®Planning appeal decision
Land Between Lowlands And Council Cottages , High Street, Seal, Kent, TN15 0AE
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
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.
Framework references: 11, 143, 152, 154, 182
Plan policies cited: Policy LO 8 of the Sevenoaks District Council Core Strategy, Policy EN5 of the Sevenoaks District Council Allocations and Development Management Plan
Judgments cited: Wood v Secretary of State for Communities and Local Government [2014] EWHC 683 (Admin); Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466
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.