A family who have lived on the same piece of land for almost 30 years could be forced to up sticks after the council ruled the development unlawful.

The site in Thruxted Lane in Chartham - owned by Maurice Thomas - is used for mobile homes and caravans, keeping horses and as a cherry orchard.

But following an application by Mr Thomas to the council for a lawful development certificate for its existing mixed use, officers found the use of the site breached planning law.

They say there is insufficient evidence to show the land, called Underdown Orchard, has been used for caravans, horses and agriculture for more than 10 years.

If Mr Thomas had been able to prove this, then any planning breach would have expired, avoiding any enforcement action.

But he now faces having to appeal the decision or apply for planning permission retrospectively, which if refused could see the authority rule the caravans and mobile homes should be removed.

Mr Thomas, who lives on the land in a brick building, said in a statement to the council that he moved there with his wife and four children in 1993 and, since then, the site has been used for all three uses.

His now grown-up children also live there with their families.

Mr Thomas told the council he has had a fruit orchard on the site for 20 years and has always kept horses for the children living there.

He says the number of caravans has varied over the years but there has always been mobile homes and touring caravans in which people have lived.

His statement is supported by Peter Laker MBE, who was the parish special constable for Chartham for 40 years.

He says he has known Mr Thomas since 1994 and has always known him to live there, keep horses and have an orchard.

But council spokesman Rob Davies says it was considered that insufficient evidence had been provided by Mr Thomas and so a lawful development certificate could not be granted.

“The applicant now has three options - appeal against the council’s decision, provide more evidence in another application for consideration by the council, or apply for planning permission,” he added.

“The planning enforcement team will look to work with the applicant to resolve the situation.”

A separate application for a lawful development certificate for the change of use of a utility building to a dwelling - Mr Thomas’s home - was deemed lawful.

Mr Thomas declined to comment when approached by the Gazette.

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