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Planning appeal decision

Notice varied and upheld22 March 20223233632

Plot 30, Riverside Area Off, Unicumes Lane, Maidstone, 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 alleged breach of planning control constitutes development requiring planning permission
  • 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

What decided it

The cumulative visual impact of the subdivision of the riverbank into individually owned leisure plots with associated structures (fencing, sheds, mooring facilities, garden furniture) fundamentally changed the character of this sensitive stretch of natural riverbank from open countryside to a domesticated leisure use, causing unacceptable harm to the landscape character and visual amenity contrary to Maidstone Local Plan policies.

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.