Kent Online reports on the decision by the planning inspector to overturn Swale Council's decision to refuse permission for homes to be built behind the FJ Williams joinery yard
The Planning Inspectorate has allowed an appeal by developers against a refusal to grant outline planning permission for houses to be built in Lynsted. They have granted permission for the erection of up to 10 residential dwellings at land east of Lynsted Lane, which had been turned down by Swale Council's planning committee.
The inspector considered the main issues to be whether the development would be suitably located in terms of its accessibility to services and facilities, and whether the proposal would comply with the Council's settlement strategy.
They acknowledged that the site comprises part of a field of open grassland which sits outside the settlement boundary of Teynham. However, because Teynham is close by and classified as a Rural Local Service Centre it is considered to provide an “array of facilities” - notwithstanding the lack of “some” health facilities and a secondary school.
The inspector noted the existence of bus stops located a short distance from the appeal site and considered that “reasonably frequent services towards larger nearby settlements” were provided. They also commented on the existence of Teynham train station which was found to be accessible via an “attractive route of footpaths through residential areas” and also an attractive route for cyclists (despite having to navigate the A2 before reaching Station Road).
Together, these public transport connections were considered to provide an “attractive alternative to private car use” thereby complying with the objectives of the NPPF relating to sustainable transport and availability of a choice of transport modes.
Regarding highways issues, the inspector noted that the evidence provided by third parties (which included Lynsted with Kingsdown Parish Council) show existing conditions on the northern part of Lynsted Lane to be “chaotic and harmful to highway and pedestrian safety”. Any increased vehicle movements here, arising from the proposal, would be likely to worsen these existing conditions and would entail the loss of existing on-street parking opportunities used by residents and users of London Road shops. However they were satisfied that “an appropriate solution exists for the works to the highway” and that the proposal “could” accommodate parking spaces to help compensate for those lost.
Whilst there would be additional traffic at the junction with London Road, the inspector considered that the impact would be “negligible”. They appreciated local concerns that the proposal may form part of an intended wider development including land to the South. However, regardless of intentions, their assessment had to relate to the appeal scheme under consideration.
The inspector acknowledged that the proposal conflicted with policies ST3 and ST1 of the Swale Local Plan and that it would conflict with the Council's settlement strategy – these being the reasons why Swale’s planning committee refused permission in the first place.
Policy ST3 states that in the open countryside, outside the built-up area boundaries, development will not be permitted unless supported by national planning policy and able to demonstrate that it would contribute to protection and, where appropriate, enhancing the intrinsic value, landscape setting, tranquilly and beauty of the countryside. Policy ST1 requires development proposals to accord to the Local Plan settlement strategy.
However, the inspector ruled that because Swale does not have a five-year land supply for housing, paragraph 11D of the NPPF prevails. This stipulates that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole.
Whilst noting significant local opposition to the scheme, the inspector did not consider that the quantum of objections in itself amounts to a material consideration of sufficient weight to dismiss the appeal.
So, although the inspector found that the proposal would conflict with the Swale development plan, they ruled that national policy overrides it.
Permission was granted subject to conditions (amended by the inspector) already suggested by planning officers. These conditions include the requirement for approved drawings in relation to access; details of surface water drainage and consumption; details of cycle parking and additional parking spaces for existing residents; plus the approval of highways works.
A construction method statement is also required which includes, amongst other things, “methods for dealing with complaints from local residents”.
The Planning Inspectorate's full Appeal Decision can be read HERE
Further to the letter sent to Burlington Property Group (ATTACHED), we have now received a response from their Land Director. He has confirmed that they will no longer be pursuing the site to the west of The Street - so won't be submitting a planning application. Below is his letter:
Hi Julien
Thank you very much for your email and attached letter. We are grateful to you for undertaking such an extensive survey.
Having reviewed the content, I agree that the message is very clear.
As a Team, we believe that this is a real shame as our proposals represented an excellent opportunity of turning a locked off inaccessible field into a multifunctional accessible and usable amenity space for local residents, whilst also delivering much needed new homes and community facilities. We would also have investigated the potential for infrastructure upgrades for the benefit of the community.
As mentioned, without community support we will no longer be pursuing the site so won't be submitting a planning application.
I would like to thank you and Marion for your willingness to engage.
Many thanks
Nathan
Burlington Property Group presented outline proposals to over 50 residents on Saturday 24 June for land West of The Street in Lynsted. This is the field where the village fete used to be held, opposite The Vallance.
The Parish Council has carried out a survey seeking resident feedback. The questionnaire is attached HERE and the survey has now closed. The results have been analysed and the findings will be published soon.
A public meeting has been arranged this Saturday (24 June) so residents can discuss the plans for a new housing development on land West of The Street. Drop in to Lynsted Church any time between 10am and noon.
At May’s Parish Council meeting, Burlington Property Group presented their outline proposals for the field where the village fete used to be held, opposite The Vallance.
They are planning eight or nine homes. They say they are keen to work with the local community to address the concerns raised in 2015, when a similar scheme was put forward but not progressed.
They are looking to retain the green space facing The Street, making this an open area for use by residents. They state the new houses to the west of the site would take into account the character and appearance of the area and nearby listed buildings. There is also the potential for a community facility.
Please come along to find out more.