®Planning appeal decision
Oak Tree Stables, Vigo Road, Fairseat, Kent, TN15 7LR
Planning appeal 3267037 at Oak Tree Stables, Vigo Road, Fairseat, Kent, TN15 7LR (Tonbridge and Malling Borough Council) was allowed on 9 May 2022 by Inspector Board D, following an inquiry. The main issue, as the Inspector framed it: the effect of the scheme on the openness and purpose of the Green Belt.
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
- Appeal type
- minor · Planning Appeal
- Procedure
- Inquiry
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Board D
- Postcode
- TN15 7LR
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.
What the Inspector cited
- Development plan policies
- CP3CP14CP20CP24SQ1SQ18
- National Planning Policy Framework
- Paragraph 147Paragraph 148
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.