Planning appeal decision
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision


More decisions in Tonbridge and Malling
The authority’s record since 2016 · every decision in 2023
- Dismissed8 July 20266007841Land Adjoining Hazeldene, Pilgrims Way, Trottiscliffe, West Malling, ME19 5EW
- Dismissed18 June 20266004481Elpatos, Pilgrims Way, West Malling, ME19 5EP
- Dismissed24 March 20263374700Trench Farmhouse, Coldharbour Lane, Hildenborough, Tonbridge, TN11 9LE
- Dismissed3 March 20266002415The Lodge, 2 Yaldham Manor Drive, Sevenoaks, Kent, TN15 6FA
- Dismissed22 September 202533690315 Legge Lane, Birling, West Malling, Kent, ME19 5JH
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.
®