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Planning appeal decision

Notice varied and upheld22 April 20243306679

Land north of Old Place Farm, Beechenlea Lane, Swanley, Kent, BR8 7PR

without planning permission, the change of use of the land to storage and the erection of buildings, the siting of containers and laying of associated hardstanding

Authority
Sevenoaks District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
McGlone A

Main issues, as the Inspector framed them

  • Whether the buildings and containers would be inappropriate development in the Green Belt, having regard to the National Planning Policy Framework
  • The effect of them on the openness and purposes of the Green Belt
  • The effect of the buildings and containers on the character and appearance of the area, including whether they would preserve or enhance the setting of the Grade II listed Alice Dene and the Swanley Village Conservation Area
  • The effect of the buildings and containers on ecology
  • If the buildings and containers are inappropriate development whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The buildings and containers were inappropriate development in the Green Belt causing harm to openness, a Green Belt purpose and heritage assets, and the other considerations did not clearly outweigh that harm so as to amount to very special circumstances.

The limited economic benefits, reuse of previously developed land and potential biodiversity gains did not clearly outweigh the substantial harm from inappropriateness in the Green Belt together with the limited harm to openness and the less than substantial harm to the conservation area and listed building setting, so very special circumstances were not made out.

Framework references: 154, 208

Plan policies cited: Policy EN1, Policy EN4, Policy SP1, Policy SP11, Policy SP8

Judgments cited: Burdle v Secretary of State for the Environment and another [1972] 1WLR 1207; [1972] 3 All ER 240

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.