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Planning appeal decision

Allowed2 September 20213271380

Herts Farm Dengemarsh Road, Lydd, Romney Marsh, TN29 9JH

Planning appeal 3271380 at Herts Farm Dengemarsh Road, Lydd, Romney Marsh, TN29 9JH (Folkestone and Hythe District Council) was allowed on 2 September 2021 by Inspector Jolly J, by written representations. The main issue, as the Inspector framed it: whether planning permission is deemed to have been granted by reason of the timing of the Council's decision.

prior approval for a change of use of an agricultural building to a dwelling house (Class C3), and for building operations reasonably necessary for conversion

Authority
Folkestone and Hythe District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jolly J
Postcode
TN29 9JH

Main issues, as the Inspector framed them

  • whether planning permission is deemed to have been granted by reason of the timing of the Council's decision
  • if planning permission is not deemed to have been granted, whether the extent of the building operations proposed would be reasonably necessary to ensure that the proposed dwelling would be safe from flooding, having regard to the requirements of the GPDO

What decided it

The Council's failure to issue a decision notice within the 56-day period required by Paragraph W.(11)(c) of the GPDO resulted in planning permission being deemed to have been granted.

The decision letter

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More decisions in Folkestone and Hythe District Council

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

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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.

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