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Planning appeal decision

Notice upheld16 January 20243278430

Land Adjoining The Cottage, Canterbury Road, Selsted, Kent, CT15 7HJ

Planning appeal 3278430 at Land Adjoining The Cottage, Canterbury Road, Selsted, Kent, CT15 7HJ (Folkestone and Hythe District Council) was dismissed on 16 January 2024 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: The location of the development.

the change of use of land to use as a residential caravan site for 4 gypsy families, each with two caravans, including no more than one static caravan/mobile home together with Laying of hard standing, erection of 4 No amenity buildings, improvement of access and direction of fencing

Authority
Folkestone and Hythe District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Orr H

Main issues, as the Inspector framed them

  • The location of the development
  • The effect of the development on the character and appearance of the KDAONB and on highway safety
  • The effect of the development on biodiversity, habitats and the Stodmarsh SPA
  • Whether any harm arising from the above matters is outweighed by any other material considerations

What decided it

The significant and unacceptable harm to the character and appearance of the Kent Downs AONB outweighed the moderate and limited weight benefits put forward by the appellant.

The moderate weight attached to personal circumstances, the best interests of the children and lack of alternative sites, together with limited weight given to other social/economic benefits, were outweighed by the significant harm to the KDAONB and conflict with development plan policies.

What the Inspector cited

Development plan policies
Policy SS1Policy SS3Policy NE3Policy HB14
National Planning Policy Framework
Paragraph 176

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 Folkestone and Hythe District Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed25 September 20263339048
    Land Adjoining George Inn, Stone Street, Stelling Minnis, Kent, CT4 6DF
  2. Notice upheld27 April 20263335400
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  3. Quashed On Legal Grounds21 January 20263369822
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  4. Notice varied and upheld25 July 20243321005
    Hoad's Meadow Alpaca Retreat , Hoad's Lane , Swingfield, Kent, CT15 7HS
  5. Allowed5 October 20233259875
    Stuarts Lodge, South Lodge Road, Stelling Minnis, Kent, CT4 6BL

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.