Planning appeal decision
Land to the R/O the Meadows, Lenham Road, Headcorn, TN27 9LG
Planning appeal 3210879 at Land to the R/O the Meadows, Lenham Road, Headcorn, TN27 9LG (Maidstone Borough Council) was allowed in part (a split decision) on 17 March 2023 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on landscape character and the appearance of the land and the surrounding countryside (both as an individual site and cumulatively).
Continued/retrospective use of land for Gypsy/Traveller caravan sites (mobile homes, touring caravans and utility blocks) on three adjoining sites, following non-compliance with time-limited planning conditions
- Authority
- Maidstone Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Lewis D
- Postcode
- TN27 9LG
Main issues, as the Inspector framed them
- The effect of the development on landscape character and the appearance of the land and the surrounding countryside (both as an individual site and cumulatively)
- The effect on the local settled community, including the amenity of neighbouring landowners
- Whether any identified harm may be suitably mitigated through compliance with planning conditions
- The existing level of local provision and the need for traveller sites
- The personal need for a site by the appellants and the current occupiers, taking account of their personal circumstances, human rights (including the best interests of the child), protected characteristics and the availability (or lack) of alternative accommodation
- Whether the period for compliance stated in the enforcement notice is reasonable and proportionate (ground (g))
What decided it
the balance between landscape/countryside harm and the strength of unmet Traveller accommodation need together with the personal, human-rights-based circumstances of individual pitch occupiers, assessed pitch-by-pitch
the significant unmet need for Traveller sites, the shortfall against an up-to-date 5-year supply, and the personal/Article 8 circumstances of occupiers were weighed against landscape and visual harm, tipping in favour of full permission on EN1, partial permission on EN2 (Plots 4 and 5) and EN3 (Plots 8A, 8B and 9A), with the balance remaining against the development on the remaining, more harmful parts of EN2 and EN3
What the Inspector cited
- Development plan policies
- Policy SS 1Policy SP 17Policy DM 15Policy DM 30Policy GT1Policy DM16
- National Planning Policy Framework
- Paragraph 11Paragraph 56
- Judgments
- Smith v Secretary of State for Levelling Up, Housing and Communities & Others [2022] EWCA Civ 1391; Smith v FSS and Mid Bedfordshire Borough Council [2005] EWCA Civ 859
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 appliedThe decision letter
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More decisions in Maidstone Borough Council
The authority’s record since 2016 · every decision in 2023
- Allowed5 October 20266008294Land West of Lodge Road, Staplehurst, TN12 0RQ
- Quashed On Legal Grounds28 September 20263378504Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
- Notice upheld17 July 20263377356Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
- Planning permission granted22 June 20263377362Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
- Allowed18 June 202660048383 Manor Close, Bearsted, Maidstone, ME14 4BY
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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