Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed13 September 20233306232

Land at Cellar Hill, Cellar Hill, Lynsted, Kent, ME9 9QY

erection of 5 no. dwellings, with associated amenity, landscaping and access

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Felgate J

Main issues, as the Inspector framed them

  • the effects of the proposed development on heritage assets
  • the effects on highway safety
  • whether the site is suitably located for access to local facilities
  • the development's effects on biodiversity

What decided it

The less than substantial but real harm to the significance of the Conservation Area and the settings of four listed buildings, to which great weight must be given under NPPF paragraph 199, is not outweighed by the housing benefits and other material considerations.

The benefits of housing delivery and biodiversity net gain are outweighed by the less than substantial harm to the Conservation Area and listed building settings, to which great weight must be given; the lack of five-year housing supply tips the balance on Policy ST3 towards the applicant but cannot overcome the heritage harm.

Framework references: 189, 199, 200, 174, 11

Plan policies cited: Policy ST3, Policy ST1, Policy CP8, Policy DM32, Policy DM33, Policy DM6, Policy DM14, Policy DM28, Policy DM26, Policy CP2, Policy CP3, Policy CP4, Policy CP7, Policy DM7, Policy DM29, Policy DM31

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.