelling caused no additional Green Belt harm, so the essential need for the dwelling clearly outweighed the harm and amounted to very special circumstances.
The essential need for a rural worker's dwelling (substantial weight) and the fallback position (meaning no additional harm arose from the as-built scheme) clearly outweighed the moderate harm to Green Belt openness and the harm inherent in inappropriate development, amounting to very special circumstances that tipped the balance in favour of allowing the appeal.
Framework references: 147, 149, 150, 137, 80, 176, 57
Plan policies cited: Policy CS3
Judgments cited: R. (on the application of Embleton Parish Council) v Northumberland CC; Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.