®Planning appeal decision
Broadlake, Mill Lane, Frittenden, Kent, TN17 2DX
Planning appeal 3275924 at Broadlake, Mill Lane, Frittenden, Kent, TN17 2DX (Tunbridge Wells Borough Council) was allowed on 27 January 2022 by Inspector Praine N, by written representations. The main issue, as the Inspector framed it: Whether the appeal proposal would constitute an acceptable form of development in respect of its location.
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
- Postcode
- TN17 2DX
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.
What the Inspector cited
- Development plan policies
- Core Policy 6Core Policy 14Policy LBD1Policy EN25Policy EN1Policy H10Policy TP5Core Policy 1Core Policy 4Core Policy 5
- National Planning Policy Framework
- Paragraph 9Paragraph 11Paragraph 152Paragraph 174
- Judgments
- Mansell v Tonbridge and Malling BC & others [2017]
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 appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2022
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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.