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Dismissed7 October 20213263530

Land Adjoining 1 Railway Cottages, Duck Street, Elham, Kent, CT4 6TP

Planning appeal 3263530 at Land Adjoining 1 Railway Cottages, Duck Street, Elham, Kent, CT4 6TP (Folkestone and Hythe District Council) was dismissed on 7 October 2021 by Inspector Jolly J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the surrounding area, including the Kent Downs Area of Outstanding Natural Beauty (AONB) with respect to planning policy and national policy.

for an outline application for the erection of three detached dwellings together with details of layout and access, improvements to the existing access with a short realignment of Duck Street

Authority
Folkestone and Hythe District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jolly J
Postcode
CT4 6TP

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the surrounding area, including the Kent Downs Area of Outstanding Natural Beauty (AONB) with respect to planning policy and national policy
  • whether the proposal is in a suitable location for residential development

What decided it

The proposal would harm the character and appearance of the AONB through the introduction of extensive hard-surfacing and formalised access in a rural location where development is limited, and the site is not in a suitable location due to limited local services and inevitable dependency on private motor vehicles.

What the Inspector cited

Development plan policies
PPLPCore Strategy 2020 Policy SS1Core Strategy 2020 Policy SS3Shepway Core Strategy 2013 Policy SS1Shepway Core Strategy 2013 Policy SS3Shepway Core Strategy 2013 Policy CSD3Core Strategy Review 2020 Policy SS1Core Strategy Review 2020 Policy SS3Core Strategy Review 2020 Policy CSD3
National Planning Policy Framework
Paragraph 176
Judgments
Braintree District Council v SSCLG & Ors (2017) EWHC 2743

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 applied

The decision letter

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More decisions in Folkestone and Hythe District Council

The authority’s record since 2016 · every decision in 2021

  1. Allowed23 October 20266010522
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  3. Dismissed30 September 20266007677
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  4. Dismissed30 September 20266004364
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  5. Dismissed30 September 20266004363
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.