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The titled balance tipping the right way – appeal win for 32 units in Sevenoaks

32 dwellings

An update on the status of the planning application submitted to Sevenoaks District Council earlier in the year for 32 homes (24 apartments and 8 townhouses) on a former playing field within an existing settlement. The Council refused the application on the basis that the proposed quantum of development would result in siting, layout, scale, height, and design of buildings that would result in harm – in particular in relation to the illustrative three storey apartment block. Officers also flagged the lack of legal agreements to secure financial contributions to offset the loss of the playing field and to secure affordable housing provision.

We submitted an appeal, and the decision was issued on 1st November 2021.

Plainview was able to make a compelling case in support of the appeal on the basis of the following points:

  • 93% of the district is designated as green belt. This raises the importance of delivering efficient sites within the tightly drawn settlement boundaries;
  • The emerging Local Plan was found unsound, and the LPA could only demonstrate a 2.6 year housing supply – engaging the “tilted balance”;
  • Design – noting this is was an outline application for “up to” 32 dwellings. Matters of design are to be addressed at reserved matters stage;
  • Demonstration that a maximum density of 69 dwellings per hectare is wholly appropriate given the local context and the spatial constraints the district faces;
  • Submitting a signed unilateral undertaking to secure the provision of affordable housing; and
  • Submission of a signed unilateral undertaking to provide the required financial contribution in line with advice from Sport England.

The Inspector concluded that despite there being moderate harm to the landscape and character of the area as a result of the proposal and resultant design policy conflict, this was outweighed by the provision of housing in a LPA with a 2.6 year housing land supply – which was considered a “grave shortfall”. This represented an important material consideration and was seen as sufficient to outweigh the conflict with the development plan. As a result, the appeal was allowed.

Given the LPA’s current Local Plan position and need for housing, now is a good time to consider submitting applications for housing development. There is also a live Call for Sites Consultation open until January 20th 2022, with initial focus on sites within settlement boundaries and outside of the green belt. See here for further detail. 

Should you wish to discuss any future opportunities or gain assistance with any Call for Sites submissions, please get in touch with our planning team via enquiries@plainview.co.uk 

IMAGE SOURCE:  Urban and Rural Ltd.