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Dismissed29 September 20223285207

Rear of Poplar Farm House, , 20 Poplar Road, Wittersham, TN30 7PD

Planning appeal 3285207 at Rear of Poplar Farm House, , 20 Poplar Road, Wittersham, TN30 7PD (Ashford Borough Council) was dismissed on 29 September 2022 by Inspector Jolly J, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development on the character and appearance of the area, including the High Weald Area of Outstanding Natural Beauty (AONB).

for the erection of up to 23 dwellings together with all necessary infrastructure on land at rear of Poplar Farm, Wittersham

Authority
Ashford Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Jolly J
Postcode
TN30 7PD

Main issues, as the Inspector framed them

  • the effects of the proposed development on the character and appearance of the area, including the High Weald Area of Outstanding Natural Beauty (AONB)
  • the effect of the proposed development on the setting of listed buildings
  • whether the proposal is in a suitable location
  • financial obligations

What decided it

The harm to the AONB and the less-than-substantial but moderate harm to the setting of listed buildings, which together provide a clear reason for refusal that disapplies the tilted balance, outweigh the housing and economic benefits of the proposal.

The moderate less-than-substantial harm to listed buildings, when weighed against the social benefits of 23 new homes (moderate weight), economic benefits (moderate weight), and environmental/biodiversity gains (limited weight), does not justify permission; the tilted balance is disapplied by the clear reasons for refusal relating to the AONB and heritage assets.

What the Inspector cited

Development plan policies
Policy SP1Policy SP2Policy SP6Policy HOU1Policy HOU5Policy HOU6Policy ENV3BPolicy ENV13Policy IMP1
National Planning Policy Framework
Paragraph 11Paragraph 130Paragraph 176Paragraph 199Paragraph 202
Judgments
Barnwell Manor Wind Energy Ltd v East Northants DC, English Heritage, National Trust and SSCLG (2014)

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.