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Planning appeal decision

Notice upheld22 September 20253327594

Hill Top Farm Elverland Lane, Ospringe, Faversham, ME13 0SP

Planning appeal 3327594 at Hill Top Farm Elverland Lane, Ospringe, Faversham, ME13 0SP (Swale Borough Council) was dismissed on 22 September 2025 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the raised soil bund constitutes a means of enclosure permitted by the Town and Country Planning (General Permitted Development)(England) Order 2015.

Erection of a building for dual use as stables and kennels, erection of a timber framed kennel, formation of a raised soil bund, and stationing of a touring caravan

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Freer P
Postcode
ME13 0SP

Main issues, as the Inspector framed them

  • Whether the raised soil bund constitutes a means of enclosure permitted by the Town and Country Planning (General Permitted Development)(England) Order 2015
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period for compliance of twelve months is reasonable

What decided it

The raised soil bund does not function as a means of enclosure and therefore is not permitted development; the requirements of the notice are necessary to remedy the breach of planning control and the twelve-month compliance period is proportionate.

The decision letter

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More decisions in Swale

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

  1. Quashed On Legal Grounds20 April 20263375967
    Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN
  2. Allowed24 March 20263340364
    Happy Days, Bell Farm Lane, Minster on Sea, Kent , ME12 4JB
  3. Notice upheld19 March 20263327038
    Pigeon Farm Sheppey Way, Bobbing, Sittingbourne, ME9 8PD
  4. Notice varied and upheld25 February 20263327688
    Land East of Courtenay House, London Road, Dunkirk, Faversham, Kent, ME13 9LF
  5. Quashed On Legal Grounds20 January 20263319501
    Garden & Orchard Mowers, The Tractor Shed Provender Lane, Norton, Faversham, ME13 0SL

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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