Key cases
Hawkspare, Green Street Green Road, DA2 8DX - 23/00184/ENF
On 9th August 2024 following a complex and lengthy investigation into an alleged breach of planning control on the land at Hawkspare Yard, Green Street Green, DA2 8DP, the Council’s Planning Enforcement Team served an Enforcement Notice on 28 persons and companies with an identified interest in the land. Hawkspare Yard covers an area measuring approximately 4.8 hectares, falls within Green Belt, a designated public right of way traverses the middle of the site which is set close to historic assets and a scheduled ancient monument.
This enforcement action follows on from complaints from residents and Councillors of light pollution, noise, traffic and the environmental impacts generated by an industrial use.
The notice alleges without planning permission, the material change of use of the land to a mixed use involving:
- plant hire depot for purposes of crane hire, sales, maintenance and storage
- various storage compounds
- a printing business
- general haulage businesses
- a scaffolding yard
- scaffolding sales
- a construction engineering yard together with associated development that facilitates the material change of use, including the levelling of land, laying of concrete slabs and hardcore, the erection of multiple scaffolding structures, siting of multiple site offices, buildings, containers, tanks and toilets, erection of retaining wall, fences and entrance gate and the siting of containers and concrete blocks; and
- without planning permission, the rebuilding of a barn associated with a haulage business and the erection of a metal structure associated with the printing business.
Considering expediency to enforce and all material considerations, the reasons for issuing the notice are set out as being the material change of use and operational developments have occurred within the last 10 years, it constitutes inappropriate development in the Green Belt with no very special circumstances being demonstrated that clearly outweigh the substantial harm to the Green Belt. The unauthorised and unacceptable spread and intensification causes injury to the character and appearance of the area, harm to the residential amenities of the current and future occupants and amenities of the users of the Public Right of Way by reason of visual harm, noise, disturbance, light pollution and associated increase in vehicular movements. The use therefore conflicts with local and national policies.
The notice requires that within a period of 9 months of the notice taking effect on 13th September to cease the use of all elements of the mixed use of the land identified at i – vi , to remove all structures, buildings, containers, boundary treatment and sub-division of the land and associated development that facilitates the material change of use within areas identified on the aerial image attached to the notice. Demolish buildings identified and remove debris arising from compliance.
Two of the recipients of the enforcement notice have submitted appeals on 6 grounds and the appeal process has commenced. The two appeals shall be heard simultaneously as a Public Inquiry with advocates representing both appellants and the Council. The Inspector appointed by the Planning Inspectorate will open the Inquiry at 10am on 21st January 2025 at the Council Chambers, Dartford Borough Council, The Civic Centre, Home Gardens , Dartford DA1 1DR. Sitting days are 21st – 23rd January, 27th – 31st January and 4th-5th February. With an accompanied site visit taking place on 24th January 2025.
The Core Documents for Appeal A ( Hawkspare Ltd ) and Appeal B ( South Darenth Farms and Cold Store Company Ltd ) will be available to the public to view online once they have been produced and disclosed before 21st January 2025.
There shall be limited availability for members of the public who wish to attend on any of the sitting days but it will be necessary to contact planning.enforcement@dartford.gov.uk in advance to inform them of your intention to do so to ensure entry passes and seating are secured at least a day beforehand to avoid any disappointment.
Any questions should be directed via planning.enforcement@dartford.gov.uk.
Land North of Powder Mill Lane (East of Greenbanks) - Site Clearance and Fencing
A number of residents have contacted us regarding the clearance of vegetation and erection of fences and a new gate at this site. Planning Enforcement Officers have visited the site and a new case has been set up under reference 24/00114/ENF. Whilst there is an active enforcement investigation, only limited information can be shared with residents at this stage. However, we have noted that the vast majority of the trees within the site have not, at the time of writing, been removed.
Planning permission was granted for 77 dwellings across 2 sites (A and B) in May 2001 under planning reference: 00/00353/FUL. Site A was built out in approximately 2003-2008 and is accessed off Hawley Road. Development has not started at site B which would involve the erection of 36 dwellings, a small play area and a car park for fisherman’s use. This application can be viewed via Public Access https://publicaccess.dartford.gov.uk/online-applications/search.do
This planning permission, as with any other planning permission, does not require development to be completed by a set date. It is therefore possible for site B to be developed under the historic 2001 planning permission at any time now or in the future. This has been confirmed by a Lawful Development Certificate granted by the Council in 2020 (reference 20/01004/LDC). However, this is subject to various planning conditions being met, including details of any tree removal and tree protection, contaminated land and drainage. There is also a legal agreement obligating the developer to undertaken certain requirements which will also need to be adhered to.
The current planning enforcement investigation will be considering whether there have been any breaches of planning control and evidence is being gathered. Please note that this investigation will not consider any potential harm to protected wildlife as this does not fall within the remit of the planning department in this case.
Any notable updates on this case will be reported here. Please therefore check this page periodically.
Land at Clement Street, Sutton at Hone – Travelling Showpeople encampment – Updated 4th December 2024
The Local Planning Authority (LPA) are aware of the arrival of a number of static and touring caravans as well as fairground equipment and vehicles associated with Travelling Showpeople at land to the south of Clement Street, east of M25 and west of Church Road. It is understood that this commenced on Friday 10th March 2023 and continued over the weekend of 11th-12th March 2023.
In response to this incursion, the LPA visited the site on Monday 13th March 2023 and instructed solicitors with a view to placing an Injunction on the land. The necessary paperwork was submitted to the High Court on Tuesday 14th March 2023 and a Court Hearing was granted to take place on 15th March 2023. In the morning of Wednesday 15th March 2023, the Judge ruled in the Council’s favour and granted an interim Injunction Order. This Injunction Order prevents any FURTHER development from taking place on the land. A further Hearing took place on Friday 24th March 2023 where the Council were successful in securing a continuation of the Injunction until such time as planning application DA/23/00122/COU “Change of use of land for a Showpeople's Family Quarters to form 7 permanent plots for travelling show people with associated equipment storage, equipment washing and testing area, access, amenity, SUDs, landscaping and earth bunds” is determined or, 24 September 2023, whichever is the sooner. As the planning application had not been determined by 24th September 2023, the Hearing was re-listed for Monday 27th November 2023 in anticipation of the planning application having been determined by that date. The planning application has now been REFUSED on 23rd October 2023. If you wish to view the refused planning application, you can do so https://publicaccess.dartford.gov.uk/online-applications/search.do but it is now too late to comment as the application has been determined.
On 16th November 2023, the Local Planning Authority served an Enforcement Notice on the land, its owners and occupiers. This requires the use of the land as a Travelling Showpeople’s site to cease and all caravans/mobile homes, fairground equipment, vehicles and associated operational development to be removed from the land. The Enforcement Notice came into effect on 15th December 2023 and gives the owners/occupiers nine months to comply with the Notice.
A new planning application reference: 23/01346/COU was submitted on 17th November 2023. This was accompanied by additional supporting information and technical reports which seek to address some of the reasons for refusal. The application was refused on 15th March 2024 and can be viewed via: https://publicaccess.dartford.gov.uk/online-applications/simpleSearchResults.do?action=firstPage.
At the re-listed Hearing for the Injunction on 27th November 2023, the judge ruled that the Injunction will remain in place until the aforementioned enforcement notice has been complied with or planning permission is granted for the use of the site as a travelling showpeople's quarters. If planning permission is not granted and any appeal unsuccessful, the Council will require the unauthorised use to cease and the land cleared.
The owners/occupiers appealed against the Enforcement Notice and the refused planning application 23/01346/COU to the Planning Inspectorate. A Public Inquiry took place on 24th-27th September 2024 and a decision was issued on 3rd December 2024. The decision can be read in full here: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3335107.
The Inspector in this case allowed the planning appeal, granting planning permission for the Travelling Showpeoples site with a number of conditions including restricting the use of the site to those named in the planning application and their dependants and descendant. The approved planning application includes a number of mitigation measures to reduce the impacts of the development on the Green Belt and the character and appearance of the area. This includes significant planting to the boundaries of the site and a reduction in ground levels. The applicant must provide further details of this along with a timetable for implementing the works. A full list of the conditions can be found on page 24 of the appeal decision via the above link.
Although the Inspector upheld the Enforcement Notice, this is effectively superseded by the planning permission granted on appeal.