The appeal against the decision by Swale Borough Council to refuse to grant planning permission for a restaurant in the No 1 Black Shed, has been dismissed.
However, it was dismissed only on the main issues of the preservation of the special interest of the listed building, and the preservation or enhancement of the character or appearance of the conservation area.
The three additional issues of vitality and viability, marine history and future maritime related use, and highway safety, were rejected. This resulted in costs being awarded against SBC for these issues.
It is worthwhile reading the reasoning of the Inspector [very readable] especially with regard to possible future creekside planning issues. It is critical to supply proper evidence to support claims.
Interestingly, the Inspector does mention ‘risk of flooding’ in his concluding remarks for dismissal of the appeal.
Full Text below – click on link