®Planning appeal decision
Land off Lodge Hill Lane, Chattenden, ME3 8NY
Planning appeal 3325107 at Land off Lodge Hill Lane, Chattenden, ME3 8NY (Medway Council) was dismissed on 1 March 2024 by Inspector Grierson E, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on Chattenden Woods and Lodge Hill Site of Special Scientific Interest (SSSI) with regard to increased recreational activity and the effect on nightingale birds from cat predation.
the erection of 8 to 12 self-build dwellings with all matters reserved except for access. Provision of open spaces, landscape buffers, drainage features and earthworks. Enhancement and widening of existing access track from Lodge Hill Lane and formation of 2No. new cross-over accesses from Lodge Hill Lane to serve 2No. dwellings
- Authority
- Medway Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Grierson E
Main issues, as the Inspector framed them
- The effect of the proposed development on Chattenden Woods and Lodge Hill Site of Special Scientific Interest (SSSI) with regard to increased recreational activity and the effect on nightingale birds from cat predation
What decided it
The significant harm to the Chattenden Woods and Lodge Hill SSSI from recreational disturbance and cat predation could not be avoided, adequately mitigated or compensated for, and the benefits of the development would not clearly outweigh this harm, triggering the exception in Paragraph 186(b) of the Framework.
The benefits of housing delivery and self-build provision, given significant weight, were outweighed by the significant harm to the SSSI which could not be adequately mitigated, with the SSSI policies providing a clear reason for refusal that displaced the presumption in favour of sustainable development
What the Inspector cited
- Development plan policies
- Policy BNE35Policy BNE37
- National Planning Policy Framework
- Paragraph 11Paragraph 70Paragraph 180Paragraph 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 appliedThe 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.
With an account
What an account adds to this decision
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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.