®Planning appeal decision
Land Part O/S Plot 3771, Standen Stables, Standen Street, Benenden, Cranbrook, TN17 4LA
material change of use of land to a mixed use for agriculture, equestrian and to include stationing of caravans for residential occupation with associated operational development (additional hard standing, repositioned manure store) - retrospective. (2 caravans)
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Peerless K
Main issues, as the Inspector framed them
- whether the proposal is accordance with the policies in the Development Plan that aim to direct residential development to sustainable locations
- the effect of the development on the character and appearance of the site and its setting within the High Weald Area of Outstanding Natural Beauty (AONB)
- whether there are any material considerations that outweigh any policy conflict that may arise from the previous issues
- whether the time for compliance is reasonable
What decided it
The absence of harm to the character and appearance of the AONB combined with the lack of any available alternative gypsy and traveller sites outweighed the limited policy conflict with PPTS paragraph 25.
the limited policy conflict with paragraph 25 of the PPTS was outweighed by the appellants' settled family circumstances, the lack of available alternative sites, and the sustainability benefit of living alongside their horses
Framework references: 176
Plan policies cited: Policy H4, Policy CP4
Judgments cited: Lisa Smith v Secretary of State for Levelling Up, Housing & Communities [2022] EWCA Civ 1391
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.