®Planning appeal decision
Land and Dwellinghouse Northeast of Puddledock Lane, Adjacent to Wood End Farm, Wilmington, Kent, DA2 7QF
Planning appeal 3284456 at Land and Dwellinghouse Northeast of Puddledock Lane, Adjacent to Wood End Farm, Wilmington, Kent, DA2 7QF (Dartford Borough Council) was dismissed on 27 February 2024 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.
without planning permission, the erection of a building and its use as a dwelling house in the location outlined in blue and marked with an X on the plan attached to the notice and the material change of use of the land to a mixed-use for residential and equestrian
- Authority
- Dartford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Fleming D
- Postcode
- DA2 7QF
Main issues, as the Inspector framed them
- Appeal A: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded
- Appeal B: Whether the development is inappropriate development for the purposes of the Framework and development plan policy
- The effect of the development on the openness of the Green Belt
- The effect of the development on the character and appearance of the area
- Whether the location of the development is acceptable, having regard to accessibility
- If the development is inappropriate, whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The appellant failed to prove on the balance of probabilities that the dwelling was substantially complete by 24 August 2017 or that residential use had commenced before 24 August 2011, and the development constitutes inappropriate development in the Green Belt with no very special circumstances to justify it.
What the Inspector cited
- Development plan policies
- Policy CS 10Policy CS 13Policy DP2Policy DP6Policy DP22
- National Planning Policy Framework
- Paragraph 154Paragraph 155
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
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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.