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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

Planning appeal 3327688 at Land East of Courtenay House, London Road, Dunkirk, Faversham, Kent, ME13 9LF (Swale Borough Council) was allowed in part (a split decision) on 25 February 2026 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: whether the site is a suitable location for the development in principle, with particular regard to the Council's settlement strategy.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Douglas L
Postcode
ME13 9LF

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.

What the Inspector cited

Development plan policies
Policy ST1Policy ST3Policy CP3Policy DM14Policy ST7Policy DM24Policy DM26
National Planning Policy Framework
Paragraph 11

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 Swale

The authority’s record since 2016 · every decision in 2026

  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. Quashed On Legal Grounds20 January 20263319501
    Garden & Orchard Mowers, The Tractor Shed Provender Lane, Norton, Faversham, ME13 0SL
  5. Notice varied and upheld3 December 20253323156
    Broad Oak Farm Broad Oak Road, Milstead, Sittingbourne, ME9 0RS

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.