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Section 18 Success for Sevenoaks

Meyric Lewis

Sevenoaks District Council have been successful in their arguments on an appeal against a certificate of appropriate alternative development issued by them in relation to land owned by the Roman Catholic Archdiocese of Southwark at St Lawrence Church and Presbytery, Edenbridge and limiting the amount of residential development on the land to 5 dwellings.  The land in question was taken for the Edenbridge Western Relief Road.

The appellants sought a certificate for a maximum of 20 dwellings on the land taken, together with some adjoining land, but the Council maintained that only 5 dwellings would be appropriate on the certificate land itself having regard to the provisions of the Land Compensation Act 1961 and taking into account the size of the site, the policies applying to it at the relevant date, the impact on local amenity and highways implications.

The Secretary of State agreed with his Inspector that a certificate for residential development limited by condition to only 5 houses was the maximum that would have been appropriate for the appeal site if it had not been taken for the Relief Road.  He accepted the Council's argument that the certificate could not be granted in respect of any land outside the area of that taken for the road.

Meyric Lewis appeared for Sevenoaks District Council instructed by Linda Felton.