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Planning appeal decision

Notice upheld20 January 20223263577

The Old Bindery, Butchers Field, Throwley Forstal, FAVERSHAM, ME13 0PJ

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Orr H

Main issues, as the Inspector framed them

  • Whether the conditions, in so far as they limit the duration of the permission to two years and restrict the number of caravans, remain reasonable and necessary, having regard to:
  • The location of the development.
  • The suitability of the site with regard to its effect on the character and appearance of the area, the Kent Downs Area of Outstanding Natural Beauty (the AONB) and the Throwley Forstal Conservation Area (TFCA); and
  • The personal circumstances of the appellant and his extended family.

What decided it

The significant harm to the character and appearance of the AONB and the setting of the TFCA outweighed the personal circumstances and public benefits put forward by the appellant.

The less than substantial but considerable harm to the AONB and TFCA setting, and the unsuitable location, outweighed the moderate weight given to personal circumstances and the limited weight given to the public benefits of two additional gypsy and traveller pitches

Framework references: 176, 134

Plan policies cited: ST1, ST3, DM10, DM14, DM24

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.