Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld11 July 20223250601

Browngate Cottage Mayfield Road, Frant, Tunbridge Wells, TN3 9HS

Planning appeal 3250601 at Browngate Cottage Mayfield Road, Frant, Tunbridge Wells, TN3 9HS (Wealden District Council) was dismissed on 11 July 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice had occurred as a matter of fact at the time the notice was issued (ground b).

Without planning permission, the formation of a vehicular access (“the Access”) in the approximate position shown edged green on the attached plan

Authority
Wealden District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
King T

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice had occurred as a matter of fact at the time the notice was issued (ground b)
  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • Whether enforcement action was time-barred under the four-year immunity period for operational development (ground d)

What decided it

The appellant failed to discharge the burden of proof that the works had been substantially completed before the material date of 16 March 2016, as Street View images showed the grass verge intact until May 2019 and the appellant's evidence was neither precise nor unambiguous.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

8 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld28 September 20263356589
    Land An New House Farm, Buckham Hill, Isfield, East Sussex, TN22 5XU
  2. Quashed15 September 20266006632
    Land at Five Oaks, Lewes Road, Laughton, BN8 6BJ
  3. decided15 September 20266006631
    Land at Five Oaks, Lewes Road, Laughton, BN8 6BJ
  4. Notice upheld22 May 20263358235
    Wyck Stable, Wyck Lane, Woods Green, Wadhurst, East Sussex, TN5 6QS
  5. Notice varied and upheld29 April 20263327860
    The Dinglewood Brittenden Lane, Waldron, Heathfield, TN21 0RN

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.