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Notice varied and upheld15 December 20233274119

The Ice House, Penshurst Off Road Cycling Club, Grove Road, Penshurst, Kent, TN11 8DU

Planning appeal 3274119 at The Ice House, Penshurst Off Road Cycling Club, Grove Road, Penshurst, Kent, TN11 8DU (Sevenoaks District Council) was allowed in part (a split decision) on 15 December 2023 by Inspector Ord E, following an inquiry. The main issue, as the Inspector framed it: Whether operational works involving the importation of and deposit of soil, hardcore, and waste materials to raise the levels of the land, including the formation of track and hardstanding together with associated re-grading and contouring of the land, and the siting of two shipping containers, took place (ground b).

Without the benefit of planning permission, the carrying out of operational works involving the importation of and deposit of soil, hardcore, and waste materials to raise the levels of the land, including the formation of a boundary bunding, track and hardstanding together with associated re-grading and contouring of the land, the siting of two shipping containers, the formation of a bridge, the creation of a pond and the erection of boundary fencing

Authority
Sevenoaks District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Other minor developments
Inspector
Ord E
Postcode
TN11 8DU

Main issues, as the Inspector framed them

  • Whether operational works involving the importation of and deposit of soil, hardcore, and waste materials to raise the levels of the land, including the formation of track and hardstanding together with associated re-grading and contouring of the land, and the siting of two shipping containers, took place (ground b)
  • Whether what happened constituted a breach of planning control (ground c)
  • Whether, at the time the Notice was issued, it was too late to take enforcement action against the matters stated in the Notice (ground d)
  • Whether the steps required by the Notice are excessive, and whether lesser steps would overcome the objections (ground f)
  • Whether the time for compliance with the Notice is too short (ground g)

What decided it

The finding that the two shipping containers constituted unauthorised 'building operations' under the Skerritts test, not covered by any extant permission or the GPDO, meant the enforcement notice was upheld (as varied) solely in respect of their removal.

The harm to the AONB and Metropolitan Green Belt caused by the shipping containers should not continue longer than necessary, but this was balanced against the practical unreasonableness of requiring the Appellant to remove them across a neighbour's land during the wet winter months, resulting in a 6-month compliance period being allowed rather than a shorter one.

What the Inspector cited

Judgments
Trump International Gold Club Ltd. v Scottish Ministers [2015] UKSC 74; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] 2 PLR 102

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.