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Planning appeal decision

Quashed On Legal Grounds16 December 20223280083

7 Oakwood Farm, Fairseat, Sevenoaks, TN15 7LT

Planning appeal 3280083 at 7 Oakwood Farm, Fairseat, Sevenoaks, TN15 7LT (Tonbridge and Malling Borough Council) was decided (quashed on legal grounds) on 16 December 2022 by Inspector Steen A, 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 National Planning Policy Framework and any relevant development plan policies.

change of use from paddock to residential garden. Summary

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Steen A
Postcode
TN15 7LT

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect of the change of use on the intrinsic character and beauty of the landscape
  • Whether there are other considerations weighing in favour of the proposal
  • Would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The residential use constitutes inappropriate development in the Green Belt that does not preserve openness and conflicts with Green Belt purposes, and no other considerations clearly outweigh this harm to justify very special circumstances.

What the Inspector cited

Development plan policies
Policy CP3Policy SQ1Policy CP14Policy CP24Policy SP3

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 2022

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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.