®Planning appeal decision
Land Adjacent 32 Linden Drive & 67 Queensway, Sheerness, ME12 1LG
Planning appeal 3277228 at Land Adjacent 32 Linden Drive & 67 Queensway, Sheerness, ME12 1LG (Swale Borough Council) was dismissed on 9 March 2022 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon the SPAs.
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
- Postcode
- ME12 1LG
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.
What the Inspector cited
- Development plan policies
- Policy ST1Policy CP3Policy DM14Policy DM21Policy DM28Policy DP4
- National Planning Policy Framework
- Paragraph 8Paragraph 11Paragraph 130Paragraph 159Paragraph 161Paragraph 162Paragraph 163Paragraph 174Paragraph 175Paragraph 180
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.