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Dismissed26 February 20243313507

12 London Road and Ebbor House, Barrack Hill, Hythe, CT21 4DF

Planning appeal 3313507 at 12 London Road and Ebbor House, Barrack Hill, Hythe, CT21 4DF (Folkestone and Hythe District Council) was dismissed on 26 February 2024 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area including the effect on protected trees.

Outline application for the demolition and redevelopment to provide 20 residential units incorporating access and landscaping details, with matters of appearance, layout and scale reserved for future consideration

Authority
Folkestone and Hythe District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Wallace J
Postcode
CT21 4DF

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area including the effect on protected trees
  • the effect of the proposed development on the living conditions of neighbouring occupiers
  • whether suitable access to the site can be achieved
  • the effect of the proposed development on land stability
  • whether there would be suitable provision for affordable housing and open space

What decided it

The proposed development would conflict with the development plan taken as a whole due to cumulative harm to character and appearance, living conditions, highway safety, land stability, and affordable housing provision, with no material considerations of sufficient weight to outweigh this conflict.

The benefit from delivery of additional dwellings and the site's location within an urban area with good access to services were outweighed by the significant harms to character and appearance, living conditions of neighbours, highway safety, land stability, and failure to provide on-site affordable housing.

What the Inspector cited

Development plan policies
Core Strategy (2022) Policy SS1Core Strategy (2022) Policy SS3Places and Policies Local Plan (September 2020) Policy HB1Places and Policies Local Plan (September 2020) Policy HB10Places and Policies Local Plan (September 2020) Policy C1Places and Policies Local Plan (September 2020) Policy NE2Places and Policies Local Plan (September 2020) Policy T1Places and Policies Local Plan (September 2020) Policy NE6Core Strategy (2022) Policy CSD1Core Strategy (2022) Policy C3Core Strategy (2022) Policy C4
National Planning Policy Framework
Paragraph 128Paragraph 135Paragraph 56
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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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More decisions in Folkestone and Hythe District Council

The authority’s record since 2016 · every decision in 2024

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  5. Dismissed30 September 20266004363
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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.

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.