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Dismissed5 January 20243312223

Land At Former Heathside Nursery and 64 Leyton Cross Road, Wilmington, DA2 7AN

Planning appeal 3312223 at Land At Former Heathside Nursery and 64 Leyton Cross Road, Wilmington, DA2 7AN (Dartford Borough Council) was dismissed on 5 January 2024 by Inspector Cryan M, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development within the Green Belt having regard to the Framework and any relevant development plan policies, and its effects on the openness and purposes of the Green Belt.

the demolition of 6 no. existing commercial buildings and an existing bungalow with detached garage, including the removal of hardstanding areas and lattice tower mast; creation of new vehicular access and the erection of 27 no. residential dwellings with amenity space, landscaping, parking and infrastructure, as well as the provision of public open space

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Cryan M
Postcode
DA2 7AN

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development within the Green Belt having regard to the Framework and any relevant development plan policies, and its effects on the openness and purposes of the Green Belt
  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on living conditions for nearby residents, with particular regard to noise disturbance
  • Whether or not the development would make an appropriate provision for affordable housing
  • If the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The proposal fails to meet the exception in paragraph 154(g) of the Framework because it is not limited infilling or the partial or complete redevelopment of previously developed land, as the entirety of the appeal site is not previously developed land and new buildings would be erected beyond the limits of any previously developed land.

The substantial weight given to Green Belt harm (inappropriateness, loss of openness, conflict with three Green Belt purposes) and harm to character and appearance, together with conflict with development plan policies on sustainable location, was not clearly outweighed by the modest benefits of housing supply and the significant benefit of affordable housing provision.

What the Inspector cited

Development plan policies
Policy CS13Policy CS10Policy CS19Policy DP22Policy DP7Policy DP6Policy DP5Policy DP9Policy DP2Draft Policy M13Draft Policy M11Draft Policy M7Draft Policy M2Draft Policy M1
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 142Paragraph 143Paragraph 152Paragraph 153Paragraph 154Paragraph 65

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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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.

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