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Planning appeal decision

Notice varied and upheld15 March 20233202648

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

failure to comply with a condition imposed on a planning permission

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Fagan N

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

Framework references: 105, 176

Plan policies cited: Policy ST3, Policy DM10, Policy DM24, Policy DM25, Policy DM26

Judgments cited: Smith v SSHCLG & Ors [2022] EWCA Civ 1391

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.