®Planning appeal decision
Plot A, Three Sons, Hampstead Lane, Nettlestead, ME18 5HN
a breach of Condition 2 of planning permission Ref: APP/U2235/C/15/3138039, granted on appeal, in respect of the matters stated in an enforcement notice (Ref: ENF/500852) issued on 2 October 2015
- Authority
- Maidstone Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the use of the site as a residential caravan site would be inappropriate development in the Green Belt
- The effect on openness of the Green Belt
- The effect on the character and appearance of the area
- Flood risk
- If inappropriate development in the Green Belt, whether any harm to the Green Belt, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development
What decided it
The harm to the Green Belt and from flood risk would be sufficiently reduced by granting only a temporary (4-year) permission, allowing the unmet pitch need and personal circumstances to clearly outweigh that reduced harm.
The unmet pitch need, lack of alternative sites and the family's personal circumstances did not clearly outweigh Green Belt and flood risk harm sufficient for a permanent permission, but did clearly outweigh that harm once reduced by a 4-year temporary time limit, so very special circumstances were found to justify only a temporary permission
Framework references: 11, 143, 153, 155, 173, 174, 181
Plan policies cited: Policy LPRSP9, Policy LPRHOU8, Policy LPRQD4
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.