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Planning appeal decision

Allowed12 August 20223220060

St. Thomas Yard, Holywell Lane, Upchurch, SITTINGBOURNE, ME9 7HP

‘Change of use of land for the stationing of caravans for residential occupation with associated hardstanding, steps to the mobile homes, fencing, utility building, cesspools and new access without compliance with Condition 1 of the 2002 appeal

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
King T

Main issues, as the Inspector framed them

  • whether the proposal represents an acceptable form of development having regard to national policy, and the objectives of the development plan in respect of gypsy and traveller accommodation
  • the effect on the character and appearance of the area, having regard to the site's degree of visibility from surrounding land, any cumulative effects arising from the development, and also the positioning and scale of the access point from Holywell Lane

What decided it

The substantial weight attached to the appellants' personal circumstances and the significant unmet need for gypsy and traveller accommodation outweighed the limited harm to character and appearance.

the significant weight given to unmet gypsy and traveller accommodation need and the substantial weight given to the appellants' personal circumstances outweighed the limited harm to the character and appearance of the area

Framework references: 8, 79, 80, 174

Plan policies cited: DM10, DM24, DM26, CP4

Judgments cited: South Cambridgeshire DC v SSCLG & Brown [2008] EWCA Civ 1010

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.