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Dismissed20 May 20223268113

Kemsdale Stud Farm, Kemsdale Road, Hernhill, Faversham, ME13 9JL

Planning appeal 3268113 at Kemsdale Stud Farm, Kemsdale Road, Hernhill, Faversham, ME13 9JL (Swale Borough Council) was dismissed on 20 May 2022 by Inspector Davies N, following a hearing. The main issue, as the Inspector framed it: Whether or not it is appropriate to remove condition 6 that restricts occupancy of the dwelling to the stud farm use of the site.

a dwelling without complying with a condition attached to planning permission Ref SW/00/1180, dated 18 June 2002

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Davies N
Postcode
ME13 9JL

Main issues, as the Inspector framed them

  • Whether or not it is appropriate to remove condition 6 that restricts occupancy of the dwelling to the stud farm use of the site

What decided it

The absence of substantive evidence demonstrating that there was no continuing demand or potential for the stud farm use to resume meant the occupancy condition still served a necessary planning purpose.

What the Inspector cited

Development plan policies
Policy ENV1Policy RS5Policy E11Policy ST3Policy DM12Policy DM14Policy DM24
National Planning Policy Framework
Paragraph 80

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

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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.

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.