Planning Inspectorate Ref: APP/A2280/W/20/3259868
Medway Council Ref: MC/19/1566
Land Off Pump Lane, Rainham
APPEAL by A C Goatham & Son
Evidence of Richard John Lloyd-Hughes
Appendix RLH 05
Applications for new buildings on Appellants’ orchard land, comprising:
- 20/501645/FULL Gore Farm Upchurch, farm building decision notice
- 20/501645/FULL Gore Farm Upchurch, farm building site plan
- 20181247-SCON3 New Green Farm Shorne, farm building decision notice
- 20181247-SCON3 New Green Farm Shorne , farm building site plan
- MC /13/1091 Bloors Farm, farm building decision notice
- MC /13/1091 Bloors Farm, farm building site plan
MKPS – Working in Partnership with: Swale Borough Council
Please Note: All planning related correspondence for SBC should be sent to:
Mid Kent Planning Support, Maidstone House, King Street, Maidstone ME15 6JQ Email: [email protected]
Access planning services online at: www.swale.gov.uk or submit an application via www.planningportal.co.uk
5 August 2020
PLANNING DECISION NOTICE
APPLICANT: AC Goatham & Son
DEVELOPMENT TYPE: All other minor development APPLICATION
REFERENCE:
20/501645/FULL
PROPOSAL: Erection of an agricultural building for secure storage, including provision of an area of hardstanding and concrete for access and bin storage.
ADDRESS: Gore Farm, Chaffes Lane, Upchurch, Kent, ME9 7BE
The Council hereby GRANTS permission/consent for the proposal referred to above subject to the following Condition(s):
(1) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which the permission is granted. Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
AC Goatham & Son C/O Bloomfields FAO: Mrs Beth Watts Bloomfields
77 Commercial Road Paddock Wood TN12 6DS
(2) No development shall take place other than in accordance with the following approved plans: ACG&S-GFGB-30, ACG&S-GFGB-32, ACG&S-GFGB-33, ACG&S-GFGB-34, ACG&S-GFGB-35 & Planning Statement.
Reason: To ensure a satisfactory appearance to the development and to safeguard the visual amenities of the countryside.
(3) The buildings hereby permitted shall not be used other than for agricultural purposes. Reason: In the interests of the amenities of the area.
(4) No demolition/construction activities shall take place, other than between 0800 to 1800 hours (Monday to Friday) and 0800 to 1300 hours (Saturday) with no working activities on Sunday or Bank Holiday.
Reason: In the interest of the amenities of occupies of neighbouring properties. Informative(s):
(1) No furniture may be erected on or across Public Rights of Way without the express consent of the Highway Authority
There must be no disturbance of the surface of the right of way, or obstruction of its use, either during or following any approved development.
Planning consent does not confer consent or a right to disturb or unofficially divert any Public Right of Way at any time without the express permission of the Highway
Authority.
The Council’s approach to this application:
In accordance with paragraph 38 of the National Planning Policy Framework (NPPF), February 2019 the Council takes a positive and proactive approach to development proposals focused on solutions. We work with applicants/agents in a positive and creative way by offering a
pre-application advice service, where possible, suggesting solutions to secure a successful outcome and as appropriate, updating applicants / agents of any issues that may arise in the processing of their application.
In this instance:
The application was acceptable as submitted and no further assistance was required.
If your decision includes conditions, there is a separate application process to discharge them. You can apply online at, or download forms from, www.planningportal.co.uk (search for
'discharge of conditions').
If your decision includes conditions that need to be discharged, please be advised that there is a separate application process to discharge them which includes a fee. For more information on this please visit https://www.planningportal.co.uk/info/200126/applications/60/consent_types/12 and to submit an application for approval of details (discharge conditions) please use this link https://www.planningportal.co.uk/applications
Please be advised that irrespective of whether your proposal requires planning permission or not, it may still require Building Regulation Approval. For more information on this please visit our website
https://www.swale.gov.uk/building-control
NOTIFICATION TO APPLICANT FOLLOWING REFUSAL OF PERMISSION OR GRANT OF PERMISSION SUBJECT TO CONDITIONS
This decision does not give approval or consent that may be required under any act, bylaw, order or regulation other than Section 57 of the Town and Country Planning Act 1990.
Appeals to the Secretary of State
If you are aggrieved by the decision of your local planning authority (LPA) to refuse permission for the proposed development, or to grant it subject to Conditions, then you can appeal to the Secretary of State (SoS) under Section 78 of the Town and Country Planning Act 1990. Please
see “Development Type” on page 1 of the decision notice to identify which type of appeal is relevant.
If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice and if you want to appeal against the LPAs decision on your application, then you must do so within 28 days of the date of this notice.
If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against the LPA’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder or minor commercial application decision] of the date of this notice, whichever period expires earlier.
If this is a decision to refuse planning permission for a Householder application or a
Minor Commercial application and you want to appeal the LPA’s decision, or any of the
conditions imposed, then you must do so within 12 weeks of the date of this notice. In all other cases, you will need to submit your appeal against the LPA’s decision, or any
of the conditions imposed, within 6 months of the date of this notice. Appeals can be made online at: https://www.gov.uk/planning-inspectorate.
If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on tel: 0303 444 5000.
If you intend to submit an appeal that you would like examined by inquiry then you must notify the Local Planning Authority ( [email protected] ) and Planning Inspectorate
([email protected]) at least 10 days before submitting the appeal.
Further details are on GOV.UK.
The SoS can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The SoS need not consider an appeal if it seems to the SoS that the LPA could not have granted planning permission for the proposed development or could not have granted it without
the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
40 20 0 20 Scale Bar 60 80 100 4 OAK LANE Club House Tank Starborne Water Ruin
Golf Driving Range
Path (um) Track Lay-by Path Track OastThe The Cart Lodge
Track 16.2m Tank Pond Gore Cottages 4 Reservoir 1 Pond 22.9m 30.2m 13.7m Gore 15.2m Oast Lane Oast Lane Oast Lane
Upchurch Golf Club
OAK LANE 2 1 3 Location Plan JOB TITLE SITE SCALE 1:2500@A3 DRAWING No. DRAWING TITLE DATE ACG&S-GFGB-30 05.03.20
A.C. GOATHAM & Son
REV DATE ISSUE
A
Gore Farm, Oast Lane Upchurch, Sittingbourne
DRAWN
LFB
AC Goatham & Son Flanders Farm, Ratcliffe Highway, Rochester, Kent ME3 8QE 01634 253424 06.03.20 Preliminary Issue
Kent ME9 7BE
Proposed General Purpose Building
Crown Copyright and database rights 2019. OS 100031961 National Map Centre. Purchased 10/09/2019 1 year licence.
AAAGRZ
Application: 20181247 TOWN AND COUNTRY PLANNING ACTS
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
DETERMINATION AS TO WHETHER PRIOR APPROVAL IS REQUIRED
To: AC Goatham And Son
C/O Mr Thomas Ogden, Bloomfields 77 Commercial Road
Paddock Wood Tonbridge TN12 6DS
TAKE NOTICE that the GRAVESHAM BOROUGH COUNCIL, the Local Planning Authority
under the Town and Country Planning Acts, has DETERMINED THAT PRIOR APPROVAL of the details of siting and appearance of agricultural or forestry development IS NOT REQUIRED at Land At Green Farm
Green Farm Lane Shorne
Gravesend Kent
and being determination as to whether prior approval is required for the erection of a new
agricultural building to provide storage for machinery and farm equipment. Referred to in
your application dated 30th November 2018.
INFORMATIVES:-1 APPROVED DRAWINGS AND DOCUMENTS
For the avoidance of doubt the approved drawings/documents are: Application Form;
Supporting Planning Statement; OS Plan 1:10000;
Drawing No.ACG&S-GF-800 - Location Plan (Received 2.1.19); Drawing No.ACG&S-GF-801 - Existing Block Plan (Received 2.1.19); Drawing No.ACG&S-GF-802 - Proposed Block Plan (Received 2.1.19); Drawing No.ACG&S-GF-803 - Site General Arrangement (Received 2.1.19); Drawing No.ACG&S-GF-804 - Plan View;
Drawing No.ACG&S-GF-805 - External Elevations; and Drawing No.ACG&S-GF-806 - Site Plan.
2 GENERAL PERMITTED DEVELOPMENT ORDER 2015 (AS AMENDED) SCHEDULE 2 PART 6 A.2 (5) (A) (B)
The applicant is advised that where:
(a) The use of the building or extension for the purposes of agriculture within the unit permanently ceases within 10 years from the date on which the development was substantially completed; and (b) Planning permission has not been granted on an application, or has not been deemed to be granted under Part 3 of the Act, for development for purposes other than agriculture, within 3 years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,
then, unless the Local Planning Authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, must be removed from the land and the land must, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the Local Planning
Authority and the developer.
3 STATEMENT OF POSITIVE AND PROACTIVE APPROACH TO DECISION-MAKING
In accordance with Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended), and paragraph 38 of the National Planning Policy Framework (NPPF) 2018, the Local Planning Authority has approached the assessment and determination of this application in a positive and creative way and, where appropriate, has worked pro-actively with the applicant to secure a development that is sustainable and that improves the economic, social and environmental conditions of the area, and that is in accordance with the Development Plan for the area.
Dated: 2 January 2019 Civic Centre Windmill Street Gravesend Kent DA12 1AU
Planning & Regeneration Services
This image cannot currently be displayed.
18.0m
Track
Farm View Cottage
23.0m Tunbrick Cross 4 Track Workings Red House Chalk Pit (disused) 2 Rookfield LOWER ROAD Track 1 New Cottages
Green Farm Cottages
Green Farm Pond 16.9m 2 (dis) 40 20 0 20 Scale Bar LOWER ROAD LOWER ROAD
GREEN FARM LANE
GREEN FARM LANE
50 Existing Access Proposed Agricultural Barn Proposed Hardstanding 995.6 Sq Mtrs Total Proposed
National Map Centre - Ordnance Survey
Data provider copyright : © Crown Copyright and database rights 2018. OS 100031961 Coordinate reference system : British National Grid (OSGB36®)
Location Plan JOB TITLE SITE SCALE 1:2500@A3 DRAWING No. DRAWING TITLE DATE ACG&S-GF-800 05.09.18
A.C. GOATHAM & Son
REV DATE ISSUE
A
New Green Farm
Lower Shorne, Gravesend
DRAWN
LFB
AC Goatham & Son Flanders Farm, Ratcliffe Highway, Rochester, Kent ME3 8QE 01634 253424 18.10.18 Preliminary Issue Kent DA12 3HL
Proposed Agricultural Barn and Hardstanding
B 10.12.18 & Issued for Planning Application
Updated following Councils Request
C 02.02.19 to remove North to South Track
Updated following Councils Request
Decision Notice
MC/13/1091
Mr S Kenny
Rural Partners Ltd
Parkhouse Farm
Harbottle
Morpeth
Northumberland
NE65 7BD
App's Name F.W. Mansfield & Son
Housing and Regeneration
Regeneration, Community and Culture
Gun Wharf
Dock Road
Chatham
Kent ME4 4TR
Telephone: 01634 331700
Facsimile: 01634 331195
Minicom:01634 331300
TOWN & COUNTRY PLANNING ACT 1990
Town & Country Planning (Development Management Procedure) (England) Order
2010
Proposal: Construction of a detached secure store/general purpose building with staff
facilites
Location: BLOORS FARM, LOWER BLOORS LANE, RAINHAM, KENT ME8 7TP
Notification of Grant of Planning Permission to Develop Land.
Take Notice that the Medway Council in pursuance of its powers under the above Act HAS
GRANTED PERMISSION for the development of land as described above in accordance
with your application for planning permission received complete on 6 May, 2013.
1
The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning
Act 1990 (as amended).
2
The development hereby permitted shall be carried out in accordance
with : WM/409/01, WM/409/500, WM/409/125 received on 7 May 2013.
Reason: For the avoidance of doubt and in the interests of proper
planning.
3
All planting in the scheme of landscaping detailed on drawing WM/409/01
shall be implemented during the first planting season following completion
of the building or hardstaning, whichever is the sooner. Any trees or
plants which within 5 years of planting are removed or become seriously
damaged or diseased shall be replaced in the next planting season with
others of a similar size and species, unless the Authority gives written
consent to any variation.
Reason: Pursuant to condition 197 of the Town and Country Planning
Act 1990 and to protect and enhance the appearance and character of the
site and locality, in accordance with Policy BNE1 and BNE6 of the
Medway Local Plan 2003.
Your attention is drawn to the following informative(s):-
The proposals the subject of this planning application have been considered under
the provisions of the Medway Local Plan 2003 (the Local Plan), most particularly
Policies BNE1, BNE2, BNE6, BNE25, BNE34, BNE12, BNE8 and T1 of the Local
Plan, and having regard to the proximity to neighbouring properties and the siting,
design and appearance of the proposed new development, the submitted
application is considered to be in accordance with the above mentioned
Development Plan Policies.
In accordance with paragraphs 186 and 187 of the NPPF Medway Council takes a
positive and proactive approach to development proposals focused on solutions.
Medway Council works with applicants/agents in a positive and proactive manner
by;
Offering a pre-application advice service,
Updating applicants/agents of any issues that may arise in the processing of
their application,
Where possible suggesting solutions,
Informing applicants/agents of any likely recommendation of refusal prior to a
decision and,
By adhering to the requirements of the Development Management Customer
Charter.
In this instance
The applicant/agent was updated of any issues after the initial site visit.
PLEASE NOTE : This site is located within the Gillingham Riverside Area of Local
Landscape Importance. Should any crates remain on site outside of picking
season please relocate them to be stored on the approved hardstanding, to allow for
the recovery of the grass landscape and the visual amenity of this area.
This planning decision relates to Planning Statement and Design and Access Statement
received on 7 May 2013 and crate storage plan received on 11 July 2013.
Signed
David Harris
Development Manager
Date Of Notice 16 July, 2013
TOWN & COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)
(ENGLAND) ORDER 2010
TOWN AND COUNTRY PLANNING ACT 1990
Appeals to the Secretary of State
If you are aggrieved by the decision of your Local Planning Authority to refuse
permission for the proposed development or to grant it subject to conditions, then
you can appeal to the Secretary of State under section 78 of the Town and Country
Planning Act 1990.
If you want to appeal against your Local Planning Authority’s decision then you
must do so within 6 months of the date of this notice.
However, if an enforcement notice has been served for the same or very similar
development within the previous 2 years, the time limit is:
28 days from the date of the LPA decision if the enforcement notice was served
before the decision was made yet not longer than 2 years before the application
was made.
