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Planning appeal decision

Allowed29 October 20213271194

87 Rock Avenue, Gillingham, Kent, ME7 5PX

Planning appeal 3271194 at 87 Rock Avenue, Gillingham, Kent, ME7 5PX (Medway Council) was allowed on 29 October 2021 by Inspector Bowyer J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character of the area.

Change of use from 6-bed house of multiple occupancy (Class C4) to 7-bed house of multiple occupancy (Sui-Generis)

Authority
Medway Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bowyer J
Postcode
ME7 5PX

Main issues, as the Inspector framed them

  • the effect of the proposal on the character of the area
  • the effect of the proposal on the living conditions of the occupiers of neighbouring dwellings with particular regard to noise and disturbance

What decided it

The existing occupation of the site as a 6-bed HMO and the limited increase in occupancy (one additional single-occupancy bedroom) meant that multiple occupation was not new to the site and levels of activity would be unlikely to be significantly greater than already occurring, combined with the presence of other HMOs and mixed uses in the vicinity.

Material considerations (the existing HMO use, limited increase in occupancy, and presence of other HMOs and mixed uses in the area) outweighed the conflict with the specific location provisions of saved Policy H7 regarding the predominantly mixed-use or commercial character requirement.

What the Inspector cited

Development plan policies
Policy H7Policy BNE2
National Planning Policy Framework
Paragraph 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.

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The decision letter

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More decisions in Medway

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

  1. Allowed14 July 20266002996
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  2. Dismissed10 June 20266006543
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  3. Dismissed29 May 20266005151
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  4. Allowed9 April 20266001915
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  5. Dismissed5 February 20266000877
    44a Fox Street, Gillingham, ME7 1HH

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.