Planning appeal decision
Land at Romany Green Acre, Well Lane, Fordwich, Canterbury, Kent, CT2 0DU
Without planning permission, the stationing of caravans for residential use in excess of the numbers permitted by condition 2 of planning permission CA/20/01794 granted on 24 March 2021
- Authority
- Canterbury City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
Main issues, as the Inspector framed them
- the need, and provision made, for gypsy and traveller sites within the Canterbury City Council area
- the effect of the development on the character and appearance of the surrounding area, with particular regard to its conservation area location and that the site also falls within a locally designated Woodlands Landscape Character Area
- the development's effect on highway safety
- its effect on the Stodmarsh Nature Reserve
What decided it
The unmitigated harms to character and appearance, highway safety and the integrity of the Stodmarsh SAC/SPA significantly and demonstrably outweighed the substantial weight attributable to unmet gypsy and traveller need.
Substantial weight given to unmet gypsy and traveller need was significantly and demonstrably outweighed by harm to character and appearance, highway safety and the integrity of the Stodmarsh Nature Reserve, such that the adverse effects of granting permission outweighed the benefits.
Framework references: 187
Plan policies cited: Policy HD10, Policy DBE3, Policy LB4, Policy LB9, Policy SP1, Policy T17, Policy LB5
Judgments cited: Wiesenfeld v SSE & Brent LBC [1992] JPL 556; Ahmed v SSCLG & Guildford BC [2017] EWCA Civ 231
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.
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