Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld27 February 20243284456

Land and Dwellinghouse Northeast of Puddledock Lane, Adjacent to Wood End Farm, Wilmington, Kent, DA2 7QF

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

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.

Framework references: 154, 155

Plan policies cited: Policy CS 10, Policy CS 13, Policy DP2, Policy DP6, Policy DP22

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.