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Planning permission granted24 October 20233313856

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

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.

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The decision letter

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More decisions in Dover District Council

The authority’s record since 2016 · every decision in 2023

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  5. Planning permission granted11 October 20243317037
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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.

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.