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Notice upheld23 October 20253358271

89 Bryant Road, Rochester, ME2 3ES

Planning appeal 3358271 at 89 Bryant Road, Rochester, ME2 3ES (Medway Council) was dismissed on 23 October 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
ME2 3ES

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.

What the Inspector cited

Development plan policies
Policy BNE2Policy S6Policy BNE35
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 193Paragraph 195

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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More decisions in Medway

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld10 April 20263342871
    4 Everest Lane, Rochester, ME2 3XA
  2. Notice varied and upheld24 March 20263338789
    100 Woodside, Gillingham, ME8 0PW
  3. Planning permission granted19 March 20263338738
    382 Canterbury Street, Gillingham, ME7 5LD
  4. Notice upheld20 October 20253349682
    20 Oakhurst Close, Chatham, ME5 9AN
  5. Notice upheld22 September 20253304820
    171 High Street, Rochester, Kent, ME1 1EH

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.