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Planning appeal decision

Allowed5 May 20233311224

Land off Swanstree Avenue, Sittingbourne, Kent, ME10 4UU

Planning appeal 3311224 at Land off Swanstree Avenue, Sittingbourne, Kent, ME10 4UU (Swale Borough Council) was allowed on 5 May 2023 by Inspector Hanna P, following an inquiry. The main issue, as the Inspector framed it: the effect on the character and appearance of the area, with particular regard to the effect on the landscape and an Important Local Countryside Gap (ILCG) designation.

Up to 135 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point; all matters reserved except means of access

Authority
Swale Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Hanna P
Postcode
ME10 4UU

Main issues, as the Inspector framed them

  • the effect on the character and appearance of the area, with particular regard to the effect on the landscape and an Important Local Countryside Gap (ILCG) designation
  • whether the site is a suitable location for the proposed development having regard to the Council's development strategy and national policy
  • the effect on agricultural land

What decided it

The Council's inability to demonstrate a five year housing land supply engaged the tilted balance, under which the identified harms did not significantly and demonstrably outweigh the benefits of the proposal.

The moderate harms to landscape/ILCG, locational policy conflict, loss of BMV agricultural land, and less-than-substantial heritage harm did not significantly and demonstrably outweigh the substantial benefits of market and affordable housing delivery together with moderate economic benefits and other limited benefits, so the tilted balance favoured granting permission

What the Inspector cited

Development plan policies
ST1ST3ST5DM8DM14DM24DM25DM31CP7
National Planning Policy Framework
Paragraph 174Paragraph 199Paragraph 202Paragraph 11Paragraph 56Paragraph 57

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 2023

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
  2. Allowed23 January 20263368586
    Jubilee Way, Faversham, Kent, ME13 8GD
  3. Allowed10 December 20253365131
    Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
  4. Dismissed23 October 20253365056
    Cowstead Farm, Queenborough Road, Halfway, Kent, ME12 3RL
  5. Dismissed2 October 20253360939
    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL

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.