®Planning appeal decision
The Old Bindery, Butchers Field, Throwley Forstal, Faversham, ME13 0PJ
Planning appeal 3263577 at The Old Bindery, Butchers Field, Throwley Forstal, Faversham, ME13 0PJ (Swale Borough Council) was dismissed on 20 January 2022 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: 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:.
Material change of use of land to a mixed use as a caravan site for the stationing of caravans used residentially, use for horse keeping and use of a building as stables, with the deemed application seeking to vary conditions 1, 2 and 3 to remove the temporary duration and restrict on caravan numbers
- Authority
- Swale Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Orr H
- Postcode
- ME13 0PJ
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
What the Inspector cited
- Development plan policies
- ST1ST3DM10DM14DM24
- National Planning Policy Framework
- Paragraph 176Paragraph 134
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.