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Dismissed25 April 20243328101

Land Adjoining 1 Malvern Road, Dover, Kent, CT17 9RF

Planning appeal 3328101 at Land Adjoining 1 Malvern Road, Dover, Kent, CT17 9RF (Dover District Council) was dismissed on 25 April 2024 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the surrounding area.

erection of 52 no. self-contained flats, vehicle access and parking

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Smith D
Postcode
CT17 9RF

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the surrounding area
  • The effect on the living conditions of adjoining occupiers in Folkestone Road and at 1 Malvern Road with particular reference to privacy and visual impact
  • Whether living conditions for future occupiers of the flats would be satisfactory having regard to the availability of private amenity space and the outlook from the basement flats
  • Whether the potential implications for ecology have been properly considered

What decided it

The adverse impacts of the proposal on character and appearance and living conditions of adjoining residents significantly and demonstrably outweigh the benefits of housing delivery when assessed against the Framework taken as a whole, such that the presumption in favour of sustainable development does not apply.

The benefits of delivering 52 residential units on brownfield land in a sustainable location were outweighed by the substantial harm to character and appearance, the incongruous visual impact on the locality, and the unacceptable visual impact on the living conditions of adjoining residents, with the importance of good design and amenity trumping the housing provision.

What the Inspector cited

Development plan policies
Policy PM1Policy PM2Core Strategy Policy CP6Policy DM1Policy DM11Policy DM5Policy DM13
National Planning Policy Framework
Paragraph 48Paragraph 11

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

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More decisions in Dover District Council

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

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  4. Dismissed14 September 20266006123
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  5. Dismissed14 August 20266009267
    Land North East Of Ballinderry House, Folkestone Road, Dover, CT15 7AB

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.