Plot 20, Riverside Area off Unicumes Lane, Maidstone, Kent, ME16 8FT

Authority: Maidstone Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Not Applicable
Inspector: Kean G

Main issues, as the Inspector framed them

Whether a material change of use of the land has occurred
Whether the operational development alleged is integral to and part and parcel of the unauthorised change of use
Whether planning permission should be granted for the development alleged to constitute the breach of planning control, having regard to landscape and visual impacts and wildlife and biodiversity matters
Whether the requirements of the notices exceed what is necessary to remedy the breach of planning control

What decided it

The cumulative visual and landscape harm caused by the subdivision of the riverbank into individually owned leisure plots with associated structures, fencing and mooring facilities, which fundamentally changes the character of this sensitive Medway Valley landscape from its pre-existing natural state, outweighs any individual considerations and requires enforcement action save for Plot 16 where limited structures are acceptable.

Plan policies cited: Maidstone Local Plan 2017 Policy SS1(10), Maidstone Local Plan 2017 Policy SP17, Maidstone Local Plan 2017 Policy DM3, Maidstone Local Plan 2017 Policy DM7, Maidstone Local Plan 2017 Policy DM26, Maidstone Local Plan 2017 Policy DM30

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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