®Planning appeal decision
The Chestnuts, Matts Hill Road,, Rainham, Kent, ME9 7XA
Without planning permission, the following unauthorised development: 1) Non-compliance the benefit of planning permission, the erection of with condition 2 of appeal
- Authority
- Medway Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
Main issues, as the Inspector framed them
- The need and provision of gypsy and traveller sites within the Medway area
- the effect of the development on the character and appearance of the surrounding area, with particular regard to the KDNL and the NDSLA location
- whether the degree to which the land is now used provides for a satisfactory standard of living conditions for its occupiers
What decided it
The harm to the character and appearance of the Kent Downs National Landscape/North Downs Special Landscape Area, combined with unsatisfactory living conditions for occupiers, outweighed the lack of a five-year gypsy and traveller site supply and the appellant's personal circumstances.
Considerable weight given to the absence of a five-year supply of gypsy and traveller sites and substantial weight given to personal circumstances/best interests of the child were outweighed by considerable weight attached to harm to the character and appearance of the KDNL/NDSLA and by unsatisfactory living conditions, so the deemed application was refused
Framework references: 187, 189
Plan policies cited: BNE25, BNE31, BNE32, BNE33, BNE2
Judgments cited: Ahmed v SSCLG & Guildford BC [2017] EWCA Civ 231; Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193
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.