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Planning appeal decision

Split Decision22 March 20223233258

Plot 16 on the Riverside Area off, Unicems Lane, Maidstone, Kent, ME16 9LY

Planning appeal 3233258 at Plot 16 on the Riverside Area off, Unicems Lane, Maidstone, Kent, ME16 9LY (Maidstone Borough Council) was allowed in part (a split decision) on 22 March 2022 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the land has occurred.

Unauthorised material change of use of land from natural riverbank to individual leisure/garden purposes and siting of home mooring facilities together with associated works including storage buildings, mooring facilities, garden structures, fencing, gates and other means of enclosure

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 riverbank into numerous privately owned plots with associated leisure structures and permanent home mooring facilities has caused significant and unacceptable harm to the character and appearance of this sensitive landscape area, contrary to development plan policies for conservation of the Medway Valley Landscape of Local Value.

What the Inspector cited

Development plan policies
Maidstone Local Plan 2017 Policy SS1(10)Maidstone Local Plan 2017 Policy SP17Maidstone Local Plan 2017 Policy DM3Maidstone Local Plan 2017 Policy DM7Maidstone Local Plan 2017 Policy DM26Maidstone Local Plan 2017 Policy DM30

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 applied

The decision letter

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More decisions in Maidstone Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  2. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  3. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  4. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  5. Notice varied and upheld24 April 20263364740
    5 Bower Place, Maidstone, Kent, ME16 8BG

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.