Land East to The Rising Sun, Cotmans Ash Lane, Kemsing, Kent, TN15 6XD

described as ‘use of land and buildings for domestic recreation’

Authority: Sevenoaks District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Hearing
Development: other · Householder developments
Inspector: Brownless E

Main issues, as the Inspector framed them

The main issue is whether the Council's refusal to grant a LDC would have been well founded.

What decided it

The appellant could not demonstrate, on the balance of probabilities, that the claimed private recreational use of the site had continued unbroken for the required ten-year period, because the pre-2014 use was found to be a mixed agricultural and equestrian use rather than private recreation.

Read the decision letter on the Inspectorate’s site

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.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
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