Planning appeal decision
Land at Gore Farm, Chaffes Lane, Upchurch, Kent, ME9 7BE
Planning appeal 3268392 at Land at Gore Farm, Chaffes Lane, Upchurch, Kent, ME9 7BE (Swale Borough Council) was allowed on 2 November 2021 by Inspector Bowyer J, by written representations. The main issue, as the Inspector framed it: Whether the development would be a suitable location for housing having regard to relevant local and national policy, including: (i) the position of the site within the countryside and its accessibility to services and facilities; (ii) the effect of the proposal on the character and appearance of the area; and (iii) the effect of the proposal on best and most versatile agricultural land.
change of use of land from agricultural to residential and the erection of two C3 dwellinghouses
- Authority
- Swale Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Bowyer J
- Postcode
- ME9 7BE
Main issues, as the Inspector framed them
- Whether the development would be a suitable location for housing having regard to relevant local and national policy, including: (i) the position of the site within the countryside and its accessibility to services and facilities; (ii) the effect of the proposal on the character and appearance of the area; and (iii) the effect of the proposal on best and most versatile agricultural land
What decided it
The absence of a 5-year housing supply triggered the tilted balance test under paragraph 11(d) of the Framework, and the modest adverse impacts of the proposal did not significantly and demonstrably outweigh the benefits of providing additional dwellings to address the housing supply deficit.
The modest adverse impacts comprising harm to landscape, character and appearance, loss of agricultural land, and reliance on private vehicles were outweighed by the significant benefit of providing 2 additional dwellings to address the housing supply deficit, supported by the presumption in favour of sustainable development and the Framework's objective to boost housing supply from a variety of sites
What the Inspector cited
- Development plan policies
- Policy ST 3Policy ST 5Policy ST 1Policy CP 3Policy DM 31Policy DM 3
- National Planning Policy Framework
- Paragraph 11Paragraph 56
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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More decisions in Swale
The authority’s record since 2016 · every decision in 2021
- Allowed8 July 20263376221Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
- Allowed10 December 20253365131Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
- Dismissed23 October 20253365056Cowstead Farm, Queenborough Road, Halfway, Kent, ME12 3RL
- Dismissed2 October 202533609392 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
- Dismissed29 July 20253357228Land at Honeysuckle Drive, Minster on Sea, Kent, ME12 3RE
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.
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