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Planning appeal decision

Split Decision23 September 20243291790

THE CARAVAN SITE, LAND ADJACENT TO MAIDSTONE ROAD, HADLOW, TN11 0JD

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

Authority
Tonbridge and Malling Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Fagan N

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.

Framework references: 153, 180

Plan policies cited: Policy CP1.5, Policy CP3, Policy CP6, Policy CP14, Policy CP20, Policy CP24

Judgments cited: Lisa Smith judgement

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.