®Planning appeal decision
Land off Forest Hill, Tovil, Maidstone, Kent, ME15 6FG
‘2 x 4-bedroom dwellings with associated car parking and landscaping’
- Authority
- Maidstone Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Smith J
Main issues, as the Inspector framed them
- the effect of the proposed development on the character and appearance of the area
- whether suitable arrangements would be in place to avoid or mitigate any effect on protected species
What decided it
The absence of a section 106 planning obligation to secure the reptile translocation, habitat enhancement, and long-term management at the receptor site meant suitable arrangements could not be in place to avoid or mitigate harm to protected species, contrary to Circular 06/2005 and paragraph 186 of the Framework.
the benefits of housing supply and site improvement did not outweigh the very significant weight to be given to harm to protected species under the statutory duty to conserve biodiversity
Framework references: 135, 186
Plan policies cited: Policy LPRSP2, Policy LPRSP15, Policy LPRSP14(A), Policy LPRQD7
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.