The South Carolina Court of Appeals has upheld the approval of two subdivision applications in the historic Ten Mile Community, affecting local residents and developers. The decision, filed on October 28, 2026, confirms the Charleston County Planning Commission's authority to approve these applications, despite significant community opposition.

The Ten Mile Neighborhood Association of Awendaw, South Carolina, challenged the Planning Commission's decisions, arguing that the applications did not comply with Charleston County's Comprehensive Plan. The court's ruling emphasizes the Planning Commission's discretion in evaluating land development plans, which is critical for future developments in historic areas.

Background

The case, Ten Mile Neighborhood Association v. Charleston County Planning Commission (Docket No. 2025-001048), involves the Ten Mile Neighborhood Association as the appellant and several respondents, including the Charleston County Planning Commission and developers Crescent Homes CHS, LLC. The dispute centers around two minor subdivision applications submitted by Crescent Homes for properties located in the Ten Mile Historic District, an area recognized for its cultural significance to the Gullah Geechee community.

The Ten Mile community, established during the Reconstruction Era, represents a vital part of African American history and culture. The Charleston County Council designated Ten Mile as a Historic District in June 2022, which aimed to protect its unique character and heritage. Following this designation, Crescent Homes submitted applications to subdivide two parcels in the area, seeking to create smaller lots than what the community typically maintains.

The applications faced strong opposition from local residents, who expressed concerns that the proposed subdivisions would disrupt the historic character of the community. The Historic Preservation Committee (HPC) reviewed the applications and recommended denying them, citing inconsistencies with the Cultural Resource Elements of the Comprehensive Plan. Despite this recommendation, the Planning Commission ultimately approved the applications, leading to the appeal by the Ten Mile Neighborhood Association.

The Ruling

The Court of Appeals affirmed the circuit court's decision, which had upheld the Planning Commission's approval of the subdivision applications. The court found that the Planning Commission had sufficient evidence to support its decision, stating, "the record in this case is sufficient to allow meaningful review of the Planning Commission's decision and for this court to discern the Planning Commission's grounds for approval."

The ruling clarified that the Planning Commission is not required to make detailed findings or provide a written order justifying its decisions. The court emphasized that the Planning Commission's role is to consider various elements of the Comprehensive Plan, not just cultural resources. The judges, Thomas, Konduros, and Curtis, concurred with the decision.

Impact

This ruling has significant implications for future land development in historic districts across South Carolina. It reinforces the authority of local planning commissions to approve subdivision applications, even in the face of community opposition. The decision highlights the balance between development and preservation, particularly in areas with cultural and historical significance.

Local residents may feel that their voices are diminished in the planning process, as the court's ruling underscores the discretion exercised by planning commissions. This case may set a precedent for how similar disputes are handled in the future, potentially affecting other historic communities seeking to maintain their character against new developments.

What's Next

While the court's decision is final in this instance, it remains possible for the Ten Mile Neighborhood Association to pursue other avenues for addressing their concerns, such as advocating for changes to local zoning laws or further engaging with the Charleston County Council. There are no indications of related cases pending at this time.