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Planning permission granted29 November 20243340802

Hawthorn Lodge, Chart Hill Road, Chart Sutton, Kent, ME17 3EX

Planning appeal 3340802 at Hawthorn Lodge, Chart Hill Road, Chart Sutton, Kent, ME17 3EX (Maidstone Borough Council) was allowed on 29 November 2024 by Inspector Fagan N, following a hearing. The main issue, as the Inspector framed it: Accessibility of the site to local services.

Without planning permission, the material change of use of land to residential for a Gypsy and Traveller family including the stationing of caravans and associated operational works including the laying of hardsurfacing, creation of an entrance by removal of 'Important' Hedgerow and erection of entrance gates and the installation of a septic tank

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Fagan N
Postcode
ME17 3EX

Main issues, as the Inspector framed them

  • Accessibility of the site to local services
  • Whether the development would dominate the nearest settled community
  • The effect of the development on the landscape and rural character of the area
  • Its effect on ecology in the area, in particular Great Crested Newts
  • The existing level of local provision and the need for traveller sites
  • The personal need for a site by the appellant and her family taking account of their personal circumstances, human rights (including the best interests of the child), protected characteristics and the availability (or lack) of alternative accommodation

What decided it

The lack of any alternative site for the appellant and her family combined with the severe shortfall in traveller pitch supply and the best interests of her children outweighed the identified harms.

The harm from the development's contribution to dominating the settled community, landscape harm and possible ecological harm was outweighed by the lack of an alternative site, the huge unmet need for traveller pitches and the best interests of the appellant's children, tipping the balance in favour of granting permanent planning permission.

What the Inspector cited

Development plan policies
Policy LPRHOU8 (Gypsy, Traveller and Travelling Showpeople Accommodation) of the Maidstone Local Plan Review 2021-2038Policy LPRSP9 (Development in the Countryside)Policy LPRSP14(A)Policy LPR2P9
Judgments
Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.

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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.