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Planning appeal decision

Dismissed1 April 20266002778

Dalham Barn, Cooling Road, High Halstow, Kent, ME3 8SE

retrospective application for a self-build dwelling following the approval of a Class Q application (with reference MC/23/2723)

Authority
Medway Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Francis L

Main issues, as the Inspector framed them

  • whether the site is a suitable location for the proposed dwelling having regard to the Council's strategy for the location of development and access to services and facilities
  • the effect of the proposal on ecology
  • the effect of the proposal on the character and appearance of the countryside

What decided it

The insufficient information regarding the presence of protected species (great crested newts) and the lack of adequate mitigation, combined with the conflict with the development plan's locational strategy, meant that the harm significantly and demonstrably outweighed the benefits when assessed against the Framework as a whole under the tilted balance.

The benefits of delivering one new dwelling, self-build provision, economic benefits, energy efficiency features and re-use of barn materials were outweighed by the significant harm to protected species that could not be adequately mitigated and the conflict with the development plan's locational strategy, even accounting for the mitigating factor of the existing Class Q prior approval.

Framework references: 11, 193, 232

Plan policies cited: Policy S1, Policy S2, Policy BNE25, Policy BNE37, Policy BNE1, Policy H004, Policy H006

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.