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Planning appeal decision

Notice varied and upheld3 December 20243311616

The Happy Pants Animal Santuary, Land to the East of Hawes Wood, Iwade Road, Newington, Kent, ME9 7HY

Planning appeal 3311616 at The Happy Pants Animal Santuary, Land to the East of Hawes Wood, Iwade Road, Newington, Kent, ME9 7HY (Swale Borough Council) was allowed in part (a split decision) on 3 December 2024 by Inspector Fleming D, following a hearing. The main issue, as the Inspector framed it: whether the site is an appropriate location for the use, having regard to local planning policy.

without planning permission, the material change of use of the land to a mixed use of an animal sanctuary and the stationing of caravans for human habitation

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Fleming D
Postcode
ME9 7HY

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for the use, having regard to local planning policy
  • the effect of the development on the rural character and appearance of the area
  • the effect of the development on the living conditions of neighbouring occupiers, having regard to noise and disturbance

What decided it

The significant harm to the living conditions of neighbouring occupiers from noise and disturbance, combined with the significant harm to site habitats and the lack of policy justification for the countryside location, led to the deemed planning application being refused.

the harms found to living conditions, biodiversity/habitats and the character and appearance of the area, together with the weight attached to the intentional unauthorised nature of the development, outweighed the appellant's case for the use and led to the ground (a) appeal failing

What the Inspector cited

Development plan policies
Policy ST 3Policy DM 3Policy DM 24Policy DM 26Policy DM 28Policy DM 29Policy DM 14
Judgments
Miller-Mead v MHLG [1963] 2 WLR 225

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 Swale

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

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
  2. Quashed On Legal Grounds20 April 20263375967
    Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN
  3. Allowed24 March 20263340364
    Happy Days, Bell Farm Lane, Minster on Sea, Kent , ME12 4JB
  4. Notice upheld19 March 20263327038
    Pigeon Farm Sheppey Way, Bobbing, Sittingbourne, ME9 8PD
  5. Notice varied and upheld25 February 20263327688
    Land East of Courtenay House, London Road, Dunkirk, Faversham, Kent, ME13 9LF

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.