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Dismissed10 August 20223284706

Ashford Road, Kingsnorth, Ashford

Planning appeal 3284706 at Ashford Road, Kingsnorth, Ashford (Ashford Borough Council) was dismissed on 10 August 2022 by Inspector Woodward M, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the integrity of designated Habitats Sites (Stodmarsh), with particular regard to nitrogen and phosphorous nutrient levels, including any mitigation proposed.

outline application for up to 15 dwellings, a replacement Medical Centre and Pharmacy, together with all necessary infrastructure

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Woodward M

Main issues, as the Inspector framed them

  • The effect of the proposal on the integrity of designated Habitats Sites (Stodmarsh), with particular regard to nitrogen and phosphorous nutrient levels, including any mitigation proposed.
  • The suitability of the appeal site for the proposed development having regard to Local Plan policies, and the impact on character and appearance with particular regard to the 'green buffer', the 'Ashford Green Corridor', and potential coalescence.
  • The effect of the proposal on the provision of health care facilities within Ashford Borough.

What decided it

The Inspector could not be satisfied that the scheme would avoid adverse effects on the integrity of the Stodmarsh habitats sites, which provided a clear reason for refusal under Framework policy regardless of the otherwise favourable planning balance.

The substantial and significant benefits of housing delivery, health care provision and economic benefits outweighed the moderate harm to the character and appearance of the area, but this balance was overridden because the harm to the integrity of the Stodmarsh habitats sites provided a clear reason for refusal, meaning the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Policy HOU5Policy SP1Policy EMP1Policy S4Policy SP2Policy SP6Policy SP7Policy ENV2Policy ENV3aPolicy ENV5Policy IMP1Policy S5
National Planning Policy Framework
Paragraph 180Paragraph 11Paragraph 182Paragraph 174

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.