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Planning appeal decision

Dismissed5 January 20243312223

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

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

Authority
Dartford Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Cryan M

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.

Framework references: 11, 135, 142, 143, 152, 153, 154, 65

Plan policies cited: Policy CS13, Policy CS10, Policy CS19, Policy DP22, Policy DP7, Policy DP6, Policy DP5, Policy DP9, Policy DP2, Draft Policy M13, Draft Policy M11, Draft Policy M7, Draft Policy M2, Draft Policy M1

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.