Planning appeal decision
ALANS HECTARE, CEMETRY LANE, HADLOW, TN11 0LT
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
- Authority
- Tonbridge and Malling Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Jones M
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.
Plan policies cited: Policy CP6, Policy CP20, Policy CP24, Policy SQ1, Policy CP3, Policy CP14, draft Policy LP38
Judgments cited: Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391
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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