®Planning appeal decision
Land Opposite The Paddocks, Birling Road, Leybourne, West Malling, Kent, ME19 5HZ
Planning appeal 3280661 at Land Opposite The Paddocks, Birling Road, Leybourne, West Malling, Kent, ME19 5HZ (Tonbridge and Malling Borough Council) was allowed on 7 December 2022 by Inspector Dignan P, following a hearing. The main issue, as the Inspector framed it: the impact on the openness of the Green Belt and the purposes of including land within the Green Belt.
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
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Dignan P
- Postcode
- ME19 5HZ
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
What the Inspector cited
- Development plan policies
- CS Policy CP3CS Policy CP14CS Policy CP20CS Policy CP24MDE Policy SQ1withdrawn local plan Policy LP38
- Judgments
- Smith v SSLUHC and Anor [2022] EWCA Civ 1391
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
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.