®Planning appeal decision
104 High Street, Rainham, Gillingham, ME8 8AD
Planning appeal 3314655 at 104 High Street, Rainham, Gillingham, ME8 8AD (Medway Council) was allowed on 9 May 2024 by Inspector Cryan M, by written representations. The main issue, as the Inspector framed it: Whether nearby protected trees would have an adverse effect on living conditions for future occupiers of the proposed development with regard to sunlight in rear gardens, and the potential impact of the proposal on the retention of those protected trees.
Construction of a terrace of six two-storey three-bedroom dwellings with associated parking
- Authority
- Medway Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Cryan M
- Postcode
- ME8 8AD
Main issues, as the Inspector framed them
- Whether nearby protected trees would have an adverse effect on living conditions for future occupiers of the proposed development with regard to sunlight in rear gardens, and the potential impact of the proposal on the retention of those protected trees
- The effect of the proposed development on highway and pedestrian safety
What decided it
The Council's inability to demonstrate a five-year supply of deliverable housing land engaged the tilted balance, and the absence of any significant adverse impacts meant that planning permission should be granted.
The modest benefits of housing delivery and economic activity from six dwellings were not outweighed by any adverse impacts when assessed against the Framework policies taken as a whole, and the proposal's compliance with the development plan on trees and highway safety added weight to allowing the appeal.
What the Inspector cited
- Development plan policies
- Policy BNE2Policy BNE4Policy BNE23Policy T1Policy T2Policy T13
- National Planning Policy Framework
- Paragraph 11Paragraph 54Paragraph 115Paragraph 117Paragraph 135Paragraph 180
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2024
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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.