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Planning appeal decision

Dismissed10 December 20213275706

9-11 Clarendon Road, Margate, CT9 2QL

Planning appeal 3275706 at 9-11 Clarendon Road, Margate, CT9 2QL (Thanet District Council) was dismissed on 10 December 2021 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would preserve or enhance the character or appearance of the Northdown Road Conservation Area.

erection of a third and fourth floor extension to form 3 no. 1 bed flats following removal of existing pitched roof

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith D
Postcode
CT9 2QL

Main issues, as the Inspector framed them

  • Whether the proposed development would preserve or enhance the character or appearance of the Northdown Road Conservation Area
  • The effect on the living conditions of the occupiers in Madeira Road with regard to privacy
  • Whether satisfactory provision would be made for refuse storage facilities
  • The effect on the integrity of the Thanet Coast and Sandwich Bay Special Protection Area

What decided it

The failure to secure a properly executed unilateral undertaking to mitigate the adverse effects on the Thanet Coast and Sandwich Bay Special Protection Area rendered the proposal incapable of proceeding under the Conservation of Habitats and Species Regulations.

The benefits of housing delivery and the windfall site's contribution to housing supply were outweighed by the overriding consideration that the proposal would adversely affect the integrity of the Special Protection Area without a secured mitigation mechanism.

What the Inspector cited

Development plan policies
Policy HE02Policy QD02Policy QD03Policy SP29Policy SP28
National Planning Policy Framework
Paragraph 120Paragraph 69

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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More decisions in Thanet

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.