®Planning appeal decision
May Tree Paddocks, Hawthorn Corner, Herne Bay , Kent, CT6 6TL
Planning appeal 3266281 at May Tree Paddocks, Hawthorn Corner, Herne Bay , Kent, CT6 6TL (Canterbury City Council) was dismissed on 21 September 2021 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: Whether the proposed dwelling would be in a suitable location having regard to local policies and the accessibility of services and facilities.
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
- Postcode
- CT6 6TL
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.
What the Inspector cited
- Development plan policies
- Policy SP4Policy SP1Policy DBE3Policy HD4Policy LB5Policy SP6Policy LB9
- National Planning Policy Framework
- Paragraph 80Paragraph 134
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 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.