Home   Gravesend   News   Article

Appeal over refusal to grant planning permission for illegal Fowler's Stone Woods development near Vigo Village refused

An inspector has refused an appeal over a controversial woodland development turned down by a council.

Unauthorised work was first reported in Fowler's Stone Wood in April 2020, leading to a High Court hearing which determined the development was illegal.

Aerial views of the development at Fowler's Stone Wood. Image from Gravesham Council report
Aerial views of the development at Fowler's Stone Wood. Image from Gravesham Council report

Concerns were raised after the landowners stationed caravans and mobile homes on the plot off Harvel Road, near Vigo Village.

A timber climbing frame, trampoline, plastic shed, chicken coop, gates and fencing were also found without the relevant planning permission.

Gravesham council was granted an interim injunction by the High Court a month later preventing work on site, which is deemed an “irreplaceable habitat” and sits within the Green Belt and the Meopham Down Special Landscape Area. It is also covered by a Woodland Tree Preservation Order.

Months later complaints were made over noise and smoke from bonfires at the site.

In April 2021, the council refused a retrospective application and it had previously been granted an injunction preventing work including the felling of trees.

A utility building with raised decking building on the unauthrorised site in Fowler's Stone Wood. Photo: Gravesham council
A utility building with raised decking building on the unauthrorised site in Fowler's Stone Wood. Photo: Gravesham council

The landowner, Gareth Daniel Sullivan, was later jailed for a year in October by the High Court, having accepted he was in breach of that injunction.

He had launched a planning appeal against the council's decision to refuse planning permission.

But today a government inspector turned away Mr Sullivan’s appeal citing several reasons, including a failure to serve notice on other interested parties and erroneous information.

It was not disputed that the area of land already developed extends "significantly beyond the red line area" of the application site. And some of the land within the area is not owned solely by Mr Sullivan.

The site as developed is "materially different" from the proposed area and notice had not been served on those other interests in the land.

There was also deemed to be a "significant wider public interest" in the application and appeal from local parties, and the proposal had been publicised on the basis of information found to be "substantively incorrect".

A tarmac road at the illegal development in Fowler's Stone Wood
A tarmac road at the illegal development in Fowler's Stone Wood

Inspector Peter Rose ruled the appeal to be invalid, adding to proceed would be both "inappropriate" and incur a "risk of serious prejudice to interested parties".

He added: "For the reasons given above, I conclude the appeal to be invalid. The procedural shortcomings of the current submission are not readily capable of any reasonable remedy.

"I am therefore not in a position to progress matters and so proceed to consider the planning merits of the case.

"Accordingly, I decline to determine the appeal and propose to take no further action."

Welcoming the decision, Cllr Lauren Sullivan, Gravesham council’s cabinet member for strategic environment, said: “I know the unlawful development at Fowler's Stone Wood has caused deep concern among local people, and want to assure them we continue to do everything in our power to resolve the situation once and for all.

Cllr Laura Sullivan, Gravesham council cabinet member for strategic environment, welcomed the decision
Cllr Laura Sullivan, Gravesham council cabinet member for strategic environment, welcomed the decision

“The planning and enforcement process can be lengthy and frustrating when an issue has occurred on your doorstep and directly affects you, but we have to be sure we follow the correct procedures and abide by the systems in place if we are to be successful in achieving the outcome everyone wants to see.

“I am grateful the inspector has recognised that Mr Sullivan’s appeal is invalid.

“Our enforcement and legal officers continue to work to have the illegal development at Fowler's Stone Wood removed and the site restored to its natural state.”

Close This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.Learn More