®Planning appeal decision
Land at The Nursery, The Street, Hothfield, Kent, TN26 1EH
Planning appeal 3289129 at Land at The Nursery, The Street, Hothfield, Kent, TN26 1EH (Ashford Borough Council) was dismissed on 19 May 2022 by Inspector Davies G, by written representations. The main issue, as the Inspector framed it: the effect of the development on the Stodmarsh nature conservation sites.
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
- Postcode
- TN26 1EH
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.
What the Inspector cited
- Development plan policies
- Policy ENV1Policy ENV8Policy HOU5Policy TRA7
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.