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Dismissed9 December 20223297650

Land East of Unit 4 Upper Brents Industrial Estate, And North of Plot 29 Waterside Close, Faversham, Kent, ME13 7DZ

Planning appeal 3297650 at Land East of Unit 4 Upper Brents Industrial Estate, And North of Plot 29 Waterside Close, Faversham, Kent, ME13 7DZ (Swale Borough Council) was dismissed on 9 December 2022 by Inspector Gould G, by written representations. The main issue, as the Inspector framed it: whether the development would provide acceptable living conditions for its occupiers, having particular regard to noise in the area.

Mixed-use development comprising: (1) the erection of 3 No. terraced units in Class C3 (dwellinghouse) use with optional Class E(g)(i) (office) use at the ground floor, excluding sleeping accommodation at the ground floor and including access, parking and turning via Waterside Close, together with associated landscaping; (2) the erection of 4 No. commercial units in Class (g)(iii) (light industrial), B2 (general industrial) or B8 (storage and distribution) uses, with associated access, turning and parking via a separate road, plus acoustic fencing

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Gould G
Postcode
ME13 7DZ

Main issues, as the Inspector framed them

  • whether the development would provide acceptable living conditions for its occupiers, having particular regard to noise in the area
  • whether the development would effect the supply of industrial/commercial land in the area
  • whether the development would effect the integrity of the SPA

What decided it

The development would provide unacceptable living conditions for residential occupiers due to noise from the foundry, requiring hermetically sealed homes with mechanical ventilation, which substantially outweighs the modest housing and employment benefits even under the tilted balance.

The adverse impacts of unacceptable living conditions for occupiers significantly and demonstrably outweighed the benefits of reusing previously developed land, modest housing contribution (0.8% of annual deficit), employment creation, and no harm to industrial land supply, conservation area or SPA; the tilted balance was engaged but did not overcome the fundamental harm identified.

What the Inspector cited

Development plan policies
Policy CP4(1)Policy DM14(8)Policy ST7(1)Policy CP1(1)Policy NP1Policy BIE1Policy ST1Policy DM28
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 119Paragraph 124Paragraph 180Paragraph 185Paragraph 187

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.

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The decision letter

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More decisions in Swale

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

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
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    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
  3. Planning permission granted24 September 20253366417
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  4. Allowed1 September 20253360089
    Land On Either Side Of Vigo Lane And Wrens Road, Sittingbourne, Kent, ME9 8LA
  5. Dismissed24 July 20253359815
    Redcot, Bell Farm Lane, Minster On Sea, Kent, ME12 4JB

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.

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