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Dismissed13 September 20233306232

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

Planning appeal 3306232 at Land at Cellar Hill, Cellar Hill, Lynsted, Kent, ME9 9QY (Swale Borough Council) was dismissed on 13 September 2023 by Inspector Felgate J, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development on heritage assets.

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.

What the Inspector cited

Development plan policies
Policy ST3Policy ST1Policy CP8Policy DM32Policy DM33Policy DM6Policy DM14Policy DM28Policy DM26Policy CP2Policy CP3Policy CP4Policy CP7Policy DM7Policy DM29Policy DM31
National Planning Policy Framework
Paragraph 189Paragraph 199Paragraph 200Paragraph 174Paragraph 11

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 applied

The decision letter

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More decisions in Swale

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

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  5. Dismissed14 July 20266002253
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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.