Planning appeal decision
Three Sons, Hampstead Lane, Nettlestead, Maidstone, Kent, ME18 5HN
Planning appeal 3225715 at Three Sons, Hampstead Lane, Nettlestead, Maidstone, Kent, ME18 5HN (Maidstone Borough Council) was dismissed on 6 July 2021 by Inspector Hendley D, by written representations. The main issue, as the Inspector framed it: Whether the appellant has gypsy status.
Stationing of 1 mobile and 1 touring caravan for use by Gypsy & Traveller family with associated hardstanding, dayroom and parking
- Authority
- Maidstone Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Hendley D
- Postcode
- ME18 5HN
Main issues, as the Inspector framed them
- Whether the appellant has gypsy status
- Whether the proposal would constitute inappropriate development in the Green Belt
- The effect on the openness of the Green Belt
- The effect on the character and appearance of the area
- The effect on flood risk
- Whether the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to very special circumstances
What decided it
The substantial harm to the Green Belt by reason of inappropriateness and loss of openness, combined with unacceptable harm to character and appearance and flood risk, was not clearly outweighed by the appellant's personal circumstances and need for a settled base.
The personal circumstances of the appellant and his family and the lack of alternative sites carried significant weight, but this was outweighed by the substantial harm to the Green Belt, the significant adverse impact on openness, the unacceptable effect on character and appearance, and the unacceptable effect on flood risk, such that very special circumstances did not exist.
What the Inspector cited
- Development plan policies
- Policy SP17Policy DM15Policy DM30Policy SS1Policy DM1
- National Planning Policy Framework
- Paragraph 143Paragraph 144Paragraph 155
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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With an account
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More decisions in Maidstone Borough Council
The authority’s record since 2016 · every decision in 2021
- Dismissed31 March 202660043414 Trumans Farm Cottages, Willow Lane, Paddock Wood, Kent, TN12 6PF
- Planning permission granted20 May 20253340982Plot A, Three Sons, Hampstead Lane, Nettlestead, ME18 5HN
- Dismissed17 February 20253354224Reed Court Barn, Hunton Road, Marden, Kent, TN12 9SX
- Allowed20 April 20233316896River Farm Chart Hill Road, Staplehurst, Kent, TN12 0RW
- Allowed19 April 20233258990Ashtree Place Hampstead Lane, Nettlestead, Maidstone, ME18 5HN
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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