®Planning appeal decision
First4Drains Ltd, Walnut Hill Nursery Walnut Hill Road, GRAVESEND, DA13 9HL
Without the benefit of planning permission, the material change of use of the Land (which includes the buildings) from an agricultural use to a mixed use of Use Class E (Commercial, Business and Service) and Sui-Generis Use in relation to the operation of a drainage company including for the avoidance of doubt the parking of HGV tanker lorries in connection with the unauthorised use
- Authority
- Gravesham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policy
- The effect on openness of the Green Belt
- The effect on the landscape character of the area
- The effect on the living conditions of neighbouring residents
- The effect in relation to highway safety
- The effect in relation to groundwater source protection
- If the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The appellant failed to demonstrate that the substantial harm from inappropriate development in the Green Belt, together with harm to living conditions and highway safety, was clearly outweighed by other considerations so as to amount to very special circumstances.
The substantial weight given to Green Belt harm (inappropriateness, and harm to openness) together with harm to living conditions and highway safety was not clearly outweighed by the limited weight given to employment benefits and moderate weight given to economic/social benefits, or the substantial weight given to potential landscaping/biodiversity improvements, so very special circumstances were not established.
Framework references: 110, 115, 143, 154, 155
Plan policies cited: Policy CS02, Policy CS12, Policy CS19, Policy CS11, Policy T1, Policy T5, Policy P3
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.