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Planning appeal decision

Allowed17 March 20233301685

Land off Otterham Quay Lane, Rainham, ME8 7UT

Outline planning application for up to 74 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point. All matters reserved except for means of access

Authority
Swale Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Thompson P

Main issues, as the Inspector framed them

  • whether the proposal would provide a suitable site for housing, having regard to the Council's Settlement Strategy; its effect on the intrinsic value, landscape setting, tranquillity, and beauty of the countryside and its role as part of an Important Local Countryside Gap; and its accessibility to services and facilities
  • the effect of the proposal on the integrity of the features of national and European nature conservation sites at Medway Estuary and Marshes
  • the benefits of the scheme, including contributions toward infrastructure

What decided it

The tilted balance under paragraph 11 of the Framework was engaged due to the Council's inability to demonstrate a five-year housing land supply, and the significant housing and affordable housing benefits were not significantly and demonstrably outweighed by the limited countryside harm identified.

the considerable weight afforded to housing delivery and affordable housing, together with other benefits of moderate and limited weight, were not significantly and demonstrably outweighed by the limited harm to the countryside and conflict with the Settlement Strategy, so the presumption in favour of sustainable development applied and the appeal was allowed

Framework references: 8, 11, 57

Plan policies cited: Policy ST3, Policy DM25, Policy CP3, Policy ST1, Policy DM14, Policy DM24, Policy DM28, Policy DM31, Policy CP6, Policy CP7

Judgments cited: Bovis Homes Ltd & Miller Homes Ltd v SSCLG (CO/3029/2016)

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.