®Planning appeal decision
Little Gaynes, Faversham Road, Lenham, Kent, ME17 2PU
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
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.
Framework references: 11, 74, 110, 149, 174, 176, 177
Plan policies cited: Policy SS 1, Policy SP 5, Policy SP 8, Policy H2(3), Policy SP 17, Policy DM 5, Policy DM 1, Policy DM 30, Policy SP 20, Policy ID 1, LNP Policy CP1, LNP Policy D1
Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; Monkhill Limited v SSHCLG and Waverley Borough Council [2021] EWCA Civ 74
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.