®Planning appeal decision
Land at Firswood Lodge and Jays View, Ashford Road, Harrietsham, Kent, ME17 1BL
outline planning application (with all matters reserved except for access) for the demolition of existing residential properties and other buildings and erection of up to 109 residential dwellings including affordable housin g with the provision of vehicular, cycle and pedestrian access onto Ashford Road (A20) alongside public open spaces, sustainable urban drainage systems, landscaping, infrastructure and earthworks
- Authority
- Maidstone Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Pipkin R
Main issues, as the Inspector framed them
- whether the appeal site is a suitable location for the proposed development, having regard to the spatial strategy
- the effect of the proposed development on the character and appearance of the surrounding area
- whether there are any other material considerations, including the housing land supply situation and benefits of the proposal, which would indicate that the proposal should be determined otherwise than in accordance with the terms of the development plan
What decided it
The proposal's conflict with the development plan's spatial strategy combined with the significant harm to the character and appearance of the countryside was not outweighed by the scheme's benefits, resulting in overall conflict with the development plan as a whole.
the cumulatively moderate benefits of the scheme (including significant weight for housing and affordable housing delivery) did not outweigh the harm from conflict with the spatial strategy and the significant harm to character and appearance, so the balance tipped against the proposal and it conflicted with the development plan as a whole
Framework references: 11, 74, 219
Plan policies cited: Policy SS1, Policy SP5, Policy SP17, Policy DM5, Policy DM1, Policy DM30, Policy SP6, Policy LPR1
Judgments cited: The King (oao Thurston Parish Council) v Mid Suffolk District Council [2022] EWCA Civ 1417; Wavendon Properties Ltd vs SSCLG and Milton Keynes Council [2019] EWHC 1524 (Admin); Bloor Homes Ltd v SSCLG [2014] EWHC 745 (Admin); Gladman Developments v SS & Central Bedfordshire Council [2019] EWHC 127 (Admin); Suffolk Coastal District Council v Hopkins Development Ltd [2017] UKSC 37; Tewkesbury Borough Council v SSHCLG [2021] EWHC 2782 (Admin), PTSR 340; St Modwen Developments Ltd v SSCLG [2017] EWCA Civ 1643
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.