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Allowed15 October 20243326971

Spill Land Farm Caravan Park, Biddenden, Ashford, TN27 8BX

Planning appeal 3326971 at Spill Land Farm Caravan Park, Biddenden, Ashford, TN27 8BX (Ashford Borough Council) was allowed on 15 October 2024 by Inspector Douglas L, following a hearing. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant an LDC was well-founded, with particular regard to whether the proposal would constitute a breach of condition or a material change of use.

the siting of up to 130 static caravans in accordance with planning permission reference 18/00945/AS

Authority
Ashford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Douglas L
Postcode
TN27 8BX

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant an LDC was well-founded, with particular regard to whether the proposal would constitute a breach of condition or a material change of use.

What decided it

The 2018 planning permission contained no condition restricting the number or type of caravans, so siting up to 130 static caravans would not constitute a material change of use.

What the Inspector cited

Judgments
I’m Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; R (Altunkaynak) v Northamptonshire Magistrates’ Court [2012] EWHC 174 (Admin); Cotswold Grange Country Park LLP v SSCLG & Tewkesbury BC [2014] EWHC 1138 (Admin)

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 applied

The decision letter

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More decisions in Ashford Borough Council

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

  1. Dismissed29 October 20266007592
    Homestall Farm, Ashford Road, High Halden, TN26 3BS
  2. Dismissed26 October 20266009946
    Daniel Farm, Smarden Bell Road, Pluckley, TN27 0SY
  3. Dismissed8 October 20266012673
    Land 150metres East by Southeast of Barkleys Farm, Burnthouse Lane, Smarden, TN27 8QQ
  4. Dismissed30 September 20266011717
    4-6 Ashford Road, Tenterden, TN30 6QU
  5. Dismissed30 September 20266011714
    4-6 Ashford Road, Tenterden, TN30 6QU

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.