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Planning appeal decision

Notice varied and upheld22 March 20223233145

Plot 12 Riverside, Area off Unicumes Lane, Maidstone, Kent, ME16 8FT

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
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 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 enforcement notices exceed what is necessary to remedy the breach

What decided it

The subdivision of the natural riverbank into numerous individually owned leisure plots with associated structures and home mooring facilities has caused significant and unacceptable harm to the character and appearance of the Medway Valley Landscape of Local Value, contrary to development plan policies, and the structures are integral to the unauthorised use and must be removed.

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

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.