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Planning appeal decision

Notice upheld25 January 20243285542

Land at Three Sons, Hampstead Lane, Nettlestead, ME18 5HN

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Freer P

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.

Framework references: 147, 148, 149

Plan policies cited: Policy SP17, Policy DM15, Policy DM30

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.