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Planning appeal decision

Notice varied and upheld19 February 20263334865

Beggars Roost, Woolage Green, CANTERBURY, CT4 6SF

Without planning permission, the change of use of an incidental outbuilding to the property known as ‘Beggars Roost’ to two dwelling houses

Authority
Canterbury City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Douglas L

Main issues, as the Inspector framed them

  • whether the development is in a suitable location in principle, with particular regard to the Council's strategic approach to sustainable development
  • the effect of the development on the Stodmarsh Nature Reserve Special Area of Conservation (SAC) and Ramsar site, with particular regard to nutrient neutrality

What decided it

The appellants failed to establish on the balance of probabilities that the material change of use to two dwellings occurred before the four-year immunity period expired, and the development conflicts with the development plan as it is located in an unsustainable countryside location contrary to Policies SP4 and HD4.

The modest benefits of providing two homes and small-scale economic benefits were significantly and demonstrably outweighed by the significant conflict with the development plan's strategic approach to sustainable development and the unsustainable countryside location with limited local services.

Framework references: 11

Plan policies cited: Policy SP4, Policy HD4, Policy SP1

Judgments cited: Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183

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.