Four-pitch traveller site at Brockton Farm Paddock, Charing

What was proposed

The application sought retrospective permission to continue a four-plot Gypsy and Traveller site with mobile homes, caravans, dayrooms, accesses, sheds, fencing and landscaping.

“Proposal for the continued use of land for a 4no. plot Gypsy / Traveller Site with 5no. mobile homes, 4no. touring caravans, 4no. existing dayrooms, 3no. existing access, 3no. existing sheds and 1no. new access with associated fencing and landscaping (Retrospective)”

Officer report

Planning history

The site has a long history of temporary permissions and enforcement, with the latest three-year permission expiring on 27 March 2023.

“Planning History 15. The application site has a long and complex planning and enforcement history dating back to 2000, including repeated applications for Gypsy and Traveller use and periods of temporary planning permission. Retrospective planning permission was refused in 2001 under application 00/01610/AS for a long-stay caravan pitch for a Gypsy family.”

“In 2016, an Injunction Order was obtained by the Council in respect of the application site and adjoining land to the east, part of which is within the wider blue-line ownership. This remains extant and is a material consideration. The purpose of the injunction was to restrain unauthorised development and intensification of use beyond that expressly permitted.”

Officer report

What officers recommended

Officers recommended permission because the site met the policy principle, there was unmet traveller need, and the latest appeal found no unacceptable landscape harm.

“The GTAA 2025, which replaces the previous GTAA 2018, now sets the Borough’s Gypsy and Traveller pitch need at 115 pitches by 2042, of which 53 are required in the first 5 years to 2028/29 (although these figures have now been reduced to 111 pitches by 2042 and 49 in the first 5 years to 2028/29 following the appeal decision in May 2025 at The Old Orchard, Rosemary Lane, Smarden). There is also a need for 4 Travelling Showperson’s Plots.”

“The Council cannot currently demonstrate a 5-year supply of Gypsy and Traveller sites. The appeal decision for application PA/2024/0482 discussed the Council’s unmet need and at paragraph 31 the Planning Inspector stated: “When I factor in as individual considerations the lack of 5-year supply, the current unmet need for pitches, the absence of a realistic alternative site, and the failure of policy that has led to this situation, the provision of 4 pitches adds…”

Officer report

Consultation and objections

The Parish Council objected over planning history, enforcement, policy, the sixth mobile home, landscape effects and nutrient mitigation; Natural England requested further information.

“The development remains in breach of planning control; • The proposal does not comply with policy as it restricts development outside designated settlements and this was central to the previous refusal; • The Council should decline to determine the current application as it is the same as the previous refused application, initiate appropriate enforcement action and reaffirm its commitment to the Local Plan and to maintaining public confidence in the planning system; • The…”

“Natural England; Further information required to determine impacts on designated sites. The proposed development has the potential to have a harmful effect on terrestrial Sites of Special Scientific Interest (SSSIs) and those Special Areas of Conservation (SACs), Special Protection Areas (SPAs) or Ramsar sites that they underpin.”

Officer report

Who spoke

The Ward Member spoke as both Parish Council representative and Ward Member, objecting to the application in both roles.

The committee decision

The committee resolved to grant permission, subject to an Appropriate Assessment, secured mitigation, delegated authority and conditions including removing the sixth mobile home.

“A Subject to applicant submitting any necessary additional information to enable the adoption of an Appropriate Assessment under the Habitats Regulations 2017 (as amended) by the Assistant Director - Planning and Development which identifies suitable mitigation proposals such that, in his view, having consulted the Solicitor to the Council and Natural England, the proposal would not have a significant adverse effect on the integrity of the Stodmarsh SAC, SPA and Ramsar Site…”

“C Subject to planning conditions and notes, including those dealing with the subject matters identified below, (but not limited to that list) and those necessary to take forward stakeholder representations, with wordings and triggers revised as appropriate and with any ‘pre- commencement’ based planning conditions to have been the subject of the agreement process provisions effective 01/10/2018.”

Minutes