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Planning appeal decision

Quashed On Legal Grounds11 December 20243324919

1 Whitegate Farm Eastbourne Road, Blindley Heath, LINGFIELD, RH7 6LG

reduction of an earth bund along Eastern Boundary to a height of 1.5m and soft landscaping (Retrospective)

Authority
Tandridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Franks Z

Main issues, as the Inspector framed them

  • Appeals A, B, C (Ground b): whether the alleged material change of use and operational development constitute breaches of planning control
  • Appeal D: whether the development would be inappropriate development in the Green Belt; the effect on openness of the Green Belt; whether harm would be clearly outweighed by other considerations constituting very special circumstances
  • Appeal E: whether the Council's decision to refuse to grant a certificate of lawful use or development for hardstanding was well-founded

What decided it

Appeals A, B, C: the addition of one caravan to a site with lawful mixed residential use does not constitute a material change of use; Appeal D: the benefits to living conditions and environmental improvements clearly outweigh the limited harm to Green Belt openness; Appeal E: the applicant's failure to precisely identify the area of hardstanding and provide compelling evidence of its extent.

Framework references: 143, 155

Plan policies cited: Tandridge District Core Strategy 2008, Tandridge Local Plan 2014

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.