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Planning appeal decision

Dismissed30 November 20213274549

86 Church Street, Whitstable, CT5 1PF

Planning appeal 3274549 at 86 Church Street, Whitstable, CT5 1PF (Canterbury City Council) was dismissed on 30 November 2021 by Inspector Wallis D, by written representations. The main issue, as the Inspector framed it: the effect of the development upon the character and appearance of the area.

erection of 3 bed chalet bungalow with associated parking and landscaping

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wallis D
Postcode
CT5 1PF

Main issues, as the Inspector framed them

  • the effect of the development upon the character and appearance of the area
  • the safety of the public highway
  • protected species and their habitats
  • the integrity of the Thanet Coast and Sandwich Bay Special Protection Area and the Thames, Medway and Swale Special Protection Area (the SPAs)

What decided it

The fundamental loss of protected open space designated under Policy OS9, combined with unresolved highway safety concerns and inadequate ecological information, rendered the proposal contrary to the development plan.

Even if the tilted balance under paragraph 11(d) of the Framework applied due to housing land supply concerns, the environmental limb of sustainability was failed by the proposal's conflicts with open space protection and ecology policies, which provided clear reasons for refusal.

What the Inspector cited

Development plan policies
Policy OS9Policy DBE3Policy LB9Policy SP1Policy SP6Policy LB5
National Planning Policy Framework
Paragraph 11
Judgments
Court of Justice of the European Union 2018 ruling on European Sites and Appropriate Assessment

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.

See how each was applied

The decision letter

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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.

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.