Rosewood Farm, Scragged Oak Road, Delting, Maidstone, ME14 3HL

the siting of a caravan for use ancillary to the lawful agricultural use of the land

Authority: Maidstone Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Other minor developments
Inspector: Freer P

Main issues, as the Inspector framed them

Whether the LDC application was valid as made
Whether the stationing of a caravan in association with the agriculture enterprise would constitute development as defined by Section 55 of the 1990 Act
Whether the land is being used for agriculture

What decided it

The land was in unlawful mixed use for agriculture and gypsy/traveller purposes at the application date, so the lawful agricultural use claimed by the appellant did not subsist, and the caravan would constitute a material change of use requiring planning permission.

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