Rosador, London Road, Wrotham, SEVENOAKS, Kent, TN15 7RR

Main issues, as the Inspector framed them

• Whether the matters stated in the notice as constituting the alleged breach of planning control have occurred as a matter of fact and more specifically whether the use of the Land changed to the alleged mixed use (ground (b))
• Whether the material change of use to a mixed use took place before 16 October 2010 and continued substantially uninterrupted for a period of 10 years thereafter (ground (d))
• Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances to justify the development (ground (a))
• Whether the requirements are excessive, having regard to the purpose of the enforcement notice to remedy the breach of planning control (ground (f))
• Whether the compliance period of 6 months is reasonable and proportionate (ground (g))
• Whether the Council's decision to refuse to issue an LDC is well-founded (Appeal 2)

What decided it

The substantial and significant harm to Green Belt openness and to character and appearance was not clearly outweighed by the limited benefits, so very special circumstances did not exist.

the substantial harm to the Green Belt and significant harm to character and appearance were not clearly outweighed by the limited weight given to employment land supply, moderate weight to the appellant's business need, and little weight to the Oakdene comparator and the permitted development fallback, so the balance fell against the development