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Planning appeal decision

Quashed On Legal Grounds29 October 20243319348

Land at Plot 1, West of Water Lane, Water Lane, Harrietsham, Kent, ME17 1DH

Planning appeal 3319348 at Land at Plot 1, West of Water Lane, Water Lane, Harrietsham, Kent, ME17 1DH (Maidstone Borough Council) was decided (quashed on legal grounds) on 29 October 2024 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice specifies, with sufficient clarity, the land where the breach of planning control is alleged to have taken place.

without planning permission, the material change of use of land to a mixed use of keeping of horses and residential for Gypsies and Travellers including the stationing of caravans and associated operational works including the laying of hardsurfacing, installation of a septic tank and the erection of three stable buildings

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Orr H
Postcode
ME17 1DH

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies, with sufficient clarity, the land where the breach of planning control is alleged to have taken place

What decided it

The enforcement notice's plan was incorrectly plotted so that it failed to identify the land to which the alleged breach related with sufficient clarity, and correcting this would cause injustice to a third-party landowner not served with the notice.

The decision letter

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More decisions in Maidstone Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  2. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  3. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  4. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  5. Notice varied and upheld24 April 20263364740
    5 Bower Place, Maidstone, Kent, ME16 8BG

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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