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Planning appeal decision

Notice upheld6 February 20243302818

Part of Land at Widhurst Farm , Shoreham Lane, Halstead, Kent, TN14 7BY

Planning appeal 3302818 at Part of Land at Widhurst Farm , Shoreham Lane, Halstead, Kent, TN14 7BY (Sevenoaks District Council) was dismissed on 6 February 2024 by Inspector Orr H, following an inquiry. The main issue, as the Inspector framed it: Ground (e): whether copies of the notice were not served as required by section 172 and, if so, whether someone has been substantially prejudiced as a result.

the change of use of land to mixed use consisting of a builders yard premises for the processing of builders materials, storage and sales, residential use of mobile homes and caravans, parking, storage, repair, sale of motor vehicles, plant and other equipment

Authority
Sevenoaks District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Orr H
Postcode
TN14 7BY

Main issues, as the Inspector framed them

  • Ground (e): whether copies of the notice were not served as required by section 172 and, if so, whether someone has been substantially prejudiced as a result
  • Ground (d): whether the appellant has shown, on the balance of probabilities, that the alleged mixed use had subsisted for a continuous period of ten years prior to the date of the first notice so as to be immune from enforcement action

What decided it

The appellant failed to demonstrate, on the balance of probabilities, that the specific mixed use alleged in the notice had continued without material interruption for the full ten-year immunity period.

What the Inspector cited

Judgments
Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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 Sevenoaks

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

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  3. Planning permission granted8 September 20263377906
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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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