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Dismissed13 June 20233315075

Roseacre Scragged Oak Road, Detling, Maidstone, ME14 3HL

Planning appeal 3315075 at Roseacre Scragged Oak Road, Detling, Maidstone, ME14 3HL (Maidstone Borough Council) was dismissed on 13 June 2023 by Inspector Bowyer J, following a hearing. The main issue, as the Inspector framed it: whether or not the proposed dwelling would accord with development plan policies relevant to housing proposals outside of settlement boundaries including with particular regard to the requirement for a dwelling on the site, and the financial basis of the enterprise.

demolition of 7(no) outbuildings; erection of 1(no) detached dwelling, 3(no) replacement buildings to support existing rural enterprise, comprising of 1(no) polytunnel with associated hard and soft landscaping, erection of farm shop/cafe with attached machinery store, and erection of 1(no) timber building. Part retrospective for change of use of land for keeping of livestock, retention of existing timber storage and processing yard, retention and provision of plant nursery

Authority
Maidstone Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Other minor developments
Inspector
Bowyer J
Postcode
ME14 3HL

Main issues, as the Inspector framed them

  • whether or not the proposed dwelling would accord with development plan policies relevant to housing proposals outside of settlement boundaries including with particular regard to the requirement for a dwelling on the site, and the financial basis of the enterprise
  • the effect of the proposal on the character and appearance of the area and the landscape and scenic beauty of the Kent Downs Area of Outstanding Natural Beauty
  • the effect of the proposal on highway safety
  • whether or not the proposed retail use would accord with development plan policies relevant to retail proposals outside of settlement boundaries including with regard to whether or not it would support the maintenance of land in agricultural and other appropriate land based uses

What decided it

The cumulative and significant harm to the character, appearance and landscape/scenic beauty of the Kent Downs AONB, combined with unjustified need for the dwelling and harm to highway safety, outweighed the benefits and personal circumstances relied on by the appellant.

The great weight attached to harm to the AONB, together with significant harm to character and appearance, harm to highway safety and an unjustified countryside dwelling, outweighed the limited economic and site-management benefits and the significant weight given to the appellant's personal circumstances, tipping the balance against the proposal.

What the Inspector cited

Development plan policies
Policy SS1Policy DM34Policy DM1Policy SP17Policy DM30Policy DM40
National Planning Policy Framework
Paragraph 80

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

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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.