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Planning appeal decision

Dismissed9 March 20223277228

Land adjacent 32 Linden Drive & 67 Queensway, Sheerness, ME12 1LG

Three number one bedroom dwellings with the dormers to the front elevation, with all living accommodation to first floors and above

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D

Main issues, as the Inspector framed them

  • the effect of the proposed development upon the SPAs
  • whether or not the proposed development represents an acceptable form of development having regard to policies concerned with flood risk
  • the effect of the proposed development upon the character and appearance of the area
  • the effect of the proposed development upon the living conditions of the future occupiers of the appeal site and neighbouring occupiers, with particular reference to outlook and privacy

What decided it

The failure to satisfy the sequential test for flood risk and the absence of secured mitigation for impacts on the integrity of the Special Protection Areas were decisive in refusing permission.

The modest economic benefits and housing contribution were significantly outweighed by the significant harm to the integrity of the Special Protection Areas and the failure to satisfy the sequential test for flood risk; the tilted balance did not apply as Framework policies protecting areas of particular importance provided a clear reason for refusal.

Framework references: 8, 11, 130, 159, 161, 162, 163, 174, 175, 180

Plan policies cited: Policy ST1, Policy CP3, Policy DM14, Policy DM21, Policy DM28, Policy DP4

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.