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Planning appeal decision

Dismissed18 July 20253356329

Units 1 & 2 Parsonage Farm, Seed Road, Newnham, Kent, ME9 0NA

Change of use to C3 residential, demolition of existing industrial units and construction of four houses

Authority
Swale Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Szymanski D

Main issues, as the Inspector framed them

  • the effect of the proposal upon designated habitats sites
  • whether or not the proposal is compliant with development plan policy for the loss of rural employment sites
  • whether or not the proposal would be well-located for access by non-car modes of transport
  • the effect of the proposal upon the character and appearance of the area including the Kent Downs National Landscape
  • the effect of the proposal upon the setting and significance of the Grade II* Listed Church of St. Peter and St. Paul
  • whether or not the proposal is consistent with policies for the location of new residential development
  • the effect of the proposal upon protected species

What decided it

The failure to secure mitigation for likely significant effects on designated habitats sites, which under section 63(5) of the Habitats Regulations precludes the scheme from proceeding, combined with significant harm to the Kent Downs National Landscape and conflicts with rural employment and location policies.

The moderate economic benefits during construction and limited ongoing local economic support, together with the Council's inability to demonstrate a five-year housing land supply, were significantly and demonstrably outweighed by very substantial weight against the likely significant effects on habitats sites, significant weight against harm to the Kent Downs National Landscape and conflicts with development plan location policies, and moderate weight against dependence on private vehicles; the tilted balance did not apply because policies protecting areas of particular importance provided a strong reason for refusal.

Framework references: 8, 11, 73, 83, 110, 139, 188, 189, 192

Plan policies cited: Policy ST1, Policy ST3, Policy CP4, Policy DM3, Policy DM14, Policy DM24, Policy DM28

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.