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Notice varied and upheld14 June 20223264812

Land South of Benover Road, Yalding, Kent, ME18 6AZ

Planning appeal 3264812 at Land South of Benover Road, Yalding, Kent, ME18 6AZ (Maidstone Borough Council) was allowed in part (a split decision) on 14 June 2022 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: The effect of the development on flood risk.

without planning permission the material change of use of the Land for a residential use including the stationing of caravans and associated operational works including the laying of hardsurfacing

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Steen A
Postcode
ME18 6AZ

Main issues, as the Inspector framed them

  • The effect of the development on flood risk
  • The effect of the development on the landscape and rural character of the area
  • Whether other material considerations would outweigh any harm arising from those main issues, including any that could outweigh any conflict with development plan policies, such as the need for gypsy and traveller accommodation within the District and the personal circumstances of the appellant and other site occupiers

What decided it

The significant risk of flooding to the site and the increased flood risk elsewhere outweighed the identified need for gypsy and traveller accommodation and the appellant's personal circumstances.

The material considerations in favour of the development (the need for gypsy and traveller accommodation and the personal circumstances of the appellant and his family) were outweighed by the impact on occupants' welfare from flood risk and the increased risk of flooding elsewhere.

What the Inspector cited

Development plan policies
Policy DM15Policy DM1Policy SS1Policy SP17Policy DM30
National Planning Policy Framework
Paragraph 48

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 Maidstone Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  2. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  3. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  4. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  5. Notice varied and upheld24 April 20263364740
    5 Bower Place, Maidstone, Kent, ME16 8BG

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.