®Planning appeal decision
The Happy Pants Animal Santuary, Land to the East of Hawes Wood, Iwade Road, Newington, Kent, ME9 7HY
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
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
Plan policies cited: Policy ST 3, Policy DM 3, Policy DM 24, Policy DM 26, Policy DM 28, Policy DM 29, Policy DM 14
Judgments cited: Miller-Mead v MHLG [1963] 2 WLR 225
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.