®Planning appeal decision
Land at The Old Dairy, Bedmonton Lane, Wormshill, Kent, ME9 0EH
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
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.
Framework references: 11, 26, 116, 131, 187, 189
Plan policies cited: LPRSS1, LPRSP9, LPRHOU8, LPRQD4, LPRSP15, LPRSP14(A)
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.