Land at Whitstable Beach, Whitstable Foreshore, Whitstable, Kent, CT5 1EG

Main issues, as the Inspector framed them

• the effect of the development on the environment and ecology of the Swale Special Protection Area (SPA), the Swale Site of Special Scientific Interest (SSSI), the Swale RAMSAR site and the Swale Estuary Marine Conservation Zone (MCZ)
• the effect of the development on the character and appearance of the surrounding area including the setting of the Whitstable Conservation Area
• the effect of the development on the local economy, including local tourism
• the effect of the development on the recreational use of the area and the safety of marine traffic and recreational users of the coastal area and foreshore (e.g. sailors, windsurfers and swimmers)
• pollution caused by litter from the oyster production operation
• potential harm to archaeological remains

What decided it

Natural England's confirmation, following further ecological survey, that the trestles would not adversely affect the protected sites, combined with the finding that the seaward (non-appealable) trestles would remain regardless of the outcome, meant none of the identified harms were sufficient on their own to justify refusal.

Some additional risk to recreational water users and some inconvenience from restricted access were weighed against the trestles' contribution to ecology (no harm found), character and appearance (no adverse impact), the local economy/tourism (some benefit), and the fact the wider farm would remain regardless; the balance favoured allowing the appeals.