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Planning appeal decision

Dismissed21 September 20223279556

44 King Hill, WEST MALLING, ME19 4PL

demolition of existing dwelling, domestic outbuildings and sheds, and erection of 3 No. detached dwelling houses with associated alterations to access, parking, turning and landscaping

Authority
Tonbridge and Malling Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
MacLeod R

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • The effect of the proposal on the openness of the Green Belt
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The harmful visual impact on the openness of the Green Belt arising from the proposal's greater massing, height and prominence, combined with the Framework's requirement to give substantial weight to Green Belt harm and the designation of Green Belt in footnote 7 as a policy protecting areas of particular importance, meant the housing benefit was not clearly outweighed by other considerations.

The significant weight given to the housing benefit (net increase of 2 dwellings and contribution to housing supply shortfall) was outweighed by the substantial weight required to be given to harm to the Green Belt, as Green Belt is designated in Framework footnote 7 as a policy protecting areas of particular importance

Framework references: 11, 62, 69, 119, 137, 148, 149, 174

Plan policies cited: Policy CP3

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.