A High Court judge has quashed a decision by Maidstone council to allow traveller caravans on a site in Staplehurst after a resident complained.

The legal action also saw the judge order the council to reconsider the application made by Thomas Smith for a caravan and touring caravan on the land, known as Blossom, Maplehurst Lane, Frittenden Road, Staplehurst.

The plot is part of a wider area known as “Perfect Place”.

But the planned use was far from perfect for one Staplehurst resident who challenged the decision with the benefit of an anonymity order.

Planning permission was granted in 2014 for a mobile home, touring caravan and barn on Perfect Place, subject to a condition that no more than one static and one touring caravan should be stationed on the land at any one time.

Mr Smith was granted planning permission for his caravans on Blossom in July 2015, the council’s planning officer taking the view that his personal circumstances and the shortfall in meeting demand for new gypsy and traveller sites justified approving this development.

But the anonymous resident took issue, claiming errors of law were made, and that council members failed to take into account nearby gypsy sites, three of which were in unlawful use.

They argued, in granting the 2014 Perfect Place permission, the council had concluded more caravans on the site would have an “unacceptable visual impact”.

Finding in their favour and quashing the permission, deputy judge Rhodri Price Lewis QC said members of the planning committee had been “significantly misled” by a planning officer’s report in relation to other gypsy and traveller sites in the area.

Such matters went to a “key issue in the decision, namely the extent of harm to the character of the area by the development.”

He considered there was “a real possibility” if committee members had been made aware of the unlawful nature of three other sites fronting onto Maplehurst Lane they would have reached a different decision.

James Bailey, Maidstone council’s development officer said: “The High Court’s decision is based on case-specific considerations and otherwise vindicates the council’s general approach to applications of this nature.”

The planning application will be considered at a later date. Maidstone council has given permanent planning permission for 29 pitches on 16 sites between June 2014 and June 2016.