Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed10 April 20243322385

40 Park Road, Kennington, Ashford, TN24 9DL

Planning appeal 3322385 at 40 Park Road, Kennington, Ashford, TN24 9DL (Ashford Borough Council) was dismissed on 10 April 2024 by Inspector Glassar S, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the Stodmarsh nature conservation sites.

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
Postcode
TN24 9DL

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.

What the Inspector cited

Development plan policies
Policy HOU3aPolicy SP01Policy SP1Policy SP6
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 186

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

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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

19 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Ashford Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed29 October 20266007592
    Homestall Farm, Ashford Road, High Halden, TN26 3BS
  2. Dismissed26 October 20266009946
    Daniel Farm, Smarden Bell Road, Pluckley, TN27 0SY
  3. Dismissed8 October 20266012673
    Land 150metres East by Southeast of Barkleys Farm, Burnthouse Lane, Smarden, TN27 8QQ
  4. Dismissed30 September 20266011717
    4-6 Ashford Road, Tenterden, TN30 6QU
  5. Dismissed30 September 20266011714
    4-6 Ashford Road, Tenterden, TN30 6QU

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.