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Planning appeal decision

Allowed14 September 20223291633

Chandler Forest Products Ltd, 82 Jeffery Street, GILLINGHAM, ME7 1DB

demolition of existing building and construction of a pair of two-bedroomed bungalows and one 2.5 storey block of flats, comprising three x 2- bedroomed flats and nine x 1-bedroom flats with associated amenity space, refuse, cycle storage and car parking

Authority
Medway Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Gilbert J

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of neighbouring occupiers on Victoria Street, with regard to privacy
  • whether the proposed development would make appropriate provision for infrastructure needs arising from the development, with particular regard to the effect of the development on the North Kent Marshes Special Protection Area (SPA)/Ramsar sites

What decided it

The mitigation measures secured through the s.106 undertaking, combined with the absence of harm to neighbouring privacy, allowed the appeal to proceed.

The benefits of residential development in a town centre location, combined with appropriate mitigation for ecological effects and no harm to neighbouring privacy, outweighed any other considerations.

Framework references: 130, 86, 92, 93, 104, 105, 180, 181, 57

Plan policies cited: Policy BNE2, Policy S6, Policy BNE35, Policy L4, Medway Local Plan 2003

Judgments cited: People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244

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.