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Planning appeal decision

Dismissed19 May 20223289129

Land at The Nursery, The Street, Hothfield, Kent, TN26 1EH

the construction of two 1.5 storey dwellings and car ports including access, parking, landscaping and other associated works

Authority
Ashford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Davies G

Main issues, as the Inspector framed them

  • the effect of the development on the Stodmarsh nature conservation sites
  • highway safety

What decided it

The potential for the development to cause harm to the nature conservation interests of the designated sites at Stodmarsh lakes, in the absence of any demonstrated mitigation, meant the proposal conflicted with the development plan and could not be permitted.

The tilted balance in paragraph 11 of the NPPF was not engaged because the protection of designated habitats sites provides a clear reason for refusal, notwithstanding the Council's inability to demonstrate a 5-year housing land supply.

Framework references: 11

Plan policies cited: Policy ENV1, Policy ENV8, Policy HOU5, Policy TRA7

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.