Appeal win for 2x semi-detached dwellings in Charing, Kent

We are ending the year on a roll with another win, this time securing approval at planning appeal for the demolition of an existing dwelling and the erection of 2 new homes in Charing, Kent. This approval will enable the development of a pair of architect designed, stylish, 4x bed, semi-detached dwellings in spacious garden plots.  Not only does the proposal see the effective use of previously developed land, but it will also go some way to helping Ashford meet their Housing Delivery Target, which currently suffers from a shortfall of c. 283 homes.

Responding to refusal reasons and finding common ground

The site had a lengthy planning history. Approval had been secured on site for a single residential dwelling previously.  However, it was clear this did not make effective use of land and that a larger scheme would be more suitable.  Despite a number of refusals for schemes involving a greater quantum of development, we reviewed the site context, planning history and policies, and identified a strategic way forward. Liaising with the developer, architect and various technical teams we worked effectively across the project group to produce an application that would meet Ashford’s requirements and respond to any previous reasons for refusal.  During this time the Local Plan changed which meant the parameters for compliance also had to adapt. We engaged proactively with the Case Officer and were delighted when the application was recommended for approval.

However, the proposal was to be determined at Planning Committee where, despite the positive recommendation from the Case Officer, it was refused on a single ground, relating to the impact on local character and the amount of hardstanding for the car parking area.

Resolving policy conflict & using the ‘Wheatcroft’ principles

A key dilemma with this case involved conflicting policy; on the one hand the LPA had parking standards to adhere to, but on the other hand in this case, they felt that in meeting policy requirements, too much hardstanding and been proposed, which in turn would impact on character. We successfully demonstrated alternate strategies for changing the scheme to accommodate the various policies and mitigate concerns, using the ‘Wheatcroft’ principles – whereby additional information can be added to an appeal provided it does not change the proposals so markedly as to deprive those who should been consulted on the changed development the opportunity of such consultation. As with many planning decisions, not all policies can be simultaneously met, and the Inspectorate has to assess how these can be balanced or mitigated. In this case the Inspector found that the two issues were acceptable with appropriate landscaping and that our proposed changes met the requirements of the Wheatcroft principles.

Housing Delivery and 5-Year Housing Land Supply

Although housing delivery targets were not a key reason for refusal of the original application, we included an up-to-date review of the Ashford Housing Delivery statistics. Although the Local Authority can demonstrate a 5 Year Housing Land Supply, they were not meeting their Housing Delivery Target.  We identified the benefits of the proposal as a windfall site and were pleased that the Inspector agreed with our stance that a 5-year housing supply is not a cap and that if a site can meet with the development plan and meet the sustainable development aims, then it should be granted.

We also provided a compelling fallback position in support of the application and we are delighted that the Inspector allowed the appeal.

How a planning consultant can help

If you are seeking planning support with an appeal or application, then contact our team via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.

Image source:

Invent Architecture 2019