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Allowed19 April 20233258990

Ashtree Place Hampstead Lane, Nettlestead, Maidstone, ME18 5HN

Planning appeal 3258990 at Ashtree Place Hampstead Lane, Nettlestead, Maidstone, ME18 5HN (Maidstone Borough Council) was allowed on 19 April 2023 by Inspector Johnson W, following a hearing. The main issue, as the Inspector framed it: the effect on Green Belt openness and purposes.

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
Postcode
ME18 5HN

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.

What the Inspector cited

Development plan policies
Policy SP17Policy DM15Policy SS1
National Planning Policy Framework
Paragraph 150
Judgments
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)

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.

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The decision letter

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More decisions in Maidstone Borough Council

The authority’s record since 2016 · every decision in 2023

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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.