®Planning appeal decision
The Invicta Bar, 31 Windmill Street, Gravesend, DA12 1AS
Planning appeal 3267838 at The Invicta Bar, 31 Windmill Street, Gravesend, DA12 1AS (Gravesham Borough Council) was dismissed on 23 November 2021 by Inspector Warder S, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- DA12 1AS
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.
What the Inspector cited
- Development plan policies
- Policy CS12Policy CS19Policy CS20Policy CS02Policy CS05
- National Planning Policy Framework
- Paragraph 11Paragraph 130Paragraph 174Paragraph 180Paragraph 197Paragraph 199
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
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With an account
What an account adds to this decision
More decisions in Gravesham
The authority’s record since 2016 · every decision in 2021
- Allowed26 October 20266014077282 Lower Higham Road, Gravesend, DA12 2NR
- Allowed15 October 20266007106Blackthorn Farm, Wrotham Road, Culverstone Green, Meopham, Gravesend, DA13 0QW
- Dismissed24 September 2026601162126 St Johns Road, Higham, Rochester, ME3 7BZ
- Dismissed1 September 202660056037 Hornfield Cottages, David Street, Meopham, Gravesend, DA13 0BU
- Allowed20 August 20263361359Parsonage Farm, The Street, Cobham, Kent, DA12 3DG
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.