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Planning appeal decision

Allowed9 May 20223267037

Oak Tree Stables, Vigo Road, Fairseat, Kent, TN15 7LR

Change of use of land from equestrian use to use for the stationing of 2 x mobile homes for residential use with associated 2 x touring caravans, and cess pit

Authority
Tonbridge and Malling Borough Council
Appeal type
minor · Planning Appeal
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Board D

Main issues, as the Inspector framed them

  • the effect of the scheme on the openness and purpose of the Green Belt
  • the effect of the scheme on the character and appearance of the area
  • if the development is inappropriate, 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 necessary to justify the development

What decided it

The cumulative weight of the unmet need for gypsy and traveller sites, the personal circumstances of the family, and the best interests of the children clearly outweighed the Green Belt harm, amounting to very special circumstances.

The harm to the Green Belt by reason of inappropriateness and loss of openness, together with limited weight against the intentional unauthorised development, was clearly outweighed by the unmet need for gypsy and traveller sites, the significant weight given to personal circumstances, and the substantial weight given to the best interests of the children, amounting to very special circumstances justifying a permanent personal permission.

Framework references: 147, 148

Plan policies cited: CP3, CP14, CP20, CP24, SQ1, SQ18

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.