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Planning appeal decision

Allowed7 November 20223262652

95 HIGH ROAD, WILMINGTON, KENT, DA2 7BW

the change of use of land to a gypsy and traveller site to accommodate 4 x 2-bed static homes, new access and parking

Authority
Dartford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Wyborn D

Main issues, as the Inspector framed them

  • the extent to which the development would affect the openness of the Green Belt and whether or not the development would conflict with the purposes of including land within the Green Belt
  • the effect of the proposal on the character and appearance of the area
  • whether or not the harm to the Green Belt by reason of inappropriateness, and any other harm arising from the development, would be clearly outweighed by other considerations such that very special circumstances exist to justify the proposal

What decided it

On a temporary and personal basis, the combination of substantial unmet need, long-standing policy failure, lack of alternative sites and the best interests of the children was sufficient to clearly outweigh the Green Belt and other harm, establishing very special circumstances.

The substantial Green Belt harm (inappropriateness, openness and purposes) and moderate character/appearance harm were not clearly outweighed by other considerations on a permanent basis, but on a temporary and personal basis the substantial weight attached to unmet need, policy failure, lack of alternative sites and the best interests of the children clearly outweighed that harm, tipping the balance in favour of a temporary and personal permission.

Plan policies cited: Policy CS13, Policy CS20, Policy DP10, Policy DP22

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.