Planning appeal decision
Land South of Bush Road, Near Cuxton, Medway, Kent, ME2 1HQ
Planning appeal 3307648 at Land South of Bush Road, Near Cuxton, Medway, Kent, ME2 1HQ (Medway Council) was dismissed on 24 July 2023 by Inspector Wilkinson S, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposal on the Green Belt, including any effects on openness and the purposes of including land within the Green Belt.
construction of a new winery building including café/restaurant and visitor centre with energy centre, car park, access road and landscaping
- Authority
- Medway Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- agricultural · Other Major Developments
- Inspector
- Wilkinson S
Main issues, as the Inspector framed them
- the effect of the proposal on the Green Belt, including any effects on openness and the purposes of including land within the Green Belt
- the effect of the appeal scheme on the landscape character and appearance of the area including the Kent Downs Area of Outstanding Natural Beauty (AONB)
- the effect of the proposal on the capacity of the local highway network and highway safety
- the effects of the proposal on heritage assets including the settings of listed buildings, the Upper Bush Conservation Area (CA) and archaeological remains
- whether or not the harm to the Kent Downs AONB arising from the proposal is clearly outweighed by exceptional circumstances
What decided it
The Inspector concluded that the appellant had not demonstrated the exceptional circumstances and public interest required by Framework paragraph 177 to justify major development causing significant landscape harm to the Kent Downs AONB, given insufficiently robust evidence on need, economics and costs of alternatives.
The significant adverse landscape and visual harm to the AONB and the less than substantial harm to the Upper Bush Conservation Area were not outweighed by the economic, design and environmental benefits advanced by the appellant, so the balance tipped against the scheme and the appeal was dismissed.
What the Inspector cited
- Development plan policies
- BNE32BNE12BNE14T1T2T3T4T13T14
- National Planning Policy Framework
- Paragraph 149Paragraph 111Paragraph 176Paragraph 177Paragraph 202Paragraph 203
- Judgments
- Bernard Wheatcroft and JPL 1987; David Bryan Millington v. The SoS ET&R, Shrewsbury and Atcham Borough Council 1999 WL 477821; R (Lee Valley Regional Park Authority) v. Epping Forest DC [2016] EWCA Civ404, Env LR30
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
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The authority’s record since 2016 · every decision in 2023
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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.
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