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Planning appeal decision

Dismissed23 November 20213267838

The Invicta Bar, 31 Windmill Street, GRAVESEND, DA12 1AS

a first floor rear extension to provide a one bedroom flat incorporating the existing staircase to the upper floor accommodation and including the re-roofing of existing building

Authority
Gravesham Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Warder S

Main issues, as the Inspector framed them

  • whether the proposal would be likely to have a significant adverse effect, alone or in combination, on the North Kent Marshes Special Protection Area (SPA)/Ramsar Sites or, if necessary, provide satisfactory mitigation
  • the effect of the proposal on the character and appearance of the site and the Upper Windmill Street Conservation Area

What decided it

The absence of a secured mechanism to provide the required mitigation contribution to the Thames, Medway and Swale Estuaries SAMM meant the proposal could not be found to avoid a significant adverse effect on the North Kent Marshes SPA/Ramsar Sites, contrary to Policy CS12 and Framework paragraphs 174 and 180.

The modest contribution to housing supply was outweighed by the failure to secure mitigation for effects on internationally designated habitat sites, and the tilted balance in paragraph 11d did not apply because habitats sites are a carve-out from that presumption.

Framework references: 11, 130, 174, 180, 197, 199

Plan policies cited: Policy CS12, Policy CS19, Policy CS20, Policy CS02, Policy CS05

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.