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Planning appeal decision

Dismissed22 June 20266004150

Land at Vicarage Road, Yalding, ME18 6DS

Permission in Principle (PiP) for three self-build and custom build dwellinghouse plots in a phased manner

Authority
Maidstone Borough Council
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
ME18 6DS

Main issues, as the Inspector framed them

  • whether the land use and amount of the proposed development is acceptable, having regard to whether the proposal would preserve the setting of nearby Grade II listed buildings Wardes Moat and The Stables
  • the effect of the proposed development on the character and appearance of the area, including veteran trees
  • the effect of the proposal on protected species

What decided it

The moderate less-than-substantial harm to the setting of the Grade II listed buildings and the likely loss or deterioration of veteran trees, neither of which could be justified by the public benefits of the scheme, meant that paragraph 11(d)(ii) of the Framework was not engaged and the proposal conflicted with the development plan.

The public benefits of housing delivery, self-build provision, local economic benefits and environmental benefits from planting were weighed against the moderate less-than-substantial harm to listed building settings and the likely loss or deterioration of veteran trees; the balance tipped decisively against the proposal because the heritage and irreplaceable habitat harms could not be overcome.

Framework references: 11, 193

Plan policies cited: LPRSP14, LPRENV1, LPRSP15, LPRSP9, LPRQD4, LPRSS1, LPRHOU9

Judgments cited: Bernard Wheatcroft v Secretary of State for the Environment (1982)

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.