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Allowed14 August 20233318448

London Road, Newington, ME9 7PA

Planning appeal 3318448 at London Road, Newington, ME9 7PA (Swale Borough Council) was allowed on 14 August 2023 by Inspector Prentis D, following an inquiry. The main issue, as the Inspector framed it: whether the site is an appropriate location for housing, having regard to the spatial strategy of the development plan.

up to 135 dwellings with the retention of existing farm buildings, public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point

Authority
Swale Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Prentis D

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for housing, having regard to the spatial strategy of the development plan
  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposal on best and most versatile agricultural land

What decided it

Applying the tilted balance under paragraph 11(d)(ii) of the Framework because the Council could not demonstrate a five-year housing land supply, the Inspector found that the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits.

Substantial weight to housing delivery (including affordable housing) plus moderate weight to economic, open space and biodiversity benefits outweighed limited weight given to conflicts with Policies ST1, ST3, ST5 and DM29 and moderate weight given to conflict with Policy DM31, so the balance favoured allowing the appeal.

What the Inspector cited

Development plan policies
Policy ST 1Policy ST 2Policy ST 3Policy ST 5Policy CP 4Policy CP 6Policy CP 7Policy DM 6Policy DM 8Policy DM 17Policy DM 24Policy DM 28Policy DM 29Policy DM 31
National Planning Policy Framework
Paragraph 11
Judgments
Gladman Developments Limited v Secretary of State [2017] EWHC 2768 (Admin); [2019] EWCA Civ 1543

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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More decisions in Swale

The authority’s record since 2016 · every decision in 2023

  1. Allowed8 July 20263376221
    Land West Of Borden Lane, Sittingbourne, Kent, ME9 8HR
  2. Allowed23 January 20263368586
    Jubilee Way, Faversham, Kent, ME13 8GD
  3. Allowed10 December 20253365131
    Land At Sandbanks Lane And Seasalter Road, Graveney, Kent , ME13 9DU
  4. Allowed1 September 20253360089
    Land On Either Side Of Vigo Lane And Wrens Road, Sittingbourne, Kent, ME9 8LA
  5. Allowed27 June 20253350524
    Ham Road, Faversham , ME13 7TX

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.