®Planning appeal decision
THE OLD ORCHARD, ROSEMARY LANE, SMARDEN, KENT, TN27 8PF
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
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
Framework references: 11, 26
Plan policies cited: Policy HOU16
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.