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Planning appeal decision

Dismissed23 January 20243314235

Land West of Herne Bay Road, Calcott, Sturry, Canterbury, CT3 4NB

Planning appeal 3314235 at Land West of Herne Bay Road, Calcott, Sturry, Canterbury, CT3 4NB (Canterbury City Council) was dismissed on 23 January 2024 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the integrity of habitats sites.

Erection of 4 residential dwellings, associated highways works and landscaping

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wallace J
Postcode
CT3 4NB

Main issues, as the Inspector framed them

  • the effect of the proposed development on the integrity of habitats sites
  • the effect of the proposed development on protected habitats and species
  • whether the site is a suitable location for development with regard to the Council's spatial strategy, the effect on the character and appearance of the area, and access to services and facilities by means of travel other than the private car

What decided it

The absence of sufficient information to assess effects on habitats sites and the failure to provide a planning obligation to secure mitigation meant the development could not be approved as it would be contrary to the Habitats Regulations and development plan policies.

The benefits of delivering additional dwellings and associated economic benefits were limited given the small scale of the proposal and localised nature of improvements to public transport, and were outweighed by the conflicts with the development plan regarding habitats sites, protected species, and unsuitable location in the countryside.

What the Inspector cited

Development plan policies
Policy SP6Policy LB5Policy SP1Policy LB6Policy LB9Policy SP4Policy HD4Policy DBE3
National Planning Policy Framework
Paragraph 11Paragraph 15Paragraph 56Paragraph 83Paragraph 180Paragraph 186

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.

See how each was applied

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.

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.