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Planning appeal decision

Dismissed11 March 20243319145

Bounds Farm, Land to the rear of 142-146, The Street, Boughton under Blean, ME13 9AP

the conversion of an agricultural unit into a 1 x 3 bedroom dwelling

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sylvester G

Main issues, as the Inspector framed them

  • Whether the proposed development would affect the integrity of the SPA as a protected European site of nature conservation importance
  • The effect of the proposal on employment provision and community facilities within the area
  • The effect on the character and appearance of the area, and whether it would preserve or enhance the character or appearance of the Boughton Street Conservation Area and whether it would preserve the settings of the grade II listed buildings at Numbers 128 and 130, 132 and 134, and 142 The Street
  • Whether the proposed dwelling would be in an appropriate location for new housing with particular regard to the Council's settlement strategy and the accessibility of services and facilities
  • Whether parking provision would be adequate

What decided it

The proposal would have a significant adverse effect on the integrity of The Swale Special Protection Area as a protected European site, with no mechanism to secure the required mitigation contribution, providing a clear reason for refusal under the Framework and conflicting with Policy CP7.

The modest but valuable contribution to housing supply and the benefits of the proposal (economic, social and environmental benefits, appropriate location, no harm to character and appearance or heritage assets) attracted moderate weight in favour, but were insufficient to outweigh the substantial weight given to the conflict with Policies CP7, DM3 and ST1 and the development plan as a whole, particularly the significant adverse effect on the SPA's integrity.

Framework references: 11, 82, 83, 84, 135, 180

Plan policies cited: Policy CP7, Policy DM3, Policy ST1, Policy ST3, Policy CP3, Policy DM7, Policy DM13, Policy DM14, Policy DM32, Policy DM33, NP Policy H1, NP Policy H5, NP Policy E1, NP Policy E2, NP Policy T2, NP Policy T3, NP Policy H8

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.