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Planning appeal decision

Dismissed17 April 20243331999

Grove Farm, The Grove, West Kingsdown, SEVENOAKS, Kent, TN15 6JJ

an outline application for the demolition/clearance of existing buildings and structures and the erection of up to three single-storey dwellings with all matters reserved except access

Authority
Sevenoaks District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wright A

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • the effect of the proposal on the openness and purposes of the Green Belt
  • whether any harm 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 proposal

What decided it

The substantial harm to the Green Belt by reason of inappropriateness, loss of openness and impact on its purposes is not clearly outweighed by the modest housing benefit and limited self-build and highway benefits, so very special circumstances do not exist.

The substantial harm to the Green Belt by reason of inappropriateness, loss of openness and impact on its purposes outweighs the modest benefit of three additional homes and limited benefits of self-build provision and a vehicular turning area, resulting in dismissal despite the Council's inability to demonstrate five-year housing land supply.

Framework references: 154, 11

Plan policies cited: Policy LO1, Policy LO8

Judgments cited: R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3; Skerrits of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2002] EWCA Civ 5569; Barvis v SSE [1971] 22 P&CR 710; R v Swansea CC ex parte Elitestone [1993] JPL 1019; R (oao Hall Hunter Partnership) v FSS [2006] EWHC 3482 (Admin); R (Save Woolley Valley Action Group Ltd) v Bath and North East Somerset Council [2012] EWHC 2161 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.