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Planning appeal decision

Split Decision17 March 20233210879

Land to the R/O the Meadows, Lenham Road, HEADCORN, TN27 9LG

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Lewis D

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

Framework references: 11, 56

Plan policies cited: Policy SS 1, Policy SP 17, Policy DM 15, Policy DM 30, Policy GT1, Policy DM16

Judgments cited: 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

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.