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Dismissed6 September 20243339194

The Former Dragoon Public House, 40 Sandling Road, Maidstone, Kent, ME14 2RF

Planning appeal 3339194 at The Former Dragoon Public House, 40 Sandling Road, Maidstone, Kent, ME14 2RF (Maidstone Borough Council) was dismissed on 6 September 2024 by Inspector Davies G, by written representations. The main issue, as the Inspector framed it: Whether the change of use of the property from a public house is justified.

conversion of former public house into 1no. 2- bedroom flat and 3no. 1-bedroom flats including erection of first floor extension and changes to fenestration

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Davies G
Postcode
ME14 2RF

Main issues, as the Inspector framed them

  • Whether the change of use of the property from a public house is justified
  • The effect of the proposal on the building as a non-designated heritage asset and its effect on the settings of the Grade II* listed Officers Quarters, and Grade II listed 63 to 89, 92, 94 and The Flower Pot Public House, Sandling Road and the embankment and railings opposite to them

What decided it

The appellant's failure to provide audited financial reports and marketing evidence required by Policy LPRINF2 to justify the loss of the public house, combined with the Council's ability to demonstrate adequate housing land supply, means the housing benefit cannot outweigh the development plan conflict.

The benefits of creating 4 residential flats were given only moderate weight and did not outweigh the conflict with Policies LPRCD1 and LPRINF2 regarding loss of a community facility without adequate evidence of non-viability.

What the Inspector cited

Development plan policies
Policy LPRCD1Policy LPRINF2Policy LPRSP2Policy LPRSP14(B)Policy LPRSP15Policy LPRENV1
National Planning Policy Framework
Paragraph 209Paragraph 11

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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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.