Planning appeal decision
Rose Farm, Westmarsh Drove, Westmarsh, Ash, Canterbury, Kent, CT3 2DD
Non-compliance with condition 3 of planning permission 19/00565
- Authority
- Dover District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the surrounding countryside, whether the site complies with the relevant policies relating to the location of gypsy/traveller sites, and also the level of flood risk to the occupants of the site (Appeal A)
- Whether conditions nos 2, 3 and 4 imposed on the planning permission granted under APP/X2220/C/17/3180882 are necessary and reasonable having regard to the effect on the character and appearance of the surrounding countryside and the circumstances of the case (Appeal B)
What decided it
The lack of any suitable alternative accommodation for the gypsy/traveller occupants, combined with the best interests of resident children and their personal circumstances, justified granting a further temporary (two-year) permission despite the identified harm to character, appearance and flood risk.
The significant weight given to the appellants' personal circumstances, the best interests of the children and the absence of alternative accommodation outweighed the significant harm to the character and appearance of the countryside and the flood risk harm, resulting in a further two-year temporary permission rather than dismissal.
Framework references: 167, 159
Plan policies cited: CS policy DM7, CS policy DM15, CS policy DM16, NP policy ANP1, NP policy ANP 5, emerging policy SP3, emerging policy H3, emerging policy H4, emerging policy TI1, emerging policy NE2, emerging policy CC5
Judgments cited: Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193
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.
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