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Planning appeal decision

Notice varied and upheld15 March 20233202648

Horseshoe Farm, Elverland Lane , Ospringe, Kent, ME10 0SP

Planning appeal 3202648 at Horseshoe Farm, Elverland Lane , Ospringe, Kent, ME10 0SP (Swale Borough Council) was allowed in part (a split decision) on 15 March 2023 by Inspector Fagan N, following a hearing. The main issue, as the Inspector framed it: The personal circumstances of the appellant.

failure to comply with a condition imposed on a planning permission

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Fagan N
Postcode
ME13 0SP

Main issues, as the Inspector framed them

  • The personal circumstances of the appellant
  • The accessibility of the site
  • The effect on the character and appearance of the area, having regard to the location of the site within the Kent Downs Area of Outstanding Natural Beauty (AONB) wherein the statutory purpose of an AONB is to conserve and enhance the natural beauty of an area
  • The Council's requirement for Gypsy and Traveller Sites, whether it can demonstrate a 5-year supply of sites, and the availability of alternative sites for the appellant
  • Whether any harm arising from bullet points 2 and 3 above are outweighed by bullet points 1 and 4, taking into account compliance or otherwise with development plan and national policy

What decided it

The great weight given to harm to the Kent Downs AONB and the site's unsustainable, inaccessible location was not clearly outweighed by the appellant's personal circumstances, unmet gypsy and traveller need, or the lack of a 5-year supply of pitches.

the appellant's personal circumstances, the lack of any available alternative sites, unmet need and the lack of a 5-year supply of gypsy and traveller pitches did not clearly outweigh the great weight given to harm to the AONB and the unsustainable location of the site

What the Inspector cited

Development plan policies
Policy ST3Policy DM10Policy DM24Policy DM25Policy DM26
National Planning Policy Framework
Paragraph 105Paragraph 176
Judgments
Smith v SSHCLG & Ors [2022] EWCA Civ 1391

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Swale

The authority’s record since 2016 · every decision in 2023

  1. Quashed On Legal Grounds20 April 20263375967
    Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN
  2. Allowed24 March 20263340364
    Happy Days, Bell Farm Lane, Minster on Sea, Kent , ME12 4JB
  3. Notice upheld19 March 20263327038
    Pigeon Farm Sheppey Way, Bobbing, Sittingbourne, ME9 8PD
  4. Notice varied and upheld25 February 20263327688
    Land East of Courtenay House, London Road, Dunkirk, Faversham, Kent, ME13 9LF
  5. Quashed On Legal Grounds20 January 20263319501
    Garden & Orchard Mowers, The Tractor Shed Provender Lane, Norton, Faversham, ME13 0SL

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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