®Planning appeal decision
Land known as Herwish, Martens Lane, High Halden, Ashford, Kent, TN26 3JP
described in the application as 2x mobile homes, 2x utility blocks, 2x caravans and parking for 4 cars
- Authority
- Ashford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Murray J
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of the countryside
- whether the occupiers of the site are gypsies and travellers as properly defined
- whether any harm to the character and appearance of the countryside is outweighed by other considerations including the personal circumstances of the occupiers, having regard to their Human Rights and the best interests of any children
What decided it
The cumulative weight of the occupiers' personal circumstances (health and education needs), the lack of alternative accommodation, and the long-standing unmet need for gypsy and traveller sites outweighed the identified landscape harm.
the substantial weight of the occupiers' personal circumstances, the absence of a 5-year supply of gypsy and traveller sites, and Article 8 rights outweighed the harm to the character and appearance of the countryside, tipping the 'fine balance' identified in 2009 in favour of a permanent permission
Framework references: 174
Plan policies cited: Policy SP1, Policy SP6, Policy ENV3a, Policy HOU16
Judgments cited: Murfitt v SSE [1980] JPL 598; Lisa Smith v SSLUHC [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.