®Planning appeal decision
Gibraltar Farm, Ham Lane, Hempstead, Gillingham, Kent, ME7 3JJ
outline application (with all matters reserved except access) for the erection of up to 450 market and affordable dwellings, nursery and supporting retail space up to 85sqm, with provision of main access to Ham Lane; estate roads; cycle and pedestrian routes; residential and community open space and landscaping; new junction for Lidsing Road/Hempstead Road and realignment and widening of Lidsing Road. Off site related highway works to Westfield Sole Road, Shawstead Road, Hempstead Road, Chapel Lane, Hempstead Valley Drive, Hoath Way roundabout, Hoath Way and M2 Junction 4
- Authority
- Medway Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Gibbons L
Main issues, as the Inspector framed them
- Whether the proposed access would provide a safe and suitable access for pedestrians, wheelchair users and cyclists to and from Lordswood.
- The effect of proposed lighting on the ecology of the area.
- Whether the proposed development would cause harm to the character, function and appearance of the countryside within the Capstone and Horsted Valleys Area of Local Landscape Importance (ALLI).
- The extent to which the proposal is consistent with the development plan, and the weight to be attributed to the policies in the emerging development plan.
- Whether any harm and/or development plan conflict arising would be outweighed by other considerations.
What decided it
Inadequate bat survey evidence meant it could not be demonstrated that the scheme would not harm bats' use of the byway as a commuting habitat, causing conflict with policies BNE37 and BNE39 that was not outweighed even under the tilted balance.
The adverse impacts of granting permission, principally the unresolved harm to bat commuting habitat and conflict with policies BNE37 and BNE39, significantly and demonstrably outweighed the benefits (including housing, affordable housing, economic benefits and landscaping/woodland management) when assessed against the Framework as a whole.
Framework references: 11, 74, 130, 170, 174, 180, 181, 182
Plan policies cited: Policy S1, Policy S2, Policy BNE1, Policy BNE2, Policy BNE3, Policy BNE8, Policy BNE24, Policy BNE25, Policy BNE34, Policy BNE35, Policy BNE37, Policy BNE39, Policy H3, Policy T1, Policy T2, Policy T3, Policy T4, Policy T6, Policy T13
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.