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Planning appeal decision

Notice varied and upheld5 March 20243309329

Pett Farm, Pett Lane, Charing, Ashford, Kent, TN27 0DS

Planning appeal 3309329 at Pett Farm, Pett Lane, Charing, Ashford, Kent, TN27 0DS (Ashford Borough Council) was allowed in part (a split decision) on 5 March 2024 by Inspector Howell M, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the ecological integrity of the Stodmarsh Special Protection Area (SPA), Ramsar Site, Special Area of Conservation and a Site of Special Scientific Interest (SSSI), with regard to Nutrient Neutrality.

Without planning permission, the erection of a building (including attached veranda and timber decking) used as a single dwelling house, together with facilitating operational development (concrete/steel-frame base, brick pathways, greenhouse, storage building, fencing and domestic paraphernalia) associated with the unlawful residential use of the Building

Authority
Ashford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Howell M
Postcode
TN27 0DS

Main issues, as the Inspector framed them

  • The effect of the development on the ecological integrity of the Stodmarsh Special Protection Area (SPA), Ramsar Site, Special Area of Conservation and a Site of Special Scientific Interest (SSSI), with regard to Nutrient Neutrality.
  • Whether there is an essential need for a permanent dwelling to accommodate a rural worker, having regard to the development plan and national planning policies that seek to avoid isolated homes in the countryside.
  • The effect of the development on the character and appearance of the area, and the conservation and enhancement of the landscape and scenic beauty of the Kent Downs Area of Outstanding Natural Beauty (AONB).

What decided it

The inability to rule out a likely significant adverse effect on the integrity of the Stodmarsh protected sites through nutrient neutrification, with no mitigation capable of being secured, provided a policy-protected clear reason for refusal that outweighed the other acceptable matters.

The significant weight given to the conflict with Policies ENV1 and ENV8 (protection of the Stodmarsh protected sites) was not outweighed by the moderate weight given to the housing uplift and rural business/economic benefits, or by the neutral AONB character and appearance impact, so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy HOU5Policy ENV1Policy ENV8Policy ENVaPolicy ENVbPolicy ENV5
National Planning Policy Framework
Paragraph 11Paragraph 76Paragraph 79aParagraph 84Paragraph 88Paragraph 182Paragraph 186
Judgments
Wyre Forest BC v SSE & Allen’s Caravans [1990] 2 WLR 517; Measor v SOS (1998); Brentall v. Erewash Borough Council and Carter v SSE & Carrick DC [1991] JPL 311 (CoA); Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] JPL 1025; Regina ex parte Embleton PC and David Ainsley v Northumberland CC and Ivor Gaston [2013] EWHC 3631 (Admin)

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 Ashford Borough Council

The authority’s record since 2016 · every decision in 2024

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  3. Quashed On Legal Grounds10 November 20253308959
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  4. Notice upheld4 June 20253352530
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  5. Notice varied and upheld21 May 20253358367
    Little Paddock Farm, Canterbury Road, Challock, Ashford, TN25 4DW

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.