®Planning appeal decision
Land Between Lowlands And Council Cottages , High Street, Seal, Kent, TN15 0AE
Planning appeal 3335659 at Land Between Lowlands And Council Cottages , High Street, Seal, Kent, TN15 0AE (Sevenoaks District Council) was dismissed on 13 June 2024 by Inspector Naylor R, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies and its effect on the openness of the Green Belt.
the erection of dwellings with a minimum of 1 or maximum of 5 net dwellings and associated and ancillary works
- Authority
- Sevenoaks District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Naylor R
- Postcode
- TN15 0AE
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 and its effect on the openness of the Green Belt
- The effect of the proposal on the character and appearance of the surrounding area including the Kent Downs National Landscape
- 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 to justify it
What decided it
The proposal constitutes inappropriate development in the Green Belt causing substantial harm to openness, and paragraph 11(d)(i) of the Framework applies, providing a clear reason for refusal that disapplies the presumption in favour of sustainable development despite the Council's inability to demonstrate a five-year housing land supply.
The significant weight given to housing delivery and modest weight to self-build and economic benefits did not outweigh the substantial weight given to harm to the Green Belt and the precautionary approach to potential harm to the National Landscape, resulting in dismissal.
What the Inspector cited
- Development plan policies
- Policy LO 8 of the Sevenoaks District Council Core StrategyPolicy EN5 of the Sevenoaks District Council Allocations and Development Management Plan
- National Planning Policy Framework
- Paragraph 11Paragraph 143Paragraph 152Paragraph 154Paragraph 182
- Judgments
- Wood v Secretary of State for Communities and Local Government [2014] EWHC 683 (Admin); Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Sevenoaks
The authority’s record since 2016 · every decision in 2024
- Allowed1 October 20266004899Lower Fawke Farm, Bitchet Green Road, Fawke Common, Underriver, TN15 0JX
- Planning permission granted28 September 20263378336Land South East Of Oaklands, St Clere Hill Road, West Kingsdown, Kent, TN15 6AH
- Allowed24 September 20266011192Land Surrounding The Stables, Underriver House Road, Underriver, TN15 0SJ
- Dismissed22 September 20266012481Well Hill Nursery, Fountain Farm, Firmingers Road, Orpington, BR6 7QH
- Allowed22 September 20266012162Oakwood House, School Lane, West Kingsdown, TN15 6AW
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.