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Dismissed28 September 20233305818

Land Adjoining Checkmate Ltd, New Road, Sheerness, Kent, ME12 1PZ

Planning appeal 3305818 at Land Adjoining Checkmate Ltd, New Road, Sheerness, Kent, ME12 1PZ (Swale Borough Council) was dismissed on 28 September 2023 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: whether the proposal would provide an acceptable standard of accommodation for future occupiers, with particular regard to noise disturbance.

a two storey residential building with associated residential accommodation within the roofslope, associated access, underground parking, amenity provision and refuse/ cycle storage

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Shearing C
Postcode
ME12 1PZ

Main issues, as the Inspector framed them

  • whether the proposal would provide an acceptable standard of accommodation for future occupiers, with particular regard to noise disturbance
  • the effect of the proposal on the character and appearance of the area

What decided it

The proposal would create unacceptable living conditions for future occupiers due to noise disturbance from the railway line, which constitutes substantial harm that significantly and demonstrably outweighs the benefits of housing delivery.

The adverse impacts of failing to provide an acceptable standard of accommodation, assessed as significant and long-lasting, substantially outweighed the moderate benefits of 5 additional housing units, site remediation and ecological improvements, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
CP4DM14
National Planning Policy Framework
Paragraph 11Paragraph 69Paragraph 119Paragraph 124

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.

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The decision letter

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More decisions in Swale

The authority’s record since 2016 · every decision in 2023

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
  2. Dismissed2 October 20253360939
    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
  3. Planning permission granted24 September 20253366417
    Land at The Yard, Beckenham Park Industrial Estate, Sittingbourne, ME8 7UX
  4. Allowed1 September 20253360089
    Land On Either Side Of Vigo Lane And Wrens Road, Sittingbourne, Kent, ME9 8LA
  5. Dismissed24 July 20253359815
    Redcot, Bell Farm Lane, Minster On Sea, Kent, ME12 4JB

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.