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Notice upheld26 May 20233283099

43 Wilmington Way, Twydall, Gillingham, Kent, ME8 6JB

Planning appeal 3283099 at 43 Wilmington Way, Twydall, Gillingham, Kent, ME8 6JB (Medway Council) was dismissed on 26 May 2023 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the matter stated in the enforcement notice, being the erection of a single storey dwellinghouse within the side curtilage, has occurred.

Without the benefit of planning permission the erection of a single storey dwelling house within the side curtilage of the property

Authority
Medway Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Satheesan R
Postcode
ME8 6JB

Main issues, as the Inspector framed them

  • Whether the matter stated in the enforcement notice, being the erection of a single storey dwellinghouse within the side curtilage, has occurred
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The building's self-contained layout with independent facilities for day-to-day living (cooking, sleeping, washing), separate utilities, independent entrance, and separate private garden demonstrated it constituted a dwelling rather than an annex, and the appellant failed to discharge the burden of proof that the breach had not occurred.

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More decisions in Medway

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld10 April 20263342871
    4 Everest Lane, Rochester, ME2 3XA
  2. Notice varied and upheld24 March 20263338789
    100 Woodside, Gillingham, ME8 0PW
  3. Planning permission granted19 March 20263338738
    382 Canterbury Street, Gillingham, ME7 5LD
  4. Notice upheld23 October 20253358271
    89 Bryant Road, Rochester, ME2 3ES
  5. Notice upheld20 October 20253349682
    20 Oakhurst Close, Chatham, ME5 9AN

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.

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