®Planning appeal decision
Land Known As Land Adjacent to Cat-C-Vu, Preston Hall Gardens, Warden, Kent, ME12 4PL
Planning appeal 3299109 at Land Known As Land Adjacent to Cat-C-Vu, Preston Hall Gardens, Warden, Kent, ME12 4PL (Swale Borough Council) was allowed in part (a split decision) on 26 February 2024 by Inspector King T, by written representations. The main issue, as the Inspector framed it: whether the proposal represents an acceptable form of development having regard to the effect on character and appearance of the area, with particular regard to the mobile-home's siting and design.
Change of use of land to residential for existing mobile home sited on land adj JR’s.’ _________________________________________________________________________ Formal
- Authority
- Swale Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- King T
- Postcode
- ME12 4PL
Main issues, as the Inspector framed them
- whether the proposal represents an acceptable form of development having regard to the effect on character and appearance of the area, with particular regard to the mobile-home's siting and design
- whether the proposal represents an acceptable form of development having regard to the effects on the living conditions of neighbouring occupiers, with particular regard to those at Cat-C-Vu
- whether the mobile home provides for a satisfactory standard of living accommodation for its occupier
- whether the proposal would affect the integrity of the Special Protection Area (SPA) and, if not, the appropriateness of mitigation in this regard
What decided it
The absence of a secured financial contribution towards SPA mitigation measures, which cannot be imposed as a condition and is essential to comply with the Conservation of Habitats and Species Regulations and policy DM28.
The absence of harm on three of four main issues and the appellant's personal circumstances of potential homelessness were outweighed by the inability to secure the necessary SPA mitigation contribution, which is a legal requirement under the Conservation of Habitats and Species Regulations.
What the Inspector cited
- Development plan policies
- DM14CP4DM28
- National Planning Policy Framework
- Paragraph 11
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
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With an account
What an account adds to this decision
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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.