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Dismissed26 June 20243335240

Land off Forest Hill, Tovil, Maidstone, Kent, ME15 6FG

Planning appeal 3335240 at Land off Forest Hill, Tovil, Maidstone, Kent, ME15 6FG (Maidstone Borough Council) was dismissed on 26 June 2024 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

‘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
Postcode
ME15 6FG

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

What the Inspector cited

Development plan policies
Policy LPRSP2Policy LPRSP15Policy LPRSP14(A)Policy LPRQD7
National Planning Policy Framework
Paragraph 135Paragraph 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 applied

The decision letter

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More decisions in Maidstone Borough Council

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

  1. Dismissed29 October 20266010536
    21 Tasker Close, Bearsted, Maidstone, ME15 8NZ
  2. Allowed27 October 20266015190
    Little Southernden, Southernden Road, Headcorn, TN27 9LL
  3. Allowed27 October 20266011721
    Loxley House, Gravelly Bottom Road, Kingswood, Maidstone, ME17 3NT
  4. Allowed27 October 20266011076
    Little Southernden, Southernden Road, Headcorn, TN27 9LL
  5. Allowed26 October 20266010539
    Land Rear Of 58 Church Street, Boughton Monchelsea, Maidstone, ME17 4HN

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.