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Planning appeal decision

Notice varied and upheld23 October 20253345463

Land at The Old Dairy, Bedmonton Lane, Wormshill, Kent, ME9 0EH

Planning appeal 3345463 at Land at The Old Dairy, Bedmonton Lane, Wormshill, Kent, ME9 0EH (Maidstone Borough Council) was allowed in part (a split decision) on 23 October 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the unauthorised development conserves and enhances the landscape and scenic beauty of the Kent Downs National Landscape.

without planning permission, the material change of use from agricultural land to land being used for residential purposes facilitated by the stationing of a mobile home, a tourer and associated development including concrete bases, laying of hardcore to form a track and subterranean features such as oil tanks and sewage treatment tanks

Authority
Maidstone Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Hartley D
Postcode
ME9 0EH

Main issues, as the Inspector framed them

  • Whether the unauthorised development conserves and enhances the landscape and scenic beauty of the Kent Downs National Landscape
  • Whether the breach of planning control comprises a sustainable form of development with particular reference to accessibility, biodiversity and highway safety considerations as outlined in policy LPRHOU8

What decided it

The development's failure to conserve or enhance the Kent Downs National Landscape, combined with conflicts on accessibility, highway safety and biodiversity grounds, outweighed the material considerations in favour of allowing the appeal, including unmet Traveller pitch need and the personal circumstances of the occupiers.

The significant harm to the Kent Downs National Landscape and conflicts with accessibility, highway safety and biodiversity policies outweighed the benefits of meeting unmet Traveller accommodation need and the personal circumstances of the occupiers, resulting in dismissal of the appeal; however, the compliance period was extended from three to twelve months to allow occupiers time to secure alternative accommodation.

What the Inspector cited

Development plan policies
LPRSS1LPRSP9LPRHOU8LPRQD4LPRSP15LPRSP14(A)
National Planning Policy Framework
Paragraph 11Paragraph 26Paragraph 116Paragraph 131Paragraph 187Paragraph 189

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 2025

  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.