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Planning appeal decision

Dismissed25 April 20243328101

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

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

Authority
Dover District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Smith D

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.

Framework references: 48, 11

Plan policies cited: Policy PM1, Policy PM2, Core Strategy Policy CP6, Policy DM1, Policy DM11, Policy DM5, Policy DM13

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.