®Planning appeal decision
Land at Three Sons, Hampstead Lane, Nettlestead, ME18 5HN
Planning appeal 3285542 at Land at Three Sons, Hampstead Lane, Nettlestead, ME18 5HN (Maidstone Borough Council) was dismissed on 25 January 2024 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework.
Construction of two outbuildings
- Authority
- Maidstone Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Freer P
- Postcode
- ME18 5HN
Main issues, as the Inspector framed them
- whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework
- the effect of the development on the character and appearance of the area
- whether the development increases the risk of flooding on the site and elsewhere
- if the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
What decided it
The harm to the Green Belt by reason of inappropriateness, combined with unacceptable harm to character and appearance and undemonstrated flood risk, is not clearly outweighed by other considerations, and very special circumstances do not exist to justify the development.
The substantial harm to the Green Belt by reason of inappropriateness, significant harm to character and appearance, and significant undemonstrated flood risk were not outweighed by the limited weight attached to the retention of ancillary outbuildings to an expired temporary permission.
What the Inspector cited
- Development plan policies
- Policy SP17Policy DM15Policy DM30
- National Planning Policy Framework
- Paragraph 147Paragraph 148Paragraph 149
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 2024
- Quashed On Legal Grounds28 September 20263378504Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
- Notice upheld17 July 20263377356Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
- Planning permission granted22 June 20263377362Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
- Planning permission granted10 June 20263347386Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
- Notice varied and upheld24 April 202633647405 Bower Place, Maidstone, Kent, ME16 8BG
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.