Land South of Bush Road, Near Cuxton, Medway, Kent, ME2 1HQ

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.