Grandmother Patricia Shave who won court case opposing neighbour's plans for holiday lets in Marden, applies for some of her own
05:00, 13 August 2022
A grandmother who went to court over her neighbour’s plan to erect holiday homes in his back garden has now applied for planning permission for four lets of her own.
Patricia Shave, 70, of Stilebridge Lane, Marden, sought a judicial review over the way Maidstone council had reached its decision in December 2019 to allow her neighbour Paul Body to erect 18 holiday homes in a paddock behind his home.
She won, the decision was quashed, and the council was obliged to pay her £18,699 in costs.
The council subsequently reconsidered the application correctly and again granted Mr Body planning permission.
On the second occasion, Mrs Shave again threatened to take legal action, with her solicitors issuing a “proposed claim for judicial review,” but didn’t actually follow through.
Paul Nicholls, of the Graham Simpkins Planning consultancy which had represented Mr Body, said: “Mrs Shave was the key objector against my client’s plans.
"She made a point of saying that she did not want any holiday homes close to her, yet she has now applied for a holiday park herself in her own back garden.”
But her son Matthew Shave denied any suggestion of hypocrisy. He said: “My mum doesn’t actually want to build the holiday lets – of course she doesn’t. She lives there with my sister.
“When we objected to the application, we warned that if the council was prepared to grant permission there, it would effectively be making any patch of open space in the countryside vulnerable to a similar application.”
Mr Shave, who owns a yacht brokerage business in Majorca, said: “That’s what we are doing, testing the system.”
When objecting to her neighbour’s plans on the grounds of “amenity harm,” Mrs Shave had said: “The harm will be significant due to noise and disturbance, loss of privacy, odours and reduced outlook, light pollution with loss of dark sky. Holidaymakers in the countryside enjoy outdoors activities such as barbecues, games and music.”
This week she told KentOnline she couldn’t make any firm plans.
She said: “I’m waiting to see what the effect of the holiday homes next door will be. If the intrusion is too great, I may have to move – though I don’t want to.”
Mrs Shave has lived in her 300-year-old cottage since 1993 and raised her three children there. She is particularly afraid that water run-off from her neighbour’s plot would add to her flooding problems.
She said: “When it rains hard – not a problem at the moment – my garden already floods up to the step. I’m worried that any extra run-off will cause water to come in the house.”
Matthew added: “If my mother does end up having to move, I guess having planning permission for holiday lets may help increase her home’s value.”
Both applications are officially for holiday “caravans” but that is a technical definition and both will have the appearance of three-bedroom holiday lodges.
Mrs Shave is applying to Maidstone Borough Council for four timber-clad lodges on concrete hard-standings, with six extra parking spaces.
Marden Parish Council has not objected this time, although it did object to Mr Body’s plans.
But Graham Simkins Planning has objected, on behalf of Mr Body, saying that Mrs Shave had not submitted a drainage statement, ecological appraisal, reptile and bat report, great crested newt report, visual impact assessment, business plan or given a unilateral undertaking to remove permitted development rights – all of which Mr Body had been required to do.
They said that Mr Body did not object to the principle of the development.
The development of Mr Body’s site is expected to begin within a few months. Mrs Shave’s application has yet to be determined.
Click here and search 21/506038 for Mrs Shave’s application and reference number 19/500271 for Mr Body’s.
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