Land at The Coppice, New Road, Saltwood, CT21 4QE

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision Site visit made on 3 June 2024 by J Pearce MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 11th July 2024 Appeal Ref: APP/L2250/W/23/3334818 Land at The Coppice, Saltwood, Folkestone, Kent • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Jarvis Land Promotions Ltd. against the decision of Folkestone and Hythe District Council. • The application Ref is 23/1366/FH/PIP. • The development proposed is residential development for up to 4 dwellings. Decision 1. The appeal is dismissed. Procedural Matters 2. The proposal is for permission in principle. The Planning Practice Guidance advises that this is an alternative way of obtaining planning permission for housing-led development. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in principle, and the second stage (technical details consent) is when the detailed proposals are assessed. This appeal relates to the first of these two stages. 3.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted1. All other matters are considered as part of a subsequent technical details consent application, if permission in principle is granted. 4. The revised National Planning Policy Framework (the Framework) was published in December 2023. However, the changes to national policy arising from it are not relevant to the areas of dispute for this appeal. Accordingly, I have not sought comments from the main parties about this matter. 5. The reason for refusal referred to policies within the Shepway Core Strategy Local Plan 2013 (CS). However, the Council has subsequently confirmed that the CS and its policies are no longer relevant and have been superseded by the Core Strategy Review 2022 (CSR). 6. In November 2023, all designated Areas of Outstanding Natural Beauty (AONBs) in England and Wales became ‘National Landscapes’. Nevertheless, the Framework still refers to AONBs and their legal designation and policy status remain unchanged. Therefore, I will still refer to the Kent Downs AONB within this decision. 1 Paragraph: 012 Reference ID: 58-012-20180615 https://www.gov.uk/planning-inspectorate

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3334818 7. A sketch layout plan is included to demonstrate how the site might be developed. Accordingly, I have treated this plan as illustrative. Main Issue 8. The main issue is whether the site is suitable for proposed development, having regard to its location, the proposed land use and the amount of development. Reasons 9. The appeal site is part of a larger parcel of land adjacent to the settlement boundary of Saltwood. Policies SS1 and SS3 of the CSR set out the spatial strategy and directs development towards existing sustainable settlements, including the Urban Area and to the most sustainable towns and villages. Policy SS3 of the CSR explains that this is to protect the open countryside. 10. Saltwood is identified as a ‘primary village’ within the settlement hierarchy and includes primary and secondary schools, a public house, convenience store and bus stops. These facilities and services are within a reasonable walking distance of the site via New Road. Nevertheless, the site is outside of the defined settlement where Policy SS1 of the CSR states that development will only be allowed exceptionally. 11.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision Policy CSD3 of the CSR states that in locations outside the settlements identified in the settlement hierarchy development may be allowed if a rural location is essential based on the criteria within the policy. However, no substantive evidence has been provided to suggest that the rural location is essential or that the appeal proposal would fall under any of these exceptions and therefore it would not accord with this policy. 12. The development would not result in isolated new homes in the countryside due to their position adjacent to existing development forming the settlement of Saltwood. Furthermore, the provision of facilities and services within Saltwood would mean that future occupants of the development would not be reliant on private vehicles to access such facilities. Nevertheless, the site is outside of the defined settlement boundary of Saltwood and consequently the proposal would conflict with Policies SS1, SS3 and CSD3 of the CSR. 13. The site is within a Special Landscape Area and while outside of the Kent Downs AONB, it is close to its boundary. Paragraph 182 of the Framework requires that great weight should be given to conserving and enhancing landscape and scenic beauty in the AONB.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision I am also mindful of the statutory purpose of AONBs to conserve and enhance the natural beauty of the area. 14. The site includes existing buildings and structures and extends into the field beyond a poultry enclosure. The appellant indicates that the buildings have been used for storage purposes and that consequently the site is previously developed land. There is limited substantive evidence in respect of the use of the buildings, nonetheless they occupy only a limited proportion of the site. Moreover, the buildings have a low visual impact on the surrounding area due to the small scale and their discreet position on the site. 15. Development is typically denser towards the centre of the settlement with a looser arrangement fronting Sandling Road and The Coppice. The site and rear gardens of properties fronting Sandling Road contribute positively to the rural https://www.gov.uk/planning-inspectorate 2

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3334818 character of the area. This is experienced from the public right of way, which adjoins the boundary of the site. The site has an intimate and enclosed rural character which belies its proximity to the settlement edge. 16. precise layout and scale of the proposed development would be a matter for technical details consent. Nevertheless, while the submitted layout is indicative, it demonstrates that considerable built form could spread across the site into the open field beyond the existing trees and structures. This overtly urban appearance would erode the verdant character of the site. I accept the appellant’s landscape evidence that2 the topography and presence of landscape features, including mature trees, would limit the visual effect of development on the AONB landscape. Nevertheless, the proposal would be highly visible within the immediate area where the development would be harmfully at odds with the verdant and intimate character. 17. I conclude that the site is not suitable for the proposed development, having regard to its location, the proposed land use and the amount of development.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision The proposal therefore conflicts with Policies SS1, SS3 and CSD3 of the CSR and Policies HB1 and NE3 of the Places and Polices Local Plan 2020 and the Framework, which collectively seek to protect the landscape character and require proposals to be of a high quality, make a positive contribution to its surroundings and be designed to directly contribute to the sense of place. Other Matters 18. The proposal would make a positive contribution to housing supply and delivery within walking and cycling distance of services and facilities with associated social and economic benefits during the period of construction and once the dwellings are occupied. Nonetheless, the associated benefits are limited by the scale of the development proposed and would not outweigh the harm that I have identified. 19. The proposal may result in a net gain of biodiversity at the site. Nonetheless, there is no supporting information to demonstrate that a net gain would be achievable, and I cannot be certain that any gain would be sufficient to outweigh the harm identified. Conclusion 20. Planning law and the Framework require proposals to be determined against the development plan unless material considerations indicate otherwise.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — Appeal Decision The proposed development would conflict with development plan policy for the location of housing and would undermine the Council’s plan-led approach, contrary to paragraph 15 of the Framework. 21. The proposal conflicts with the development plan as a whole. Material considerations do not indicate that a decision should be made other than in accordance with the development plan. For the reasons given above the appeal should be dismissed.

Land at The Coppice, New Road, Saltwood, CT21 4QE — Folkestone and Hythe District Council — J Pearce INSPECTOR 2 ES Landscape Planning Ltd Landscape & Visual Matters (November 2023) https://www.gov.uk/planning-inspectorate 3