Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed2 November 20213268392

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

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 applied

The 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

38 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Swale

The authority’s record since 2016 · every decision in 2021

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
  2. Allowed10 December 20253365131
    Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
  3. Dismissed23 October 20253365056
    Cowstead Farm, Queenborough Road, Halfway, Kent, ME12 3RL
  4. Dismissed2 October 20253360939
    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
  5. Dismissed29 July 20253357228
    Land 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.