Inspector upholds enforcement notice in respect of large mixed-use site in the Green Belt
Planning and Environment, Local Government
Following a 3-week inquiry earlier this year, a planning inspector has upheld an enforcement notice issued by Dartford Borough Council in respect of a large mixed-use site in the metropolitan Green Belt.
Background to the Site and Enforcement Action
The appeal site had a long and complex planning history, with part of the site having a historically lawful use for the ‘storage and dismantling of vehicles, plant and mechanical equipment.’ However, the Inspector accepted the Council’s case that there were two subsequent material changes in use, one in 2017-19 and another in 2023-24 resulting eventually, in the site being in a mixed use as a plant hire depot, storage, a printing business, haulage, a scaffolding yard/sales and construction engineering yard.
In consequence, the Inspector found that there had been a material change in use of the land which was not immune from enforcement and that there was no lawful use of the land to which the Appellants could revert by reference to s.57(4) TCPA 1990.
Green Belt and Planning Policy Considerations
The Inspector dismissed an appeal under Ground (a), holding that although the appeal site was ‘grey belt’, there was not a demonstrable unmet need for the type of development proposed by way of the appeal. There were not the very special circumstances to outweigh the harm to the Green Belt as well as other harms, including harm to the intrinsic character and beauty of the landscape, to the living conditions of neighbouring occupiers and to designated heritage assets.
While part of the appeal site was the subject of a designated employment area such that the principle of employment uses on that part of the site was acceptable, the development the subject of the appeal proposals within that area was found by the Inspector to be unacceptable by reference to the adverse effects upon, among other things, the intrinsic character and beauty of the landscape and the occupiers of neighbouring dwellings.
Other Grounds of Appeal and Outcome
Other aspects of the appeal, including an argument that the enforcement notice was a nullity, were also dismissed and the enforcement notice was upheld with minor variations to its wording.
For a copy of the decision letter, please click here.
Jack Parker represented Dartford Borough Council, assisted by Max Millington.
Robin Green and Jackson Sirica represented one of two Appellants, South Darenth Farms and Cold Store Company Ltd.
