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Planning permission granted5 July 20243337973

New Barn Sheep Farm, Frittenden Road, Staplehurst, Kent, TN12 0DL

Planning appeal 3337973 at New Barn Sheep Farm, Frittenden Road, Staplehurst, Kent, TN12 0DL (Maidstone Borough Council) was allowed on 5 July 2024 by Inspector Hitchcock R, following an inquiry. The main issue, as the Inspector framed it: whether or not there is an essential need for a dwelling to accommodate a rural worker on the site to meet the exception to new homes in the countryside.

Material change of use of the land for a residential use, including erection of a dwelling and associated paraphernalia and operational works including the laying of hardstanding

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Hitchcock R
Postcode
TN12 0DL

Main issues, as the Inspector framed them

  • whether or not there is an essential need for a dwelling to accommodate a rural worker on the site to meet the exception to new homes in the countryside
  • if so, the effect of the use and the associated hardstanding on the character and appearance of the locality

What decided it

The Inspector's finding that there was an established functional and financial need for a full-time agricultural worker to reside on the holding, satisfying the exception in Policy LPRCD3.

The demonstrated essential need for a rural worker's dwelling, combined with only a limited effect on character and appearance, meant the development complied with the countryside exception policies, leading to permission being granted rather than a benefits/harm balancing exercise.

What the Inspector cited

Development plan policies
Policy LPRSS1Policy LPRSP9Policy LPRSP14(A)Policy LPRSP15Policy LPRQD4Policy LPRCD3
National Planning Policy Framework
Paragraph 56
Judgments
Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467; Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598; Sumner v SSCLG [2010] EWHC 372 (Admin)

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 Maidstone Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  2. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  3. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  4. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  5. Notice varied and upheld24 April 20263364740
    5 Bower Place, Maidstone, Kent, ME16 8BG

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.