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Dismissed24 November 20233325102

Little Gaynes, Faversham Road, Lenham, Kent, ME17 2PU

Planning appeal 3325102 at Little Gaynes, Faversham Road, Lenham, Kent, ME17 2PU (Maidstone Borough Council) was dismissed on 24 November 2023 by Inspector Gilbert J, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development is in a suitable location, with particular regard to the development plan and national planning policy.

for 4 Social Rent Affordable Homes and 16 Open Market Homes,1 car port, passing points, a re-aligned access, the retention and enhancement of PROW KH438 and the implementation of a 0.51 Hectare public access Natural Landscape Buffer dedicated as a Local Nature Reserve. The scheme includes a Nutrient Offsetting arrangement with Forestry England to counter the issues relating to the Great Stour catchment area

Authority
Maidstone Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Gilbert J
Postcode
ME17 2PU

Main issues, as the Inspector framed them

  • Whether the proposed development is in a suitable location, with particular regard to the development plan and national planning policy
  • The effect of the proposed development on the character and appearance of the area, including the Kent Downs Area of Outstanding Natural Beauty
  • Whether the proposed development would provide safe and suitable access for refuse collection
  • Whether the proposed development would make appropriate provision for affordable housing
  • Whether any harm identified, including conflict with the development plan, would be outweighed by other considerations

What decided it

The significant harm to the character and appearance of the area, including the Kent Downs AONB, combined with unresolved refuse access safety and inadequate affordable housing provision, outweighed the limited benefits of the scheme.

The moderate benefits of housing provision, footway works, open space and biodiversity net gain were insufficient to outweigh the significant harm to the character and appearance of the AONB and conflict with the development plan, and the appeal was dismissed.

What the Inspector cited

Development plan policies
Policy SS 1Policy SP 5Policy SP 8Policy H2(3)Policy SP 17Policy DM 5Policy DM 1Policy DM 30Policy SP 20Policy ID 1LNP Policy CP1LNP Policy D1
National Planning Policy Framework
Paragraph 11Paragraph 74Paragraph 110Paragraph 149Paragraph 174Paragraph 176Paragraph 177
Judgments
Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; Monkhill Limited v SSHCLG and Waverley Borough Council [2021] EWCA Civ 74

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.

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The decision letter

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More decisions in Maidstone Borough Council

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

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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.