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Planning appeal decision

Notice varied and upheld16 June 20223254753

Walnut Tree Farm, 155 Lower Rainham Road, Rainham, Kent, ME7 2XT

Planning appeal 3254753 at Walnut Tree Farm, 155 Lower Rainham Road, Rainham, Kent, ME7 2XT (Medway Council) was allowed in part (a split decision) on 16 June 2022 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control.

Erection of a building and surrounding structure

Authority
Medway Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Freer P

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period for compliance specified in the notice falls short of what should reasonably be allowed

What decided it

The public interest in expeditious compliance with the enforcement notice outweighs the private interest in extending the period of compliance, as the appellant provided no substantiated evidence that the three to four month timeframe was unreasonable.

The decision letter

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More decisions in Medway

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

  1. Notice upheld10 April 20263342871
    4 Everest Lane, Rochester, ME2 3XA
  2. Notice varied and upheld24 March 20263338789
    100 Woodside, Gillingham, ME8 0PW
  3. Planning permission granted19 March 20263338738
    382 Canterbury Street, Gillingham, ME7 5LD
  4. Notice upheld23 October 20253358271
    89 Bryant Road, Rochester, ME2 3ES
  5. Notice upheld20 October 20253349682
    20 Oakhurst Close, Chatham, ME5 9AN

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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