®Planning appeal decision
Land Opposite The Paddocks, Birling Road, Leybourne, West Malling, Kent, ME19 5HZ
Without planning permission the: - Unauthorised change in use from agricultural land to land used as a residential caravan site - The stationing of mobile washroom and toilet facilities - Construction of a septic tank - Construction of hard surfaces - Erection of fences and gates - Construction of shed buildings used as dog kennels
- Authority
- Tonbridge and Malling Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Dignan P
Main issues, as the Inspector framed them
- the impact on the openness of the Green Belt and the purposes of including land within the Green Belt
- whether the development is likely to harm the character and appearance of the area
- whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations. If so, would this amount to the very special circumstances required to justify the development, on either a permanent or temporary basis
What decided it
The prospect that a time-limited (rather than permanent) grant of planning permission would avoid permanent Green Belt harm while allowing the local plan process to identify alternative provision, tipping the balance in favour of temporary but not permanent permission.
the substantial harm to Green Belt openness and purposes was not clearly outweighed by the traveller need, lack of alternative sites and personal/Article 8 considerations on a permanent basis, but the lesser harm of a temporary 5-year permission was clearly outweighed by those same considerations
Plan policies cited: CS Policy CP3, CS Policy CP14, CS Policy CP20, CS Policy CP24, MDE Policy SQ1, withdrawn local plan Policy LP38
Judgments cited: Smith v SSLUHC and Anor [2022] EWCA Civ 1391
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.