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Planning appeal decision

Allowed9 April 20253329429

Malthouse Farm, Daniels Water, Ashford, Kent , TN26 1JY

Planning appeal 3329429 at Malthouse Farm, Daniels Water, Ashford, Kent , TN26 1JY (Ashford Borough Council) was allowed on 9 April 2025 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990.

Use of the outbuilding as an independent dwelling

Authority
Ashford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
King T
Postcode
TN26 1JY

Main issues, as the Inspector framed them

  • Whether, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990

What decided it

The evidence adduced by the appellant, although incomplete in parts, was sufficiently credible and unambiguous to establish on the balance of probability that the outbuilding had been in continuous residential use for more than four years, and the Council provided no sufficiently compelling information to contradict this.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1982]; Jackson v SSCLG [2015] EWHC 20 (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 2025

  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.