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Planning appeal decision

Dismissed15 January 20243309618

26 Bank Street, Ashford, TN23 1BE

Planning appeal 3309618 at 26 Bank Street, Ashford, TN23 1BE (Ashford Borough Council) was dismissed on 15 January 2024 by Inspector Conde L, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the Ashford Town Centre Conservation Area.

Proposed erection of first and second floor extension to provide 4 self-contained flats

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Conde L
Postcode
TN23 1BE

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the Ashford Town Centre Conservation Area
  • The living conditions of potential future occupiers with regard to access to external private open space
  • Highway safety
  • European Protected Sites

What decided it

The less than substantial harm to the character and appearance of the designated heritage asset (the conservation area) outweighed the modest public benefits of housing delivery, in accordance with paragraph 208 of the Framework and the statutory duty under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The modest public benefits of four new dwellings in a sustainable location did not outweigh the less than substantial harm to the character and appearance of the conservation area, given that great weight must be given to the conservation of heritage assets; the heritage asset protection exception in paragraph 11(d)(i) of the Framework applied, displacing the presumption in favour of sustainable development notwithstanding the lack of five-year housing land supply.

What the Inspector cited

Development plan policies
Policy SP1Policy SP6Policy ENV13Policy ENV14Policy HOU3aPolicy HOU15Policy TRA3
National Planning Policy Framework
Paragraph 208Paragraph 115Paragraph 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.

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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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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.