Land to the South of Mill Cottage, Mill Road, Staple, Kent, CT3 1LB

Main issues, as the Inspector framed them

• Whether the Council is able to demonstrate a sufficient supply of Gypsy and Traveller sites, and whether there are realistic alternatives available to the Appellant
• Whether the proposed development is in a suitable location bearing in mind the criteria set out in the relevant development plan policy
• Whether there is a mechanism available to enable mitigation of any impact on nearby protected European sites
• Whether there are matters which outweigh any identified harm such that the development should be permitted, including human rights and the public sector equality duty (PSED)

What decided it

The proposal's clear breach of Policy H4's locational criteria (access and character/appearance) and the unresolved requirement to mitigate impacts on protected European sites outweighed the human rights and PSED considerations in favour of the Appellant.

The substantial weight given to the breaches of Policy H4 and other Local Plan policies was not outweighed by the substantial weight attached to the Appellant's Article 8 rights and the best interests of children, so the appeal was dismissed