- Decision
- allowed, 17 September 2026
- Decided by
- Planning Inspector: L Gardner
- Authority
- Folkestone and Hythe (South East)
- Appeal reference
- 6009405
- Application reference
- 25/2308/FH
- Procedure
- written representations
- Development
- Soldier-statue military memorial at exposed Victorian latrine on the Road of Remembrance
- Site context
- conservation area, listed building setting, inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HE9, HE6, DM7
- Development plan policies
- Folkestone & Hythe Places and Policies Local Plan 2020 HB1
- Main issues
- conservation area and listed building settings; highway safety
Summary
A modest soldier-statue memorial beside Folkestone's grade II* War Memorial was allowed. It would complement the existing commemorative grouping rather than cluttering it, and the conservation area and listed-building settings were preserved. The Inspector cited DM7 to decline a stopping-up condition: decision makers "should assume … that separate regulatory regimes will operate effectively" (DL ¶27).
What made the difference
The modest scale and physical separation from the existing memorials (DL ¶12). The use of DM7 is a small but reusable point against conditions that duplicate highways powers.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE9 | pass | complementary to existing memorial concentration, not clutter; CA preserved (DL 12-13) | |
| HE6 | not-engaged | settings of grade II* War Memorial and grade II Memorial Cairn preserved (DL 13, 21) | |
| DM7 | pass | stopping-up order condition unnecessary — assume other regimes operate effectively (DL 27) | |
| TR4 | pass | no footway on that side but no persistent crossing likely (DL 14-17) |
Key facts
- Site is highway land requiring a stopping-up order
- Flagpole and signage need separate advertisement consent
- Parties given opportunity to comment on new Framework
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.