Land to the Rear of 70 Lower Vicarage Road, Kennington, Ashford, TN24 9AS

Main issues, as the Inspector framed them

• the effect of the proposal on the living conditions of future occupiers, with particular regard to privacy and overlooking
• the integrity of European and national habitats site designations at Stodmarsh Lakes
• protected species, with particular regard to reptiles

What decided it

The proposal would have an adverse effect on the integrity of Stodmarsh Lakes habitats sites, and Regulation 63(5) of the Habitats Regulations dictates that permission must not be granted in the absence of sufficient mitigation measures and imperative reasons of overriding public interest.

Although the proposal would assist in addressing the housing land supply shortfall (moderate weight) and provide limited benefits from use of under-utilised land, biodiversity measures and economic benefits (limited weight each), the adverse impacts related to living conditions and protected species would significantly and demonstrably outweigh these benefits when assessed against the Framework taken as a whole, and paragraph 11d(i) provides a strong reason for refusal due to the habitats sites designation.