Planning appeal decision
The Retreat Elverland Lane, Ospringe, Faversham, ME13 0SP
Planning appeal 3333589 at The Retreat Elverland Lane, Ospringe, Faversham, ME13 0SP (Swale Borough Council) was allowed on 17 May 2024 by Inspector Owen A, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area and the landscape and scenic beauty of the Kent Downs National Landscape (NL).
Temporary change of use of the land for the stationing of two static mobiles and two touring caravans for Gypsy/Traveller occupation for a single family for a period of 3 years; creation of access track and associated hard and soft landscaping
- Authority
- Swale Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Owen A
- Postcode
- ME13 0SP
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of the area and the landscape and scenic beauty of the Kent Downs National Landscape (NL)
- whether the site is suitably located in respect of its accessibility to services and facilities
- the effect on highway safety
- whether the development would be likely to affect the integrity of the Swale Special Protection Area (SPA), and if so whether a mechanism to secure suitable mitigation has been secured
- whether there are other considerations that outweigh any conflict with the development plan
What decided it
The lack of any alternative accommodation for the family and the substantial weight given to the best interests of the appellant's grandson in remaining close to his school outweighed the temporary harms to the National Landscape and accessibility.
the temporary harm to the character and appearance of the NL and poor accessibility were outweighed by the significant weight given to the lack of alternative sites and the substantial weight given to the grandson's educational best interests, justifying a temporary three-year permission
What the Inspector cited
- Development plan policies
- Policy DM 24Policy DM 10Policy DM 14Policy ST 1Policy DC 26Policy ST 3SD1SD2SD3SD8LLC1
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 appliedThe decision letter
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More decisions in Swale
The authority’s record since 2016 · every decision in 2024
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- Dismissed14 July 20266002253Land East Of Holywell Primary School, Forge Lane, Upchurch, ME9 7AD
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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