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Allowed20 September 20233316969

Alans Hectare, Cemetry Lane, Hadlow, TN11 0LT

Planning appeal 3316969 at Alans Hectare, Cemetry Lane, Hadlow, TN11 0LT (Tonbridge and Malling Borough Council) was allowed on 20 September 2023 by Inspector Jones M, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the openness of the Green Belt.

the change of use of land to a private gypsy and traveller caravan site consisting of 2 no. pitches without complying with a condition attached to planning permission TM/14/02816/FL dated 24 June 2016 (allowed under

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Jones M
Postcode
TN11 0LT

Main issues, as the Inspector framed them

  • the effect of the development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the area
  • the question of the need for gypsy/traveller sites
  • the personal circumstances of the site occupiers
  • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development in the Green Belt

What decided it

The combination of substantial unmet need for gypsy and traveller sites, the total absence of a five-year supply of deliverable sites, and the lack of a credible plan-led solution amounted to very special circumstances clearly outweighing the Green Belt harm, even before the child's personal circumstances were taken into account.

The substantial weight attached to the Green Belt harm from inappropriate development and limited loss of openness was clearly outweighed by the combined substantial and significant weight given to unmet gypsy and traveller need, absence of a five-year supply of sites, policy failure, unavailability of alternative sites, moderate weight to the site's integration with the settlement, and substantial weight to the personal circumstances of the child, amounting to very special circumstances justifying a permanent permission.

What the Inspector cited

Development plan policies
Policy CP6Policy CP20Policy CP24Policy SQ1Policy CP3Policy CP14draft Policy LP38
Judgments
Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.

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The decision letter

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More decisions in Tonbridge and Malling

The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.