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Planning appeal decision

Dismissed6 October 20233312007

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

new 3 bedroom dwelling

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
James A

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.

Framework references: 80, 202, 11

Plan policies cited: Policy ST1, Policy ST3, Policy DM14, Policy DM11, Policy DM24, Policy DM7

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.