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Planning appeal decision

Notice varied and upheld29 January 20253315555

Land at Factory Farm, Wouldham Road, Rochester, South East, ME1 3TL

Planning appeal 3315555 at Land at Factory Farm, Wouldham Road, Rochester, South East, ME1 3TL (Medway Council) was allowed in part (a split decision) on 29 January 2025 by Inspector Higenbottam H, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact.

Without planning permission, the material change of use of the land, to a mixed use for the importation, deposit, processing and transfer of waste, stationing of shipping containers for storage, vehicle breaking and repair, and a residential caravan site, including the construction of buildings, fencing, gates and hard surfacing ("the unauthorised use")

Authority
Medway Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Higenbottam H
Postcode
ME1 3TL

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred as a matter of fact
  • Whether the fences and gates constitute permitted development
  • Whether the mixed use is immune from enforcement action through the passage of time
  • Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control
  • Whether the time given to comply with the notice is too short

What decided it

The appellant failed to demonstrate on the balance of probabilities that the mixed use commenced before 22 December 2012 and continued without material interruption for ten years, and therefore could not establish immunity from enforcement action through the passage of time.

The decision letter

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More decisions in Medway

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld10 April 20263342871
    4 Everest Lane, Rochester, ME2 3XA
  2. Notice varied and upheld24 March 20263338789
    100 Woodside, Gillingham, ME8 0PW
  3. Planning permission granted19 March 20263338738
    382 Canterbury Street, Gillingham, ME7 5LD
  4. Notice upheld23 October 20253358271
    89 Bryant Road, Rochester, ME2 3ES
  5. Notice upheld20 October 20253349682
    20 Oakhurst Close, Chatham, ME5 9AN

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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