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Planning appeal decision

Notice varied and upheld25 January 20243296166

The Woodlands, Hempstead Road, Hempstead, Gillingham, Kent, ME7 3QL

Planning appeal 3296166 at The Woodlands, Hempstead Road, Hempstead, Gillingham, Kent, ME7 3QL (Medway Council) was allowed in part (a split decision) on 25 January 2024 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: The effect of the scrap yard use on the character and appearance of the area, having regard to the economic and social benefits of the use, along with any environmental or other benefits that might be secured through a grant of planning permission.

Without the benefit of planning permission the material change of use of the Property to a mixed use for a scrap yard, vehicle breaking and repair, waste deposit, processing and transfer, residential and forestry

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
minerals-waste · Change of use
Inspector
Dignan P
Postcode
ME7 3QL

Main issues, as the Inspector framed them

  • The effect of the scrap yard use on the character and appearance of the area, having regard to the economic and social benefits of the use, along with any environmental or other benefits that might be secured through a grant of planning permission

What decided it

The harm to landscape character and appearance caused by the scrap yard's urbanising encroachment into the countryside outweighed the moderate economic, social and environmental benefits put forward for retaining it.

Moderate weight given to the economic/social benefits of the scrap yard and to the potential ancient woodland enhancement scheme did not outweigh the conflict with the development plan arising from harm to landscape character and appearance caused by the scrap yard use.

What the Inspector cited

Development plan policies
Policy BNE25Policy BNE26Policy BNE34

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 Medway

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

  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.

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.