®Planning appeal decision
55 Marlborough Road, Gillingham, Kent, ME8 6JB
Planning appeal 3284561 at 55 Marlborough Road, Gillingham, Kent, ME8 6JB (Medway Council) was decided (quashed on legal grounds) on 5 July 2024 by Inspector Steen A, by written representations. The main issue, as the Inspector framed it: Appeal A (enforcement): whether the breach of planning control had occurred by the date the enforcement notice was issued.
without the benefit of planning permission the erection of a residential block of flats comprising 25 one-bedroom and 10 two-bedroom flats on the Land
- Authority
- Medway Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Steen A
- Postcode
- ME7 5HB
Main issues, as the Inspector framed them
- Appeal A (enforcement): whether the breach of planning control had occurred by the date the enforcement notice was issued
- Appeal B: the effect of the flats on the living conditions of neighbouring occupiers of 67 Marlborough Road with particular regard to privacy
- Appeal B: whether occupiers enjoy satisfactory living conditions, having particular regard to outlook and privacy for flat 7 and the size of external living space for flats 1-3, 7, 9-17 and 21-33
What decided it
The development would harm living conditions of neighbouring occupiers and fail to provide adequate living conditions for many flat occupiers, and these adverse impacts would significantly and demonstrably outweigh the minimal housing benefits given other permissions already granted on the site.
The adverse impacts on living conditions of neighbouring occupiers and flat occupiers, assessed against the policies in the Framework taken as a whole, significantly and demonstrably outweighed the minimal housing benefits, resulting in dismissal of the appeal.
What the Inspector cited
- Development plan policies
- Policy BNE2 of the Medway Local Plan
- National Planning Policy Framework
- Paragraph 11Paragraph 135
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 authority’s record since 2016 · every decision in 2024
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- Dismissed18 June 2026600473620 Denbigh Avenue, Rainham, Gillingham, ME8 7ET
- Notice upheld10 April 202633428714 Everest Lane, Rochester, ME2 3XA
- Allowed9 April 2026600191533 Stopford Road, Gillingham, ME7 4NG
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.