Land Known As Kestrels Fen, Ash Road, Sandwich, CT3 2BZ

Planning appeal 3266722 at Land Known As Kestrels Fen, Ash Road, Sandwich, CT3 2BZ (Dover District Council) was dismissed on 1 June 2021 by Inspector Stephens K, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the LDC application was well-founded.

described as ‘use of land for importation of topsoil raising land level by approx 300mm to reinstate original land level prior to its use for turf stripping

Authority: Dover District Council
Appeal type: major · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Householder developments
Inspector: Stephens K
Postcode: CT3 2BZ

Main issues, as the Inspector framed them

Whether the Council's decision to refuse the LDC application was well-founded
Whether the proposed importation of topsoil to replace that which has been stripped, spreading it and raising ground level by approximately 300mm amounts to development
Whether that development would constitute agricultural permitted development and would be granted planning permission and hence be lawful on the day the LDC application was made

What decided it

The proposed importation of topsoil to raise ground levels does not fall within any of the permitted development categories in the GPDO and therefore requires planning permission, which has not been granted.

What the Inspector cited

Judgments: Parkes v Secretary of State for the Environment [1979] 1 All E.R. 211

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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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.