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Planning appeal decision

Dismissed30 November 20213265289

39 Oxford Street, WHITSTABLE, CT5 1DB

change of use from retail to residential at first floor together with first floor rear extension

Authority
Canterbury City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Wallis D

Main issues, as the Inspector framed them

  • whether or not the proposal preserves or enhances the character or appearance of designated and undesignated heritage assets
  • the effect upon the living conditions of neighbouring occupiers with particular regard to outlook
  • the effect upon the integrity of the Thanet Coast and Sandwich Bay Special Protection Area and the Thames, Medway and Swale Special Protection Area (the SPAs)

What decided it

The less than substantial harm to the character and appearance of the Conservation Area and heritage assets, combined with the overbearing impact on neighbouring living conditions, could not be justified by the limited public benefits of the proposal.

The public benefits of the proposal, comprising the creation of a single dwelling and minor enhancements to the building's appearance, did not outweigh the less than substantial harm to the character and appearance of the Conservation Area and the harm to neighbouring living conditions; great weight was given to the conservation of the heritage assets.

Framework references: 201, 202

Plan policies cited: DBE3, DBE6, HE1, HE4, HE5, HE6, HE8, SP1, SP6, LB5, LB9

Judgments cited: Court of Justice of the European Union 2018

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.