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Dismissed26 January 20223276221

Land at Upnor Road, , Upper Upnor , Rochester, Medway , ME2 4XE

Planning appeal 3276221 at Land at Upnor Road, , Upper Upnor , Rochester, Medway , ME2 4XE (Medway Council) was dismissed on 26 January 2022 by Inspector Lee S, following an inquiry. The main issue, as the Inspector framed it: Whether the development would be in a suitable location with regard to relevant local and national policies on housing in rural areas.

the erection of 72 No residential dwellings including 18 x affordable housing and erection of Children’s Nursery (Use Class E(f)) associated car parking and infrastructure; new landscaping and public open spaces including new public rights of way and new bus stop; sustainable urban drainage system and associated earthworks and a new vehicular access from Upnor Road

Authority
Medway Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Lee S
Postcode
ME2 4XE

Main issues, as the Inspector framed them

  • Whether the development would be in a suitable location with regard to relevant local and national policies on housing in rural areas
  • The effect of the development on the landscape character, function and appearance of the area
  • The effect of the development on highway and pedestrian safety in the vicinity of the site

What decided it

The substantial and permanent harm to the landscape character, function and appearance of the Hogmarsh Valley Area of Local Landscape Importance, which meant the adverse impacts of the development significantly and demonstrably outweighed its benefits.

The significant landscape harm to the ALLI, together with highway safety concerns, was found to significantly and demonstrably outweigh the substantial benefits of market and affordable housing and other lesser benefits, so the tilted balance did not apply and the proposal conflicted with the development plan as a whole.

What the Inspector cited

Development plan policies
Policy S1Policy BNE25Policy BNE34Policy T1Policy T2
National Planning Policy Framework
Paragraph 11Paragraph 74Paragraph 79Paragraph 105Paragraph 110Paragraph 111Paragraph 174

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 2022

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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.