Planning Appeal Win for 28 Dwellings Against Dover District Council

In 2019, planning permission was secured at appeal from Dover District Council for 28 homes, on a site formally designated as open space.

The case had a highly complex history involving an earlier High Court challenge that successfully overturned a dismissed appeal Inspector's decision.

The final approval followed a new application and a further appeal, at which Dover's five-year housing land supply shortfall was the decisive argument.

Overcoming Restrictive Planning Policies in Dover

Outline planning permission was secured at appeal from Dover District Council for 28 dwellings — a multi-year process involving a succession of applications, appeals, and ultimately a High Court challenge.

The site was formally designated as open space in Dover's local plan — a significant constraint that had been overcome in a previous appeal.

However, that appeal was then dismissed on highway safety grounds. The Inspector's decision was challenged in the High Court (*Suregold Ltd v Secretary of State and Dover District Council*), where it was successfully argued that the Inspector had committed a procedural error by failing to consider the appellant's final comments, and had also incorrectly applied Paragraph 14 of the NPPF 2012, which sets out the presumption in favour of sustainable development.

The court quashed the decision.

A new application was subsequently submitted and refused by Dover District Council, leading to a further appeal.

At that stage, the authority's housing land supply was rigorously interrogated, demonstrating that Dover could evidence fewer than five years of supply.

The combination of the housing supply shortfall, the earlier Inspector's acceptance that the open space designation could be overcome, and the sustainable nature of the scheme produced a compelling case that the Planning Inspector accepted in full.

Permission was granted, delivering 28 new homes — including affordable units — on a site that had been through the planning system multiple times over several years.

Planning Appeal Advice

If you have a development project in Kent and you have received a planning refusal, contact me for practical advice on whether an appeal is the right option and how to proceed.

Andrew Ransome MRTPI Email: andrew@adpltd.co.uk | Tel: 01206 242070

About me

Andrew Ransome is the planning director at ADP and is a chartered member of the RTPI, with over 22 years of town planning experience.

Andrew has extensive experience offering strategic planning solutions to challenging projects in both rural and urban settings. Follow him on Linkedin.

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