26 Western Esplanade, Herne Bay, CT6 8RW

Planning appeal 3271141 at 26 Western Esplanade, Herne Bay, CT6 8RW (Canterbury City Council) was dismissed on 13 September 2021 by Inspector Callister V, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the appeal site and the local area.

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
Postcode: CT6 8RW

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.

What the Inspector cited

Development plan policies: Policy DBE3Policy LB5Policy SP1Policy SP6
National Planning Policy Framework: Paragraph 130Paragraph 57Paragraph 15

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.

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The decision letter

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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.