Auction: Rowhill Road Planning Constraints Briefing Note

Briefing note:

Barney Estates & Auctioneers: February 2023 Auction

Lots A-F,  Land at Rowhill Road, Dartford, Kent, DA2 7QQ

Green Belt

All of the plots A-F are located within the Green Belt and therefore the construction of new buildings and any material change of use is likely to be regarded as inappropriate and harmful to the purpose of the Green Belt and contrary to the Council’s adopted Local Development Plan (Policy DP22 of the Dartford Development Policies Plan) and the National Planning Policy Framework (NPPF) 2021.


The plots are densely forested and designated as Ancient Woodland and subject to a woodland Tree Preservation Order (TPO). Therefore consent would be required for any works to, or removal of, any of the trees. Any development of the plots would require significant tree felling, and as the trees are within ancient woodland they are an irreplaceable resource. The loss of these trees would be harmful to the sylvan character of the area and would also result in harm to the biodiversity of the area, habitats and protected species (which is also a designated Local Wildlife site) contrary to policies DP2 and DP25 of the adopted Local Plan.

Other Local Plan and constraints issues

The plots are identified as Borough Open Space in the adopted Local Plan. Any loss of Borough Open Space should be replaced within walking distance of the site at equal quantity or quality to that being lost. The land is high quality ancient woodland which is irreplaceable. As such any development of the site which involves loss of or impact to protected trees is unlikely to be supported.

The site is within an area of Archaeological Potential which would require consultation with KCC Heritage Archaeology.

The land has not been identified for housing development within the adopted Local Plan and therefore any residential development would be considered as windfall sites which would need to be assessed against the Council’s policies. New housing is of limited benefit and any disbenefits would therefore be more likely to outweigh this limited benefit. Given the above identified issues and disbenefits residential development of the site is unlikely to be acceptable.


The site is subject to a number of specific constraints, each of which could on their own provide a reason for refusal of any change of use or operational development of the land.

The advice given here is informal advice and is not based on a specific plans or proposals. Such advice does not prejudice the normal decision-making process of the Council which will take into account the detailed planning application, material consideration and the responses to consultation.

The Local Planning Authority does offer a pre-application scheme which will incur a fee, however, this service is not available at short notice as any submission will require careful consideration and consultation.

Summary of constraints

  • Green Belt (DP22, CS13)
  • Ancient Woodland (DP25, CS14)
  • Borough Open Space (DP24, CS14)
  • Local Wildlife sites (DP25, CS14)
  • Woodland Tree Preservation Order
  • Windfall site - not previously identified for housing (DP6, CS10)