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Planning appeal decision

Dismissed26 February 20243313507

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

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

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.

Framework references: 128, 135, 56

Plan policies cited: Core Strategy (2022) Policy SS1, Core Strategy (2022) Policy SS3, Places and Policies Local Plan (September 2020) Policy HB1, Places and Policies Local Plan (September 2020) Policy HB10, Places and Policies Local Plan (September 2020) Policy C1, Places and Policies Local Plan (September 2020) Policy NE2, Places and Policies Local Plan (September 2020) Policy T1, Places and Policies Local Plan (September 2020) Policy NE6, Core Strategy (2022) Policy CSD1, Core Strategy (2022) Policy C3, Core Strategy (2022) Policy C4

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.