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Planning appeal decision

Dismissed10 April 20243322385

40 Park Road, Kennington, ASHFORD, TN24 9DL

the demolition of existing bungalow and garages and construction of 2 no. detached houses with associated parking

Authority
Ashford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Glassar S

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Stodmarsh nature conservation sites
  • the living conditions of neighbouring occupiers, with particular regard to the loss of sunlight/daylight
  • the character and appearance of the area

What decided it

The failure to demonstrate nutrient neutrality and secure off-site mitigation measures to protect the Stodmarsh nature conservation sites, combined with unresolved concerns about impacts on neighbouring living conditions, meant the proposal conflicted with the Habitat Regulations and development plan policies.

The presumption in favour of sustainable development was disapplied due to the inability to conclude that the proposal would not adversely affect the integrity of the Stodmarsh habitats site; the harms to protected habitats and potential harm to neighbouring living conditions outweighed the economic and social benefits of housing delivery.

Framework references: 11, 135, 186

Plan policies cited: Policy HOU3a, Policy SP01, Policy SP1, Policy SP6

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.