Planning appeal decision
Land east of Unit 4 Upper Brents Industrial Estate, and north of plot 29 Waterside Close, Faversham, Kent, ME13 7DZ
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
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.
Framework references: 11, 14, 119, 124, 180, 185, 187
Plan policies cited: Policy CP4(1), Policy DM14(8), Policy ST7(1), Policy CP1(1), Policy NP1, Policy BIE1, Policy ST1, Policy DM28
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.
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