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Planning appeal decision

Dismissed5 October 20223298959

Land to the West of Elm Lane, Minster on Sea, Kent, ME12 3SG

Planning appeal 3298959 at Land to the West of Elm Lane, Minster on Sea, Kent, ME12 3SG (Swale Borough Council) was dismissed on 5 October 2022 by Inspector Morrison J, following a hearing. The main issue, as the Inspector framed it: The main issue is the effect of the proposed development on the character and appearance of the area.

outline planning application for residential development for up to 100 dwellings, including access, with all matters reserved

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Morrison J

Main issues, as the Inspector framed them

  • The main issue is the effect of the proposed development on the character and appearance of the area.

What decided it

The significant and irreversible harm to the character and appearance of the area outweighed the benefits of the scheme, including housing delivery, even under the tilted balance.

The adverse impacts of granting planning permission, principally significant harm to character and appearance, would significantly and demonstrably outweigh the benefits (housing delivery, affordable housing, developer contributions) when assessed against the Framework policies taken as a whole.

What the Inspector cited

Development plan policies
ST1ST3CP3CP4DM14DM24DM9CP8
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 20Paragraph 130Paragraph 174

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 applied

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
  2. Allowed23 January 20263368586
    Jubilee Way, Faversham, Kent, ME13 8GD
  3. Allowed10 December 20253365131
    Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
  4. Allowed1 September 20253360089
    Land On Either Side Of Vigo Lane And Wrens Road, Sittingbourne, Kent, ME9 8LA
  5. Allowed27 June 20253350524
    Ham Road, Faversham , ME13 7TX

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.