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08.11.2021
In one of two recovered appeal decisions issued last week – the first since The Rt Hon Michael Gove MP was appointed Secretary of State for Levelling Up, Housing and Communities – permission was refused for a strategic scale, residential-led scheme in Rainham, Medway.
At 1,250 dwellings, this was the largest housing scheme considered by the Secretary of State in 2021.
Notwithstanding the "very substantial benefits" of the scheme, and taking the "significant shortfall in supply very seriously", the Minister concluded that the harms – including the "severe residual cumulative impact" on the local highway network, the loss of a "significant area of BMV land", and the "substantial adverse landscape and visual impacts" to a valued landscape – significantly and demonstrably outweighed the benefits.
In doing so, the Minister agreed with the recommendations of his inspector, Jennifer Vyse, who had presided over an inquiry which lasted five weeks and heard from 12 expert witnesses, with matters in dispute including: landscape, heritage, agricultural land, transport modelling and planning.
Key points from the inspector's report and decision letter include:
The Minister also agreed with the recommendation of his inspector to make a partial costs award in favour of the Council.
Robert Williams appeared as counsel on behalf of Medway Council at the Inquiry. A copy of the decision is available here.
Case
Controversial housing proposal on allocated site dismissed on appeal due to heritage harm with a costs award made against the appellant11.05.2022
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