Planning appeal decision
Land Adjoining 13 Heron's Way, Hythe, Kent, CT21 6QS
Planning appeal 3245294 at Land Adjoining 13 Heron's Way, Hythe, Kent, CT21 6QS (Folkestone and Hythe District Council) was allowed on 5 August 2021 by Inspector Ayres J, by written representations. The main issue, as the Inspector framed it: Whether the proposal passes the flood risk sequential assessment and exception tests taking into account the fact that the site falls within flood zone 3.
the erection of no. 3 dwellings with associated parking and landscaping
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Ayres J
- Postcode
- CT21 6QS
Main issues, as the Inspector framed them
- Whether the proposal passes the flood risk sequential assessment and exception tests taking into account the fact that the site falls within flood zone 3
What decided it
The proposal satisfied both the sequential test and exception test for flood risk development, with the wider sustainability benefits outweighing the flood risk once flood defence improvements and resilient design measures were secured by condition.
The wider sustainability benefits of the development outweighed the flood risk, provided that flood defence improvements were completed and flood-resilient construction measures were implemented.
What the Inspector cited
- Development plan policies
- SS3CSD5
- National Planning Policy Framework
- Paragraph 159Paragraph 162Paragraph 164
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision


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The authority’s record since 2016 · every decision in 2021
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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