Westlea House, Pluckley Road, Charing, ASHFORD, Kent, TN27 0AH

Main issues, as the Inspector framed them

• the effect of the proposal on the integrity of protected Habitats sites
• the effect of the proposal on the character and appearance of the area
• whether or not acceptable living conditions would be created for future occupants with particular regard to privacy and provision of waste storage and collection
• the effect of the proposal on the living conditions of the occupants of Briar Rose with particular reference to outlook
• the effect of the proposed development on highway safety, with particular regard to parking provision and visibility at the site access

What decided it

The failure to secure appropriate mitigation measures to achieve nutrient neutrality and prevent likely significant adverse effects on the integrity of the Stodmarsh Lakes Habitats site, which is precluded by Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017.

The social and economic benefits of delivering additional housing in a location close to the village were significant considerations weighing in favour of the scheme, but the development would result in likely significant effects to a Habitats site which attracted substantial weight against the proposal, and Regulation 63(5) precluded the competent authority from agreeing to the plan or project.