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Notice upheld2 June 20253358530

First4Drains Ltd, Walnut Hill Nursery Walnut Hill Road, Gravesend, DA13 9HL

Planning appeal 3358530 at First4Drains Ltd, Walnut Hill Nursery Walnut Hill Road, Gravesend, DA13 9HL (Gravesham Borough Council) was dismissed on 2 June 2025 by Inspector Hanson S, following a hearing. The main issue, as the Inspector framed it: 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.

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
Postcode
DA13 9HL

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.

What the Inspector cited

Development plan policies
Policy CS02Policy CS12Policy CS19Policy CS11Policy T1Policy T5Policy P3
National Planning Policy Framework
Paragraph 110Paragraph 115Paragraph 143Paragraph 154Paragraph 155

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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More decisions in Gravesham

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

  1. Allowed15 October 20266007106
    Blackthorn Farm, Wrotham Road, Culverstone Green, Meopham, Gravesend, DA13 0QW
  2. Dismissed1 September 20266005603
    7 Hornfield Cottages, David Street, Meopham, Gravesend, DA13 0BU
  3. Allowed20 August 20263361359
    Parsonage Farm, The Street, Cobham, Kent, DA12 3DG
  4. Notice varied and upheld18 August 20263352876
    Land to the West of Sole Street Station (Known As Norbond Site), Sole Street, Cobham, Gravesend, Kent, DA13 0XY
  5. Allowed22 July 20266008224
    Walnut Hill Nursery, Walnut Hill Road, Istead Rise, DA13 9HL

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.