Land Between 166 and 194, Rocks Road, East Malling, Kent, ME19 6AX

Planning appeal 3269267 at Land Between 166 and 194, Rocks Road, East Malling, Kent, ME19 6AX (Tonbridge and Malling Borough Council) was allowed in part (a split decision) on 15 November 2021 by Inspector Miles H, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of neighbouring occupiers with particular regard to daylight and sunlight.

development of 2no. detached houses with associated gardens and parking

Authority: Tonbridge and Malling Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Miles H

Main issues, as the Inspector framed them

the effect of the proposed development on the living conditions of neighbouring occupiers with particular regard to daylight and sunlight

What decided it

The Council's inability to demonstrate a 5-year housing land supply engaged the tilted balance under paragraph 11(d) of the Framework, and the benefits of housing delivery outweighed the limited conflict with the development plan.

the minimal adverse effects of the proposal arising from the conflict with Policy CP14 would not significantly and demonstrably outweigh the important benefits when assessed against the policies in the Framework taken as a whole, and the presumption in favour of sustainable development applies

What the Inspector cited

Development plan policies: Policy CP14
National Planning Policy Framework: Paragraph 130Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Tonbridge and Malling

The authority’s record since 2016 · every decision in 2021

Allowed29 September 20266010459
Land West of 103 Tonbridge Road, Hildenborough, TN11 9HL
Dismissed29 September 20266009847
The Old Stables, 12 Kenward Court, Hadlow, Tonbridge, TN11 0DX
Dismissed8 July 20266007841
Land Adjoining Hazeldene, Pilgrims Way, Trottiscliffe, West Malling, ME19 5EW
Dismissed1 July 20266002496
Old Allens, Allens Lane, Plaxtol, Sevenoaks, TN15 0QZ
Dismissed18 June 20266004481
Elpatos, Pilgrims Way, West Malling, ME19 5EP

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.