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Dismissed31 January 20223275938

Land Adjacent to Eynsford Station, Upper Austin Lodge Road, Eynsford, Kent, DA4 0HP

Planning appeal 3275938 at Land Adjacent to Eynsford Station, Upper Austin Lodge Road, Eynsford, Kent, DA4 0HP (Sevenoaks District Council) was dismissed on 31 January 2022 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies and the effect of the proposal on the openness of the Green Belt.

change of use from former railway goods yard to residential including the removal of unauthorised storage containers and the erection of a 3-bedroom chalet bungalow

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Davies N
Postcode
DA4 0HP

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies and the effect of the proposal on the openness of the Green Belt
  • The effect on the living conditions of future occupiers
  • Whether harm by reasons of inappropriateness, and any other harm, is clearly outweighed by other considerations and whether those amount to the very special circumstances required to justify the proposal

What decided it

The proposal would constitute inappropriate development in the Green Belt with substantial harm to openness that was not clearly outweighed by other considerations, and there were no very special circumstances to justify it.

The benefits of design quality, acceptable impact on neighbours, adequate parking and access, and lack of ecology concerns did not clearly outweigh the substantial harm to the Green Belt and the unresolved concerns about living conditions from railway noise and vibration.

What the Inspector cited

Development plan policies
Policy LO1 of the Sevenoaks Core StrategyPolicy EN2 of the Sevenoaks Allocations and Development Management Plan
National Planning Policy Framework
Paragraph 11Paragraph 149
Judgments
Dartford Borough Council v SoS for Communities and Local Government & Ors 2017 [EWCA Civ 141]

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 applied

The decision letter

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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.