®Planning appeal decision
Ashtree Place Hampstead Lane, Nettlestead, MAIDSTONE, ME18 5HN
a material change of use of land for stationing of 3no.caravans for residential occupation by Gypsy and Traveller families, with associated works (hard standing, cesspool and sheds)
- Authority
- Maidstone Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Johnson W
Main issues, as the Inspector framed them
- the effect on Green Belt openness and purposes
- whether the development would be at risk from flooding
- whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development
What decided it
The combination of a likely greater unmet need for Gypsy and Traveller sites, the lack of alternative sites for the families, and their strong personal circumstances amounted to very special circumstances clearly outweighing the Green Belt and other harm.
The substantial harm from inappropriate development, loss of openness and effect on a Green Belt purpose was clearly outweighed by the sustainability of the site (moderate weight), need and provision factors (moderate weight), the lack of alternative sites (substantial weight) and personal circumstances of the families (substantial weight), amounting to very special circumstances.
Framework references: 150
Plan policies cited: Policy SP17, Policy DM15, Policy SS1
Judgments cited: Smith vs Secretary of State for Levelling Up, Housing and Communities and Others [2021] EWHC 1650 (Admin); Sefton MBC v Secretary of State for Housing,Communities and Local Government [2021] EWHC 1082 (Admin)
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.