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Planning appeal decision

Allowed19 May 20253354295

The Old Orchard, Rosemary Lane, Smarden, Kent, TN27 8PF

Planning appeal 3354295 at The Old Orchard, Rosemary Lane, Smarden, Kent, TN27 8PF (Ashford Borough Council) was allowed on 19 May 2025 by Inspector Griffiths P, following a hearing. The main issue, as the Inspector framed it: the accessibility of the site.

the material change of use of land for stationing of caravans for residential occupation for Gypsy/Traveller site with 4 pitches and associated development (hardstanding, utility blocks, waste treatment plants, access track improvements, widened access, landscaping) – part retrospective

Authority
Ashford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Griffiths P
Postcode
TN27 8PF

Main issues, as the Inspector framed them

  • the accessibility of the site
  • the impact of the development on the character and appearance of the area
  • highway safety
  • flood risk

What decided it

The proposal's accordance with Policy HOU16 (and hence the development plan as a whole), reinforced by the compelling personal circumstances of the Gypsy/Traveller family which would in any event have outweighed any residual harm under the tilted balance.

even had the proposal conflicted with the development plan, the benefits arising from the best interests of the children, the PSED and Article 8 rights, and the absence of any alternative site, would clearly and substantially outweigh any adverse impacts under the tilted balance

What the Inspector cited

Development plan policies
Policy HOU16
National Planning Policy Framework
Paragraph 11Paragraph 26

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.

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The decision letter

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More decisions in Ashford Borough Council

The authority’s record since 2016 · every decision in 2025

  1. Allowed9 April 20263368725
    Land Adjacent to the Bull Inn, Bethersden, Ashford, TN26 3LB
  2. Allowed30 March 20266002407
    Belvedere Stables, High Halden Road, Nr Ashford, Kent, TN30 6SY
  3. Dismissed27 March 20263376207
    Parker Farm, Hamstreet, Ashford, Kent, TN26 2JQ
  4. Allowed12 February 20263375345
    'Etchden Chase' at Little Etchden, Etchden Road, Bethersden, Kent, TN26 3DS
  5. Allowed8 December 20253358518
    Court Lodge Farm, Ashford, Kent, TN23 3QW

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.