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Planning appeal decision

Notice upheld21 May 20243295652

PLOT16 Keston Fruit Farm Blackness Lane , Keston, Kent, BR2 6HR

Planning appeal 3295652 at PLOT16 Keston Fruit Farm Blackness Lane , Keston, Kent, BR2 6HR (London Borough of Bromley) was dismissed on 21 May 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the erection of a gate constitutes development and, if so, whether it is a breach of planning control given the Article 4 Direction.

without planning permission the installation of a wooden gate to the entrance of the field, within the Green Belt, in the approximate position marked with a blue ‘X’ on the attached plan

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Howell M
Postcode
BR2 6HR

Main issues, as the Inspector framed them

  • Appeal A: whether the erection of a gate constitutes development and, if so, whether it is a breach of planning control given the Article 4 Direction
  • Appeal B: whether a material change of use to storage of vehicles, equipment and paraphernalia has occurred, or whether such storage is incidental to an existing agricultural use

What decided it

The Article 4 Direction in place since January 2014 removes permitted development rights for the erection of the gate, requiring planning permission which was not obtained; and the appellant's failure to provide sufficient evidence of the scale and nature of any agricultural use to justify the storage as ancillary to it.

The decision letter

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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.

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