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Planning appeal decision

Dismissed30 November 20213274549

86 Church Street, WHITSTABLE, CT5 1PF

erection of 3 bed chalet bungalow with associated parking and landscaping

Authority
Canterbury City 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 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.

Framework references: 11

Plan policies cited: Policy OS9, Policy DBE3, Policy LB9, Policy SP1, Policy SP6, Policy LB5

Judgments cited: Court of Justice of the European Union 2018 ruling on European Sites and Appropriate Assessment

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.