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Planning appeal decision

Dismissed16 June 20266006549

133, Jemmett Road, Ashford, TN23 4RJ

Change of use from a single dwelling to 2 separate dwellings by internal partition of existing 4 bed house into 2 x 2 bed separate units (retrospective) Resubmission of 22/00430/AS

Authority
Ashford Borough Council
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
TN23 4RJ

Main issues, as the Inspector framed them

  • whether the proposal would provide future occupiers with satisfactory living conditions, having particular regard to the internal space within 133A Jemmett Road and the adequacy of the outdoor amenity space at 133 and 133A Jemmett Road
  • the effect of the proposal on the integrity of protected European sites

What decided it

The deficiency in internal floorspace of unit 133A against the Nationally Described Space Standards, combined with the inability to secure nutrient neutrality for protected European sites, cumulatively outweighed the modest housing benefit.

The modest social and economic benefits of providing a single additional dwelling were outweighed by the significant conflict with development plan policies requiring satisfactory living conditions and the unresolved conflict with the Habitat Regulations regarding nutrient neutrality for protected sites.

Framework references: 11, 135, 193

Plan policies cited: Policy HOU 12, Policy HOU 15, Policy SP6, Policy ENV1

Judgments cited: Holborn Studios Ltd v London Borough of Hackney [2017] EWHC 2823 (Admin)

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.