®Planning appeal decision
89 Bryant Road, ROCHESTER, ME2 3ES
without planning permission, the conversion and change of use of a single storey store to the rear of the property to a self-contained residential flat
- Authority
- Medway Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- the effect of the breach of planning control on the living conditions of the occupiers of the self-contained residential flat in respect of its size, outlook, privacy and provision of outdoor amenity space and access
- the integrity of the Thames Estuary and Marshes and the Medway Estuary and Marshes Special Protection Areas
What decided it
The significant harm to living conditions and the inability to rule out adverse effects on the integrity of the Special Protection Areas, combined with the absence of any imperative reasons of overriding public interest, meant the presumption in favour of sustainable development did not apply and the development could not be permitted.
The significant harm to living conditions and the likely significant adverse effects on the integrity of the Special Protection Areas were not outweighed by the small positive contribution to housing supply and limited economic benefits, particularly as paragraph 195 of the NPPF provides a strong reason for refusing development affecting habitats sites.
Framework references: 11, 135, 193, 195
Plan policies cited: Policy BNE2, Policy S6, Policy BNE35
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.