®Planning appeal decision
Land East Of 58 Dover Road Five Ash Road , Gravesend , Kent, DA11 0RE
erection of a pair of semi-detached dwellings with associated parking, landscaping and access
- Authority
- Gravesham Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wallis D
Main issues, as the Inspector framed them
- the effect of the development upon the character and appearance of the area
- the effect of the development upon the living conditions of existing and future residents
- whether or not the proposed would have a likely significant effect upon the integrity of a designated site on the Thames Estuary and Marshes Ramsar Site and Special Protection Area (SPA)
What decided it
The absence of adequate mitigation for the adverse effect on the integrity of the SPA, combined with the unacceptable harm to character and appearance and living conditions, outweighs the benefit of housing delivery in a context of housing land supply shortfall.
Although the Council cannot demonstrate five-year housing land supply, the clear conflict with NPPF paragraphs 180 and 181 regarding protection of high biodiversity sites in the absence of mitigation, combined with the fundamental harms to character and appearance and living conditions, justified dismissal under NPPF 11(d)(i).
Framework references: 11, 180, 181
Plan policies cited: CS19, CS12
Judgments cited: Court of Justice of the European Union 2018 ruling on European Sites
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.