Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed8 May 20253349328

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

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.

See how each was applied

The 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

15 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Ashford Borough Council

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

  1. Allowed26 March 20263361039
    Land North of The Meads, Huntstreet, Crundale, Canterbury, Kent, CT4 7EL
  2. Notice upheld6 March 20263335089
    Mai Barn, Romden Road, Smarden, Ashford, TN27 8QZ
  3. Quashed On Legal Grounds10 November 20253308959
    Part of the Barn/Shed Building at The Paddock, Magpie Hall Road, Stubbs Cross, Ashford, Kent, TN26 1HF
  4. Notice upheld4 June 20253352530
    Elvey Cottage, Westwell, Ashford, TN25 4JP
  5. Notice varied and upheld21 May 20253358367
    Little Paddock Farm, Canterbury Road, Challock, Ashford, TN25 4DW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.