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Planning appeal decision

Notice varied and upheld22 April 20243328149

St. Marys Nursery, 103 Birchwood Road, Dartford, DA2 7HQ

Planning appeal 3328149 at St. Marys Nursery, 103 Birchwood Road, Dartford, DA2 7HQ (Dartford Borough Council) was allowed in part (a split decision) on 22 April 2024 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: whether the development is inappropriate development in the Green Belt.

Material change of use of the land for the storage and distribution of scaffolding, building materials and other associated materials

Authority
Dartford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Shields T
Postcode
DA2 7HQ

Main issues, as the Inspector framed them

  • whether the development is inappropriate development in the Green Belt
  • the effect on the character and appearance of the area
  • if inappropriate, whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The substantial harm to the Green Belt by reason of inappropriateness, combined with harm to character and appearance, was not clearly outweighed by the economic benefits and relocation difficulties cited by the appellant.

the substantial harm to the Green Belt by reason of inappropriateness and additional harm to character and appearance were not clearly outweighed by the economic benefits and relocation difficulties, so very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy DP22Policy DP2Policy M13
National Planning Policy Framework
Paragraph 155Paragraph 152Paragraph 153

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

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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.