Land Adj to Oakdene , Tenterden Road, Biddenden, Kent, TN27 8BL

Planning appeal 3349328 at Land Adj to Oakdene , Tenterden Road, Biddenden, Kent, TN27 8BL (Ashford Borough Council) was dismissed on 8 May 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.

Independent residential occupation of land adj to Oakdene and part change of use of the land and buildings for storage use and personal workshop

Authority: Ashford Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Not Applicable
Inspector: King T
Postcode: TN27 8BL

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 fire damage and substantial demolition of the building in 2017 terminated the previous mixed use rights, and the subsequent intensification of open storage use and commencement of caravan residential use represented a material change in the character of the land that was not immune from enforcement action.

What the Inspector cited

Judgments: Gravesham BC v SSE & O'Brien [1982]; Jennings Motors Ltd v SSE [1982] JPL 181; Iddenden v SSE [1972] WLR 1433; Barton Park Estates Ltd v SSCLG and Dartmouth National Park Authority [2022] EWCA Civ 833; R (Alpha Plus Group Ltd) v Kensington and Chelsea RLBC [2007] EWHC 2840 (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.

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The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.