®Planning appeal decision
Broadlake, Mill Lane, Frittenden, Kent, TN17 2DX
to replace the existing barn building with a new barn building to comprise of a 3-bed dwelling with associated car parking and landscaping
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Praine N
Main issues, as the Inspector framed them
- Whether the appeal proposal would constitute an acceptable form of development in respect of its location
What decided it
The existence of a fallback permission for conversion of the existing barn to a dwelling in the same location, combined with the Council's inability to demonstrate a five-year housing land supply, meant the proposal would be no more harmful than the fallback and therefore justified permission despite countryside location and development plan conflict.
The conflict with development plan policies restraining countryside development was outweighed by the material consideration of the fallback permission and the benefits of a new building achieving better sustainable design compliance than conversion of an existing agricultural building, in the context of the Council's inability to demonstrate a five-year housing land supply.
Framework references: 9, 11, 152, 174
Plan policies cited: Core Policy 6, Core Policy 14, Policy LBD1, Policy EN25, Policy EN1, Policy H10, Policy TP5, Core Policy 1, Core Policy 4, Core Policy 5
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017]
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.