Wilsons Yard

Client: Ashurst Construction
Local Planning Authority: Maidstone District Council

Our existing client purchased this site, which was previously used for light industry and agricultural purposes across two planning units, within a single building. Two applications for Prior Approval were made 2018 (18/50616/PNPA) and 2019 (19/501420/PNQCLA) had granted permission for the change of use of the land and buildings to 6 residential dwellings. Unfortunately, during construction the Council visited site and considered that the extent of work being undertaken exceeded those allowed via permitted development and threatened to take enforcement action - saying the development no longer benefitted from any form of permission. 

We were asked to advise and assist in resolving the situation. Following a review, we met with our client and Counsel to establish the best way forward. Given the site's complex planning history, and long history of planning applications being refused (and then dismissed at appeal) we chose to actively engaged with enforcement officers to try and rebut their concerns, but it became apparent the Council were not going to drop their chosen course of action.

As a result it was agreed that we progress a planning application and discussions were had with officers to ensure that the application was seen in the most favourable light. A project team was quickly assembled and a detailed planning application prepared. The proposal was contrary to the adopted Development Plan and as such a number of significant benefits were included in the proposal such as extensive private and communal landscaped areas (including allotments and an orchard), parking area with all spaces served by electric chargers, rainwater harvesting, attenuation, and ecological enhancements. In preparing and submitting the application, we worked with our client to engage with local residents, the Parish Council, and managed to gain the support of the local District Councillor.

The application was recommended for approval by the case officer despite being considered by them to be a departure from the adopted Development Plan. As it was considered a departure, the proposal was heard by the council's Planning Committee and we are delighted to report that it unanimously supported by Councillors.