- Decision
- dismissed, 17 September 2026
- Decided by
- Planning Inspector: L Gardner
- Authority
- Folkestone and Hythe (South East)
- Appeal reference
- 6011807
- Application reference
- 26/0398/FH/PA
- Procedure
- written representations
- Development
- Class MA prior approval — change of use of ground-floor hair and beauty unit (Class E) to one flat in a conservation area
- Homes
- 1
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HE6(4), HE6(1), HE4(1)
- Main issues
- impact on character or sustainability of conservation area
Summary
Class MA prior approval to convert a vacant ground-floor salon to a flat on a commercial terrace in the Folkestone Leas and Bayle conservation area. Dismissed. With no physical change at all, the loss of commercial function was found to harm the conservation area's significance, which derives partly from its role as a historic town-centre street. The HE6 balance went against the proposal even though the council had no five-year supply.
Issues and findings
- Transition. The inspector applied the 2026 Framework, which the appellant's final comments had referred to (DL ¶4). Section W of the GPDO applies the Framework "as if the application were a planning application" (DL ¶3).
- Harm from change of use alone: HARM (ungraded). "despite no external alterations being proposed, the loss of a commercial unit is still capable of harming the character or sustainability of the CA, even without a specific CA Appraisal requiring the retention of commercial units" (DL ¶11). "It would … diminish the scope for human activity and interaction … In this respect it would impose harm to the significance of the CA" (DL ¶12).
- HE6. "Policy HE6 … states that … substantial weight should be given to the asset's conservation" (DL ¶16). Harm "should be weighed against any public benefits" (DL ¶17).
- Balance. "public benefits to which I have given a good deal of weight. However, the adverse impact on the CA is a matter of considerable importance and weight. In this case, I consider that the harm to the designated heritage asset outweighs the benefits" (DL ¶19).
Planning balance
HE6(4) harm against public benefits. The harm was not graded at all, neither "less than substantial" nor any 2026-style grade. The benefits, including housing with no five-year supply, got "a good deal of weight", not HO7 "substantial weight".
What made the difference
The conservation area's significance was tied to its commercial ground-floor function, and there was no evidence that the unit could not be let. Marketing evidence of long-term vacancy would have been needed for the other outcome (DL ¶13-14).
Transferable points
- Under Class MA, heritage "character or sustainability" harm can arise from loss of use alone, with no external change and no appraisal requirement (DL ¶11-12).
- Short-term vacancy carries limited weight without evidence that commercial reuse is unlikely (DL ¶13-14).
- Another 2026 heritage balance with ungraded harm: HE6(1) substantial weight and HE6(3) considerable importance and weight are stated, and the harm is not graded (DL ¶16-19).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE6(4) | harm | considerable | harm ungraded — "would impose harm to the significance of the CA"; HE6(1) "substantial weight should be given to the asset's conservation" stated; adverse impact "a matter of considerable importance and weight" (HE6(3) wording); public benefits (one dwelling, efficient land use, no 5YHLS) given "a good deal of weight" — outweighed; s72 not cited (prior-approval context) (DL 11-19) |
| HE4(1) | harm | heritage assets "an irreplaceable resource ... conserved in a manner appropriate to their significance" (DL 16) | |
| HO7 | benefit | housing contribution "particularly important" with no 5YHLS (figure not stated) but weighed as "a good deal of weight", not HO7 "substantial" (DL 18-19) |
Key facts
- Class MA.2(2)(e) — ground-floor change of use in a conservation area; only the CA character/sustainability condition disputed (DL 5-7)
- Three-storey terrace with commercial ground floors on a historic town-centre street in Folkestone Leas and Bayle CA; no external alterations (DL 8-11)
- Unit recently vacant; vacancy given limited weight; no evidence commercial reuse unlikely (DL 13-14)
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.