Planning appeal decision
White Post Farm White Post Lane, Sole Street, Cobham, GRAVESEND, DA13 9AX
The material change of use of the land from an equestrian use including the use of one caravan for security purposes and a stable building (in accordance with planning permission reference 20070228) to the unauthorised residential use of the land with the stationing of mobile homes for residential use and associated touring caravans, and the construction of an amenity day room, hardstanding and brick wall enclosures associated with the unauthorised change of use
- Authority
- Gravesham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Preston C
Main issues, as the Inspector framed them
- Whether the development amounts to inappropriate development in the Green Belt
- Whether the occupants of the site are of Gypsy or Traveller status
- If so, the extent of any unmet needs for Gypsy and Traveller sites in the area
- The weight that should be afforded to any personal circumstances, having particular regard to the best interests of the child
- The effect on the Thames Estuary and Marshes SPA
- If the development does amount to inappropriate development in the Green Belt, if the harm by way of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances needed to justify a grant of permission
What decided it
The combined Green Belt and other harm was not clearly outweighed by the need, supply shortfall and uncertain personal circumstances put forward, so very special circumstances were not established.
Substantial weight to Green Belt harm (inappropriateness and moderate loss of openness) plus moderate weight to harm to character/appearance and unsustainable location outweighed the significant weight given to unmet Gypsy/Traveller need, absence of a five-year site supply, policy failure, and personal circumstances, such that very special circumstances did not exist, even for a temporary permission.
Framework references: 11, 110, 143, 153, 155
Plan policies cited: CS19, CS02, CS12
Judgments cited: Lisa Smith court judgment
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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