Casebook: Appeal cases - Housing New Build - Backland scheme held to harm listed setting

A scheme comprising 13 flats and houses to the rear of a grade II* listed building in a Kent conservation area has been turned down by the deputy prime minister on the basis that it would harm the setting of the building and pose a significant threat to important trees.

The development involved demolishing part of a wall together with a garden shed and garages. The site was included in an area identified in an emerging local plan for comprehensive redevelopment, including housing. But the inspector decided that the scheme would leave the listed building with an unduly small garden area.

This would undermine its setting and the character of the conservation area, the inspector concluded. In her view, the harm would be compounded if it resulted in the loss of protected trees, which would lie close to the proposed dwellings. The deputy prime minister accepted her recommendation to dismiss the appeal.

DCS No: 53604429; Inspector: Katie Peerless; Written representations.

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