®Planning appeal decision
Land off Otterham Quay Lane, Rainham, ME8 7UT
Planning appeal 3301685 at Land off Otterham Quay Lane, Rainham, ME8 7UT (Swale Borough Council) was allowed on 17 March 2023 by Inspector Thompson P, following a hearing. The main issue, as the Inspector framed it: 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.
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
What the Inspector cited
- Development plan policies
- Policy ST3Policy DM25Policy CP3Policy ST1Policy DM14Policy DM24Policy DM28Policy DM31Policy CP6Policy CP7
- National Planning Policy Framework
- Paragraph 8Paragraph 11Paragraph 57
- Judgments
- Bovis Homes Ltd & Miller Homes Ltd v SSCLG (CO/3029/2016)
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Swale
The authority’s record since 2016 · every decision in 2023
- Allowed8 July 20263376221Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
- Allowed23 January 20263368586Jubilee Way, Faversham, Kent, ME13 8GD
- Allowed10 December 20253365131Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
- Dismissed23 October 20253365056Cowstead Farm, Queenborough Road, Halfway, Kent, ME12 3RL
- Dismissed2 October 202533609392 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
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.