# Historic Toilet Block, Road of Remembrance, Folkestone

- **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
- **Tags:** tier-2, conservation-area, heritage-no-harm, dm7-other-regimes, parties-consulted-on-2026-framework

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/published-document/154d3a19-ada4-40ac-8000-fbb2d64283e9
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009405

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009405.html

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