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Allowed18 January 20243308462

Land off Drake Avenue/North of Elm Lane, Minster-On-Sea, Kent, ME12 3RZ

Planning appeal 3308462 at Land off Drake Avenue/North of Elm Lane, Minster-On-Sea, Kent, ME12 3RZ (Swale Borough Council) was allowed on 18 January 2024 by Inspector Burnham T, by written representations. The main issue, as the Inspector framed it: The principle of the development in this location including the effect of the proposal on the character and appearance of the area.

residential development for up to 44 dwellings with vehicle and pedestrian access off Drake Avenue (Outline with means of access for approval)

Authority
Swale Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Burnham T

Main issues, as the Inspector framed them

  • The principle of the development in this location including the effect of the proposal on the character and appearance of the area
  • The effect of the proposal on the living conditions of occupiers at No. 65 & No. 69 Drake Avenue
  • The effect of the proposal on the North Kent Marshes Special Protection Areas (SPAs)

What decided it

The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance under NPPF paragraph 11(d), and the substantial social and economic benefits of up to 44 dwellings outweighed the limited harm from conflict with the development plan.

The limited harm from conflict with Policies ST 3 and CP 4 was outweighed by the substantial social and economic benefits of housing delivery and the presumption in favour of sustainable development arising from the five-year housing land supply shortfall.

What the Inspector cited

Development plan policies
ST 3CP 4DM 14DM 28
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 130Paragraph 225

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 2024

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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.