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Planning appeal decision

Notice varied and upheld2 February 20263328989

5 Beach Mews, Broadstairs, Thanet, Kent, CT10 1JQ

Planning appeal 3328989 at 5 Beach Mews, Broadstairs, Thanet, Kent, CT10 1JQ (Thanet District Council) was allowed in part (a split decision) on 2 February 2026 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether land can be designated as Local Green Space and used residentially at the same time.

without planning permission the change of use from local green space to private residential terraced garden

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Kean G
Postcode
CT10 1JQ

Main issues, as the Inspector framed them

  • Whether land can be designated as Local Green Space and used residentially at the same time
  • Whether the matters alleged to constitute the breach of planning control have occurred as a matter of fact (ground b)
  • Whether the steps required to comply with the notice are excessive and lesser steps would overcome the objections (ground f)
  • Whether the period for compliance with the notice is too short (ground g)

What decided it

The perimeter fencing is fundamental to the change of use to private residential curtilage and its removal would be excessive; the residential use itself is not required to cease; and the land was sold by the charity as unsuitable for open space purposes before the appellants acquired it.

What the Inspector cited

Development plan policies
Policy SP33 - Local Green SpaceBroadstairs & St Peter's Neighbourhood Development Plan 2023-40
National Planning Policy Framework
Paragraph 106Paragraph 107Paragraph 108

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 Thanet

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld28 May 20263327546
    Little Upton, Vale Road, Broadstairs, Kent, CT10 2JJ
  2. Planning permission granted22 May 20263344673
    The Dolphin Public House, 53-55 Albion Street, Broadstairs, Kent, CT10 1NE
  3. Notice varied and upheld22 May 20263344671
    53 Albion Street, Broadstairs, Kent, CT10 1NE
  4. Notice varied and upheld17 March 20263328985
    43 - 45 High Street, Broadstairs, Kent, CT10 1JR
  5. Notice varied and upheld5 November 20253355668
    Land Adjacent Former Aircraft Tower Manston Road North, Manston, CT12 5AY

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.