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Dismissed25 November 20213271020

Former Car Park, Angle Lane, Tonbridge, Kent, TN9 1SG

Planning appeal 3271020 at Former Car Park, Angle Lane, Tonbridge, Kent, TN9 1SG (Tonbridge and Malling Borough Council) was dismissed on 25 November 2021 by Inspector Jolly J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

for the erection of a four-storey building comprising 12 flats and associated car parking, cycle parking and refuse storage

Authority
Tonbridge and Malling Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Jolly J
Postcode
TN9 1SG

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether the proposal represents an acceptable form of development having regard to its flood zone location and the provisions of the Framework

What decided it

The proposal fails both the character and appearance test due to its incongruous height, bulk and form in a commercial area, and the flood risk sequential test, with the latter engaging Footnote 7 to disapply the tilted balance.

Even if the tilted balance were engaged, the adverse impacts on character and appearance would significantly and demonstrably outweigh the benefits of 12 new dwellings and other benefits, and the flood risk would not be outweighed by wider sustainability benefits.

What the Inspector cited

Development plan policies
Policy CP24 of the Tonbridge and Malling Borough Council Local Development Framework Core Strategy 2007Policy SQ1 of the Tonbridge and Malling Borough Council Managing Development and the Environment Development Plan Document 2010Policy CP10 of the Tonbridge and Malling Borough Council Local Development Framework Core Strategy 2007
National Planning Policy Framework
Paragraph 130Paragraph 162Paragraph 163Paragraph 164Paragraph 165Paragraph 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.

See how each was applied

The decision letter

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More decisions in Tonbridge and Malling

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

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

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.