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Planning appeal decision

Quashed On Legal Grounds20 April 20263375967

Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN

Planning appeal 3375967 at Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN (Swale Borough Council) was decided (quashed on legal grounds) on 20 April 2026 by Inspector Douglas L, following an inquiry. The main issue, as the Inspector framed it: For the appeal under ground (b) to succeed, the appellant needs to show that the alleged breach of planning control has not occurred.

Without planning permission, the material change of use of Land from a mixed use comprising (1) part for the making and recycling of pallets and (2) part for the keeping and grazing of horses; and part for the siting of 3 containers used for purposes ancillary to the keeping and grazing of horses and the making and recycling of pallets; to a mixed use comprising (1) part for the making and recycling of pallets and (2) part for the keeping and grazing of horses and (3) part for the siting of more than 3 storage containers (currently 17) used for the storage of machinery and materials associated with the keeping and grazing of horses and the making and recycling of pallets

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Douglas L
Postcode
ME13 9RN

Main issues, as the Inspector framed them

  • For the appeal under ground (b) to succeed, the appellant needs to show that the alleged breach of planning control has not occurred
  • For the appeal under ground (c) to succeed, the appellant needs to show that the alleged breach does not constitute a breach of planning control, on the balance of probabilities

What decided it

The storage containers were found to be functionally related and proportionate to the established lawful mixed use, with only a low level of intensification insufficient to amount to a material change of use.

The decision letter

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More decisions in Swale

The authority’s record since 2016 · every decision in 2026

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  5. Notice varied and upheld3 December 20253323156
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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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