®Planning appeal decision
Coldharbour House, Coldharbour Lane, Hucking, Kent, ME14 3LS
Planning appeal 3346388 at Coldharbour House, Coldharbour Lane, Hucking, Kent, ME14 3LS (Maidstone Borough Council) was allowed on 5 December 2024 by Inspector Francis L, by written representations. The main issue, as the Inspector framed it: Whether the condition removing permitted development rights in relation to i) fences and ii) outbuildings, is reasonable or necessary in the interests of the character and appearance of the surrounding countryside, with particular regard to the Kent Downs National Landscape.
Replace existing dwelling with erection of four bedroom dwelling and change of use of agricultural hardstanding to residential use, varying condition 16 to allow permitted development rights under Class E Part 1 Schedule 2 and Class A Part 2 Schedule 2 of the GPDO
- Authority
- Maidstone Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Francis L
- Postcode
- ME14 3LS
Main issues, as the Inspector framed them
- Whether the condition removing permitted development rights in relation to i) fences and ii) outbuildings, is reasonable or necessary in the interests of the character and appearance of the surrounding countryside, with particular regard to the Kent Downs National Landscape
What decided it
The existing restrictions within the GPDO for Article 2(3) land (National Landscapes) limiting outbuildings to 10 square metres and prohibiting them on side elevations provided sufficient safeguards, making the additional condition restriction unjustifiable under NPPF guidance that conditions should not restrict national permitted development rights without clear justification.
What the Inspector cited
- Development plan policies
- LPRSP9LPRQD4LPRHOU11LPRSP15
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.