®Planning appeal decision
Birch Cottage, Maidstone Road, Staplehurst, Kent, TN12 0RG
Planning appeal 3277626 at Birch Cottage, Maidstone Road, Staplehurst, Kent, TN12 0RG (Maidstone Borough Council) was dismissed on 24 June 2022 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be at an unacceptable risk of flooding.
‘Replacement of stable building and barn, which have planning permission for use as three holiday-lets, with a new, smaller building for use as a single holiday let.’
- Authority
- Maidstone Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Shearing C
- Postcode
- TN12 0RG
Main issues, as the Inspector framed them
- whether the proposed development would be at an unacceptable risk of flooding
What decided it
The development would be at an unacceptable risk of flooding as a 'more vulnerable' use in Flood Zone 3b, failing the sequential test and conflicting with Framework paragraphs 159 and 162, which provide a clear reason for refusal under paragraph 11 of the Framework.
The safety of future occupiers in respect of flood risk, given substantial weight, outweighed the benefits of a reduced footprint and increased permeability, and the fallback positions afforded limited weight, resulting in dismissal despite accordance with the local plan policy.
What the Inspector cited
- Development plan policies
- Policy DM1
- National Planning Policy Framework
- Paragraph 11Paragraph 159Paragraph 162
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Maidstone Borough Council
The authority’s record since 2016 · every decision in 2022
- Dismissed29 October 2026601053621 Tasker Close, Bearsted, Maidstone, ME15 8NZ
- Allowed27 October 20266015190Little Southernden, Southernden Road, Headcorn, TN27 9LL
- Allowed27 October 20266011721Loxley House, Gravelly Bottom Road, Kingswood, Maidstone, ME17 3NT
- Allowed27 October 20266011076Little Southernden, Southernden Road, Headcorn, TN27 9LL
- Allowed26 October 20266010539Land Rear Of 58 Church Street, Boughton Monchelsea, Maidstone, ME17 4HN
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.