®Planning appeal decision
26 Western Esplanade, HERNE BAY, CT6 8RW
demolition of existing garage. New detached dwelling with associated parking
- Authority
- Canterbury City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Callister V
Main issues, as the Inspector framed them
- The effect of the proposal on the character and appearance of the appeal site and the local area
- The lack of a signed and completed Unilateral Undertaking (UU) pursuant to Section 106 of the Town and Country Planning Act 1990 (As Amended)
What decided it
The submitted Unilateral Undertaking was ineffective because its payment trigger could not be met by an appeal decision, leaving the proposal without the necessary mitigation measures for the Special Protection Area and causing material planning harm that outweighed the minimal benefits of a single dwelling.
The minimal public benefits of providing a single dwelling were outweighed by the lack of a completed Unilateral Undertaking concerning appropriate mitigation and avoidance measures required by adopted policies.
Framework references: 130, 57, 15
Plan policies cited: Policy DBE3, Policy LB5, Policy SP1, Policy SP6
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.