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Notice varied and upheld6 May 20253351756

Hawkspare Limited, Green Street Green Road, Dartford, DA2 8DP

Planning appeal 3351756 at Hawkspare Limited, Green Street Green Road, Dartford, DA2 8DP (Dartford Borough Council) was allowed in part (a split decision) on 6 May 2025 by Inspector Steen A, following an inquiry. The main issue, as the Inspector framed it: Whether the development comprises inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.

Material change of use of land to a mixed use comprising a plant hire depot, various storage compounds, a printing business, general haulage business(es), a scaffolding yard, scaffolding sales and a construction engineering yard, together with associated development including levelling of land, hardstanding, scaffolding structures, site offices/containers/tanks, a retaining wall, fencing and gates, and the rebuilding of a barn and erection of a metal structure

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Steen A
Postcode
DA2 8DP

Main issues, as the Inspector framed them

  • Whether the development comprises inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect on the openness and purposes of the Green Belt
  • The effect of the development on the intrinsic character and beauty of the landscape
  • The effect of the mixed use of the land on the living conditions of neighbouring occupiers with particular regard to light, pollution, noise and disturbance
  • Whether the proposed works would preserve the Grade II listed buildings known as Clock House, Durham Cottage and House and The Forge Cottage and Grade II Scheduled Monument at the icehouse or their setting or any features of special architectural and historic interest (or significance) which they possess
  • The effect of development on potable water supplies in the vicinity of the site
  • The effect of traffic relating to the mixed use of the land on the safe and efficient operation of the highway network in the vicinity of the appeal site
  • The effect of the mixed use of the land on users of public rights of way (PROW)
  • The effect of the development on ecology and biodiversity
  • 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 required to justify the proposal

What decided it

The substantial harm to the openness of the Green Belt, combined with other identified harms, was not clearly outweighed by the benefits so as to amount to the very special circumstances needed to justify inappropriate development.

The substantial weight given to Green Belt harm and other identified harms (landscape character, living conditions, heritage setting, potable water supplies) was not clearly outweighed, individually or cumulatively, by the economic benefits (considerable weight) and modest biodiversity improvements, so very special circumstances were not demonstrated.

What the Inspector cited

Development plan policies
Policy M12Policy M20Policy M1Policy M2Policy M5Policy M6Policy M14Policy M15Policy M16Policy M18Policy S4
National Planning Policy Framework
Paragraph 110Paragraph 115Paragraph 154Paragraph 155Paragraph 208Paragraph 212
Judgments
Miller-Mead v MHLG [1963] 2 WLR; Ferris v SSE [1989] 57 P&CR 127; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Hertfordshire CC v SSCLG & Metal and Waste Recycling Ltd [2012] EWCA Civ 1473; [2013] JPL 560

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

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More decisions in Dartford Borough Council

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.

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