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Dismissed29 October 20243319745

Warren Lands, Lenham Heath Road, Sandway, Kent, ME17 2PD

Planning appeal 3319745 at Warren Lands, Lenham Heath Road, Sandway, Kent, ME17 2PD (Maidstone Borough Council) was dismissed on 29 October 2024 by Inspector Murray D, following a hearing. The main issue, as the Inspector framed it: Whether the principle of development accords with the strategy in the development plan.

the demolition of existing dwelling and erection of a one bedroom bungalow. Refurbishment of existing hardstanding to enable standing of one static caravan and storage of two touring caravans to be ancillary to the dwelling. Refurbishment of existing access

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Murray D
Postcode
ME17 2PD

Main issues, as the Inspector framed them

  • Whether the principle of development accords with the strategy in the development plan
  • The effect on the character and appearance of the area including the rural landscape
  • Whether the site lies in a sustainable location with good accessibility to a range of services and modes of transport
  • The effect on the character and appearance of the Sandway Conservation Area
  • The effect on the Stodmarsh Marshes SAC through the additional overnight accommodation resulting in increased nutrient to this habitat and whether adversely affects its integrity
  • The effect on protected species within the site and whether there would be a net gain in biodiversity
  • The effect on highway capacity, safety and amenity
  • The need for and supply of gypsy/traveller sites (Appeal B)
  • The availability of alternative sites (Appeal B)
  • The personal circumstances of the appellant and best interests of children

What decided it

The cumulative and lasting harm to rural landscape character, the conservation area, highway safety and the Stodmarsh SAC's integrity was found to outweigh the appellant's personal circumstances and the shortfall in gypsy/traveller site provision.

the harms to rural character, the conservation area, highway safety and the Stodmarsh SAC outweighed the benefits of providing settled accommodation and gypsy/traveller pitches together with the appellant's personal circumstances, so the conflict with the development plan and national guidance was not outweighed

What the Inspector cited

Development plan policies
DM15LPRHOU8LPRSP9CP1LPRQD4AT2(3)LPRSP14(B)LPRSP14(a)LPRTRA2
National Planning Policy Framework
Paragraph 109Paragraph 207Paragraph 208Paragraph 209
Judgments
Bishop v Westminster Council [2017] EWHC 3102 (Admin) 2017 WL 06597399

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 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.

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.