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Split Decision23 September 20243291790

The Caravan Site, Land Adjacent to Maidstone Road, Hadlow, TN11 0JD

Planning appeal 3291790 at The Caravan Site, Land Adjacent to Maidstone Road, Hadlow, TN11 0JD (Tonbridge and Malling Borough Council) was allowed in part (a split decision) on 23 September 2024 by Inspector Fagan N, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the openness of the Green Belt.

change of use of land for the stationing of caravan for residential purposes, together with hardstanding and utility/dayroom ancillary to that use. 2

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Fagan N
Postcode
TN11 0JD

Main issues, as the Inspector framed them

  • The effect of the development on the openness of the Green Belt
  • Its effect on the character and appearance of the area
  • The extent of unmet need for gypsy and traveller sites
  • Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, including the appellant's personal circumstances, so as to amount to the very special circumstances (VSCs) necessary to justify the development in the Green Belt

What decided it

The combination of unmet gypsy and traveller pitch need, the Council's lack of a five-year supply, policy failure, and the appellant's personal circumstances (including the best interests of her children) amounted to very special circumstances outweighing Green Belt harm, but only for the plot occupied by the appellant and her family.

The harm by reason of inappropriateness, loss of openness and modest character/appearance impact was clearly outweighed by the unmet need for pitches, the lack of a five-year supply, policy failure, and the appellant's personal circumstances, amounting to very special circumstances justifying permission for Plot 4 only.

What the Inspector cited

Development plan policies
Policy CP1.5Policy CP3Policy CP6Policy CP14Policy CP20Policy CP24
National Planning Policy Framework
Paragraph 153Paragraph 180
Judgments
Lisa Smith judgement

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 applied

The decision letter

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More decisions in Tonbridge and Malling

The authority’s record since 2016 · every decision in 2024

  1. Dismissed8 July 20266007841
    Land Adjoining Hazeldene, Pilgrims Way, Trottiscliffe, West Malling, ME19 5EW
  2. Dismissed18 June 20266004481
    Elpatos, Pilgrims Way, West Malling, ME19 5EP
  3. Notice varied and upheld10 April 20263341380
    4 Ruby Walk, Kings Hill, West Malling, Kent, ME19 4JT
  4. Dismissed24 March 20263374700
    Trench Farmhouse, Coldharbour Lane, Hildenborough, Tonbridge, TN11 9LE
  5. Dismissed3 March 20266002415
    The Lodge, 2 Yaldham Manor Drive, Sevenoaks, Kent, TN15 6FA

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.