®Planning appeal decision
London Road, Newington, ME9 7PA
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.
Framework references: 11
Plan policies cited: Policy ST 1, Policy ST 2, Policy ST 3, Policy ST 5, Policy CP 4, Policy CP 6, Policy CP 7, Policy DM 6, Policy DM 8, Policy DM 17, Policy DM 24, Policy DM 28, Policy DM 29, Policy DM 31
Judgments cited: Gladman Developments Limited v Secretary of State [2017] EWHC 2768 (Admin); [2019] EWCA Civ 1543
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.