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Planning appeal decision

Quashed On Legal Grounds20 April 20263375967

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

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

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Douglas L

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.