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Dismissed7 January 20223270807

Jays Wood, Canterbury Road, Boughton Under Blean, Kent, ME13 9NY

Planning appeal 3270807 at Jays Wood, Canterbury Road, Boughton Under Blean, Kent, ME13 9NY (Swale Borough Council) was dismissed on 7 January 2022 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: Whether the site is suitable for the proposed development, having regard to the spatial strategy of the development plan, the effect of the proposed development on the character and appearance of the area and access to services and facilities.

combined development comprising a single storey dwelling house with animal rescue sanctuary and associated maintenance building and teaching facility

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Davies N
Postcode
ME13 9NY

Main issues, as the Inspector framed them

  • Whether the site is suitable for the proposed development, having regard to the spatial strategy of the development plan, the effect of the proposed development on the character and appearance of the area and access to services and facilities
  • The effect of the proposed development on highway safety
  • The effect of the proposed development on existing trees protected by a Tree Preservation Order (TPO)
  • The effect of the proposed development on ecology

What decided it

The harmful effect on character and appearance of the countryside, combined with inadequate access to services and facilities, undemonstrated highway safety, loss of TPO trees, and unresolved ecology concerns, outweighed the minimal housing supply benefit.

The adverse impacts on character and appearance, access to services and facilities, highway safety, TPO trees and ecology significantly and demonstrably outweighed the benefits of housing supply and support for the animal rescue enterprise, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Policy ST1Policy ST3Policy DM14Policy DM29Policy DM30Policy CP4
National Planning Policy Framework
Paragraph 80Paragraph 85Paragraph 11

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

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More decisions in Swale

The authority’s record since 2016 · every decision in 2022

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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.

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.