®Planning appeal decision
Land adjacent Beacon Hill, Rowhill Road, DARTFORD, Kent, DA2 7QG
without planning permission the erection of a detached building in the approximate position shown outlined in red on the attached plan
- Authority
- Dartford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- leisure-sport · Other minor developments
- Inspector
- Higenbottam H
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
- If the proposed development constitutes inappropriate development in the Green Belt, would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal
What decided it
The New Building was inappropriate development in the Green Belt causing harm to openness, and no very special circumstances (including the appellant's speculative agricultural use argument) were found sufficient to outweigh that harm.
the harm by reason of inappropriateness and loss of openness was not clearly outweighed by other considerations, so very special circumstances to justify the development were not established
Framework references: 142, 153, 154, 155
Plan policies cited: Policy M12
Judgments cited: Sage v SSETR & Maidstone BC [2003] UKHL 22; Barry Devine v SSLUHC and Another [2022] EWHC 2031; Bhandal v SSHCLG & Bromsgrove DC EWHC 2724 (Admin) JPL 2021, 5, 611-621
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.