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Planning appeal decision

Dismissed21 September 20213266281

May Tree Paddocks, Hawthorn Corner, Herne Bay , Kent, CT6 6TL

a detached two-storey dwelling with detached single- storey car port

Authority
Canterbury City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Smith D

Main issues, as the Inspector framed them

  • Whether the proposed dwelling would be in a suitable location having regard to local policies and the accessibility of services and facilities
  • The effect on the character and appearance of the countryside
  • Whether the design of the proposed dwelling would be of an exceptional quality or innovative nature
  • The effect on the integrity of the Thanet Coast and Sandwich Bay Special Protection Area and the Stodmarsh Special Area of Conservation

What decided it

The failure to secure a binding unilateral undertaking from all parties with an interest in the land to fund mitigation of impacts on the Special Protection Area meant the proposal would adversely affect its integrity in breach of the Conservation of Habitats and Species Regulations.

The significant positive contribution from the sustainable construction and biodiversity benefits was outweighed by the overriding consideration that the proposal would adversely affect the integrity of the Special Protection Area due to defective mitigation arrangements.

Framework references: 80, 134

Plan policies cited: Policy SP4, Policy SP1, Policy DBE3, Policy HD4, Policy LB5, Policy SP6, Policy LB9

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.