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Planning appeal decision

Notice varied and upheld25 February 20263327688

Land East of Courtenay House, London Road, Dunkirk, FAVERSHAM, Kent, ME13 9LF

Without planning permission the material change of use from residential garden to Land for the stationing of a mobile home for residential purposes

Authority
Swale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Douglas L

Main issues, as the Inspector framed them

  • whether the site is a suitable location for the development in principle, with particular regard to the Council's settlement strategy
  • the effect of the development on the character and appearance of the area
  • the effect of the development on the Swale Special Protection Area (SPA)
  • the appellant's need for the development, with particular regard to their personal circumstances

What decided it

The site's location outside the settlement boundary in an unsustainable countryside location, combined with the appellant's failure to provide medical evidence or demonstrate that the site was the most appropriate means of meeting her needs, meant the adverse impacts of granting permission significantly and demonstrably outweighed the benefits even under the tilted balance.

The significant cumulative weight of conflict with the development plan's settlement strategy and low-level harm to character and appearance outweighed the modest weight given to the appellant's personal circumstances and the social benefits of housing provision in a borough with undersupply, resulting in refusal of permission.

Framework references: 11

Plan policies cited: Policy ST1, Policy ST3, Policy CP3, Policy DM14, Policy ST7, Policy DM24, Policy DM26

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.