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Planning appeal decision

Dismissed30 November 20213265289

39 Oxford Street, Whitstable, CT5 1DB

Planning appeal 3265289 at 39 Oxford Street, Whitstable, CT5 1DB (Canterbury City Council) was dismissed on 30 November 2021 by Inspector Wallis D, by written representations. The main issue, as the Inspector framed it: whether or not the proposal preserves or enhances the character or appearance of designated and undesignated heritage assets.

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
Postcode
CT5 1DB

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.

What the Inspector cited

Development plan policies
DBE3DBE6HE1HE4HE5HE6HE8SP1SP6LB5LB9
National Planning Policy Framework
Paragraph 201Paragraph 202
Judgments
Court of Justice of the European Union 2018

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 Canterbury City Council

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

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  3. Allowed24 September 20266010614
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  5. Dismissed11 August 20266009628
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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.