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Planning appeal decision

Dismissed19 June 20266006942

Baa Lamb Cottage, Burmarsh, TN29 0HY

the change of use of domestic residential art sales studio out building to self contained holiday let, without complying with a condition attached to planning permission Ref 21/1841/FH, dated 4 November 2021

Authority
Folkestone and Hythe District Council
Appeal type
Planning
Procedure
Written
Development
leisure-sport
Postcode
TN29 0HY

Main issues, as the Inspector framed them

  • Whether the disputed condition is necessary having regard to the settlement strategy and the location of the site relative to services and facilities
  • Whether the disputed condition is necessary having regard to the safety of occupants in the event of flooding

What decided it

The removal of the disputed condition would result in unrestricted residential occupation in the countryside outside a sustainable settlement, contrary to CSR Policies SS3 and CSD3 and NPPF paragraph 84, and would result in loss of tourist accommodation, with no material considerations outweighing this conflict with the development plan.

Framework references: 57, 84, 88

Plan policies cited: LP Policy E7, CSR Policy SS3, CSR Policy CSD3, Policy HB1

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.