The Bend Riding Lane, Hildenborough, Tonbridge, TN11 9LR

Planning appeal 3281643 at The Bend Riding Lane, Hildenborough, Tonbridge, TN11 9LR (Tonbridge and Malling Borough Council) was decided (quashed on legal grounds) on 20 January 2023 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: Ground (b) is that the matters have not occurred.

Alleged material change of use of Green Belt land for the open storage of vehicles (B8 use), and further unauthorised development of the land

Authority: Tonbridge and Malling Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Fagan N
Postcode: TN11 9LR

Main issues, as the Inspector framed them

Ground (b) is that the matters have not occurred.
Ground (c) is that those matters (if they occurred) do not constitute a breach of planning control.
Ground (d) is that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters.

What decided it

The Inspector found that the parking of the family's vehicles on the Land was reasonable in nature and scale and therefore incidental to the enjoyment of the dwellinghouse, so no material change of use had occurred.

What the Inspector cited

Judgments: Emin v Secretary of State for the Environment [1989] JPL 909; Wallington v Secretary of State for Wales [1991] JPL 943

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.