Planning appeal decision
Rose Farm, Westmarsh Drove, Westmarsh, Ash, Canterbury, Kent, CT3 2DD
Planning appeal 3313856 at Rose Farm, Westmarsh Drove, Westmarsh, Ash, Canterbury, Kent, CT3 2DD (Dover District Council) was allowed on 24 October 2023 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: 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).
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
- Postcode
- CT3 2DD
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.
What the Inspector cited
- Development plan policies
- CS policy DM7CS policy DM15CS policy DM16NP policy ANP1NP policy ANP 5emerging policy SP3emerging policy H3emerging policy H4emerging policy TI1emerging policy NE2emerging policy CC5
- National Planning Policy Framework
- Paragraph 167Paragraph 159
- Judgments
- Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193
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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More decisions in Dover District Council
The authority’s record since 2016 · every decision in 2023
- decided1 October 20266009266Land North East of Ballinderry House, Folkestone Road, Church Hougham, CT15 7AB
- Dismissed14 August 20266009267Land North East Of Ballinderry House, Folkestone Road, Dover, CT15 7AB
- Notice upheld23 July 2025331990063A East Cliff, Dover, CT16 1LS
- Notice varied and upheld5 February 20253306262291 London Road, Deal, CT14 9PP
- Planning permission granted11 October 20243317037Land on the South Side of Ferne Lane, Alkham, Dover, Kent, CT15 7FF
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.
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