Town Planner Pro
Search appeal decisions

Planning appeal decision

Split Decision17 March 20233210879

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

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

64 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Maidstone Borough Council

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

  1. Allowed5 October 20266008294
    Land West of Lodge Road, Staplehurst, TN12 0RQ
  2. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  3. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  4. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  5. Allowed18 June 20266004838
    3 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.