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Dismissed6 October 20233312007

Oast View, Track To Kingsdown Church, Kingsdown, Sittingbourne, Kent, ME9 0AS

Planning appeal 3312007 at Oast View, Track To Kingsdown Church, Kingsdown, Sittingbourne, Kent, ME9 0AS (Swale Borough Council) was dismissed on 6 October 2023 by Inspector James A, by written representations. The main issue, as the Inspector framed it: whether the appeal site represents a suitable location for the proposed development.

new 3 bedroom dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
James A
Postcode
ME9 0AS

Main issues, as the Inspector framed them

  • whether the appeal site represents a suitable location for the proposed development
  • the effect of the proposed development on the character and appearance of the area, having particular regard to the Kent Downs Area of Outstanding Natural Beauty (AONB)
  • the effect of the proposed development on the setting of the Grade II listed buildings, known as the Church of St Catherine and Church Oast
  • whether the proposed development would provide sufficient parking for the new dwelling, having particular regard to highway safety

What decided it

The site's location within a protected area (AONB) and its harmful effect on designated heritage assets provided a clear reason for refusal under paragraph 11(d) of the Framework, displacing the presumption in favour of sustainable development despite the Council's inability to demonstrate a 5-year housing land supply.

Although the Council cannot demonstrate a 5-year housing land supply, the protective policies in the Framework for AONBs and designated heritage assets provide a clear reason for refusal; the limited public benefits of one dwelling do not outweigh the significant harm to the AONB landscape and less than substantial but considerable harm to the setting of listed buildings.

What the Inspector cited

Development plan policies
Policy ST1Policy ST3Policy DM14Policy DM11Policy DM24Policy DM7
National Planning Policy Framework
Paragraph 80Paragraph 202Paragraph 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.

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. Allowed10 December 20253365131
    Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
  3. Dismissed23 October 20253365056
    Cowstead Farm, Queenborough Road, Halfway, Kent, ME12 3RL
  4. Dismissed2 October 20253360939
    2 Parsonage Chase, Minster-on-Sea, Sheerness, Kent, ME12 3JL
  5. Dismissed29 July 20253357228
    Land at Honeysuckle Drive, Minster on Sea, Kent, ME12 3RE

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.