Gypsy/Traveller caravan sites and supply of pitches

On 13 August 2025, Inspector King upheld the Enforcement Notice and dismissed a s174 appeal (which included a deemed planning application pursuant to ground (a)) concerning the stationing of caravans for residential use in excess of the numbers permitted by a 2021 permission.

The appeal related to land at Romany Green Acres, Well Lane, Fordwich, Canterbury.

The main issues in the appeal were:

1. The need and provision made for gypsy and traveller sites within the Canterbury City Council area;
2. The effect of the development on the character and appearance of the surrounding area;
3. The development’s effect on highway safety; and
4. Its effect on the Stodmarsh Nature Reserve.

The Inspector noted the Council’s inability to demonstrate a five-year supply of land for gypsy and traveller accommodation purposes. However, as the Appellant had not provided any information on the provenance or status of the caravans’ occupiers, the Inspector could not say with certainty that the tilted balance should apply.

The Inspector held that the increase in caravans had brought about a perceived coalescence of land. The development had also given rise to on and off-site impacts including an increase in vehicles entering and leaving the site and the Appellant’s inability to demonstrate that wastewater discharges would not have an adverse effect on the integrity of the Stodmarsh Nature Reserve, Special Area of Conservation/Ramsar site. In the absence of any clear mitigation strategy for achieving nutrient neutrality, the Inspector found at para 46 of his decision that the Appellant’s mere assertions that the development would not result in an adverse effect to the integrity of the protected site was a “less than diligent approach”.

The Inspector therefore concluded that the development was in conflict with the development plan as a whole and that there was little to convince him that there were any clear material considerations which would override the policy objections.

Claire Nevin is a barrister at Francis Taylor Building. She represented the Interested Party, Fordwich Town Council.