®Planning appeal decision
Land adjacent to 'Daven', Blindgrooms Lane, Shadoxhurst, Ashford, Kent, TN26 1HN
the erection of two houses along with double carport/garage and associated works in side garden area
- Authority
- Ashford Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Francis L
Main issues, as the Inspector framed them
- the effect of the proposal on the integrity of the European designated sites
- whether the site is a suitable site for housing having regard to its location outside the settlement boundary
- the effect of the proposal on the character and appearance of the surrounding area
- the effect of the proposal on the protected trees
What decided it
The potential for the development to have an adverse effect on the integrity of the Stodmarsh European designated sites through increased wastewater discharge, with no agreed mitigation strategy in place, conflicts with the Habitats Regulations and the Framework's protection of Habitats Sites, which provides a clear reason for refusal that disapplies the presumption in favour of sustainable development despite the shortfall in housing land supply.
The benefits of delivering two dwellings and moderate sustainability benefits were outweighed by the potential adverse effect on the integrity of the Stodmarsh European designated sites, a matter protected by national policy that provides a clear reason for refusal under paragraph 11 of the Framework.
Framework references: 11, 83, 108, 109
Plan policies cited: Policy HOU5, Policy SP1, Policy SP6, Policy ENV3a, Policy ENV5
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.