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Planning appeal decision

Notice varied and upheld1 August 20243310550

Land North of Oakenwood Cottage, Red Hill, Wateringbury, Maidstone, Kent, ME18 5LB

Planning appeal 3310550 at Land North of Oakenwood Cottage, Red Hill, Wateringbury, Maidstone, Kent, ME18 5LB (Tonbridge and Malling Borough Council) was allowed in part (a split decision) on 1 August 2024 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach constitutes a breach of planning control (ground c).

without the benefit of planning permission, the unauthorised erection of two stable buildings and the formation of two hard surfaces

Authority
Tonbridge and Malling Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Douglas L
Postcode
ME18 5LB

Main issues, as the Inspector framed them

  • Whether the alleged breach constitutes a breach of planning control (ground c)
  • Whether at the date the notice was issued no enforcement action could be taken in respect of the breach (ground d)
  • Whether the steps required exceed what is necessary to remedy the breach (ground f)
  • Whether the period for compliance is reasonable (ground g)

What decided it

The stable buildings and hard surfaces were erected in breach of planning control and could not benefit from any planning permission, including permitted development rights, as they failed to comply with the 400-metre distance limitation from neighbouring dwellings.

The decision letter

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More decisions in Tonbridge and Malling

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

  1. Notice varied and upheld10 April 20263341380
    4 Ruby Walk, Kings Hill, West Malling, Kent, ME19 4JT
  2. Allowed27 June 20253362362
    Dairy Farm Common Road, Hadlow, Tonbridge, TN11 0JE
  3. Split Decision24 June 20253349987
    Kooland, Rochester Road, Burham, Aylesford, Kent, ME1 3SN
  4. Notice varied and upheld12 June 20253306028
    155 Pizien Well Road, Wateringbury, Maidstone, Kent, ME18 5HX
  5. Notice varied and upheld12 June 20253304085
    157 Pizien Well Road, Wateringbury, Maidstone, Kent, ME18 5HX

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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