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Planning appeal decision

Dismissed15 September 20223286150

139a Nelson Road, Gillingham, ME7 4LT

Planning appeal 3286150 at 139a Nelson Road, Gillingham, ME7 4LT (Medway Council) was dismissed on 15 September 2022 by Inspector Gilbert J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

construction of 3 x 2 bed flats and 1 x 2 bed accessible duplex and associated parking and amenity space

Authority
Medway Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Gilbert J
Postcode
ME7 4LT

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • the living conditions of neighbouring occupiers, with particular regard to garden space, noise, outlook and privacy
  • the living conditions of its future occupiers, with particular regard to floorspace and outlook
  • highway safety

What decided it

The significant harm to character and appearance and to neighbouring occupiers' living conditions outweighed the modest benefits of housing delivery and sustainable design on a previously developed site.

The adverse impacts of granting permission, comprising significant harm to character and appearance and to neighbouring occupiers' amenity, significantly and demonstrably outweighed the modest environmental and economic benefits of housing delivery, sustainable design and accessibility, despite the out-of-date development plan and absence of a five-year housing land supply.

What the Inspector cited

Development plan policies
Policy BNE1Policy BNE2Policy H4Policy H5Policy H6Policy H7Policy H9Policy T1Policy T13
National Planning Policy Framework
Paragraph 11Paragraph 74Paragraph 111Paragraph 126Paragraph 130

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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More decisions in Medway

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

  1. Dismissed2 October 20266009769
    Street Record, Callis Way, Parkwood, Gillingham, ME8 9PA
  2. Allowed14 July 20266002996
    Land off Ratcliffe Highway, Hoo St Werburgh, ME3 8PX
  3. Dismissed18 June 20266004736
    20 Denbigh Avenue, Rainham, Gillingham, ME8 7ET
  4. Dismissed10 June 20266006543
    25 Franklin Road, Gillingham, ME7 4DF
  5. Dismissed29 May 20266005151
    3 Kingswood Road, Gillingham, Medway, ME7 1DZ

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.