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Planning appeal decision

Planning permission granted13 May 20243323647

Land East of Water Lane, And North of Hammerstream Paddock, Water Lane, Headcorn, Kent, TN27 9JL

Planning appeal 3323647 at Land East of Water Lane, And North of Hammerstream Paddock, Water Lane, Headcorn, Kent, TN27 9JL (Maidstone Borough Council) was allowed on 13 May 2024 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area.

without planning permission, the material change of use of Land to a mixed use including the stationing of two mobile homes and touring caravans for residential use, the raising of land levels involving the creation of hardstanding areas and the installation of cesspits

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Shields T
Postcode
TN27 9JL

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • whether the site is a suitable location for the development having regard to flood risk
  • in the event of non-compliance with the Development Plan, whether there are any material considerations in favour of the development that outweigh such conflict

What decided it

The significant benefit of providing three gypsy and traveller pitches to meet an identified unmet need outweighed the minimal residual flood risk harm, which could be mitigated by condition.

the benefits of providing three gypsy and traveller pitches in an area of significant unmet need outweighed the conflict with the Development Plan and Framework in respect of flood risk, given that the actual harm could be made minimal through conditions

What the Inspector cited

Development plan policies
Policy SP17Policy DM1Policy DM15Policy DM30Policy LPRSP9Policy LPRSP15Policy LPRHOU8Policy LPRQD4
National Planning Policy Framework
Paragraph 173

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.

See how each was applied

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.