®Planning appeal decision
Reuthe's Nursery (Former Crown Point Nursery), Sevenoaks Road, Ightham,, Sevenoaks, Kent, TN15 0HB
Planning appeal 3249796 at Reuthe's Nursery (Former Crown Point Nursery), Sevenoaks Road, Ightham,, Sevenoaks, Kent, TN15 0HB (Tonbridge and Malling Borough Council) was allowed on 30 July 2021 by Inspector Satheesan R, following a hearing. The main issue, as the Inspector framed it: whether the development amounts to inappropriate development in the Green Belt.
Without planning permission, the construction of a new dwelling
- 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.
What the Inspector cited
- Development plan policies
- Policy CS3
- National Planning Policy Framework
- Paragraph 147Paragraph 149Paragraph 150Paragraph 137Paragraph 80Paragraph 176Paragraph 57
- Judgments
- 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
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.