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Planning appeal decision

Notice varied and upheld30 May 20233262833

Land at New House Lane, Chartham, Kent, CT4 7BN

Planning appeal 3262833 at Land at New House Lane, Chartham, Kent, CT4 7BN (Canterbury City Council) was allowed in part (a split decision) on 30 May 2023 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: National policy, and the objectives of the development plan in respect of gypsy and traveller accommodation.

The use of land for the stationing of caravans for residential purposes of a single gypsy pitch together with the formation of hardstanding and utility/day room ancillary to that use, and the erection of a stable

Authority
Canterbury City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
King T
Postcode
CT4 7BN

Main issues, as the Inspector framed them

  • National policy, and the objectives of the development plan in respect of gypsy and traveller accommodation
  • Whether the development is situated in an appropriate location, with regard to accessibility to shops and facilities
  • The development's effect on water nutrient neutrality
  • Whether the development results in harm to the rural New House Lane, off which it is situated

What decided it

The unresolved risk of additional nutrient loading to the Stodmarsh SAC/Ramsar site, absent an agreed mitigation strategy, was found to outweigh all other considerations and decided the appeals against the residential caravan use.

the identified harm regarding water nutrient neutrality was found to outweigh the shortfall in gypsy and traveller pitch provision and the otherwise acceptable location and low impact of the use, leading to dismissal of the caravan/residential element, while the stable block was allowed as it raised no equivalent harm

What the Inspector cited

Development plan policies
Policy HD10Policy SP4Policy LB7
National Planning Policy Framework
Paragraph 180

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 Canterbury City Council

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

  1. Split Decision2 June 20263332446
    Four Buoys , Radfall Ride , Whitstable , CT3 3EW
  2. Invalid9 April 20263343204
    Land North West of Swanton Lane, Sturry, Canterbury, Kent , CT3 4AX
  3. Planning permission granted11 March 20263334788
    118 Clare Road, Whitstable, Kent, CT5 2EH
  4. Notice varied and upheld19 February 20263334865
    Beggars Roost, Woolage Green, Canterbury, CT4 6SF
  5. Dismissed9 February 20263373078
    17 Hollow Street, Chislet, Kent, CT3 4DS

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.