®Planning appeal decision
55 Marlborough Road, Gillingham, Kent, ME8 6JB
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
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.
Framework references: 11, 135
Plan policies cited: Policy BNE2 of the Medway Local Plan
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.