®Planning appeal decision
44 King Hill, West Malling, ME19 4PL
Planning appeal 3279556 at 44 King Hill, West Malling, ME19 4PL (Tonbridge and Malling Borough Council) was dismissed on 21 September 2022 by Inspector MacLeod R, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.
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
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- MacLeod R
- Postcode
- ME19 4PL
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
What the Inspector cited
- Development plan policies
- Policy CP3
- National Planning Policy Framework
- Paragraph 11Paragraph 62Paragraph 69Paragraph 119Paragraph 137Paragraph 148Paragraph 149Paragraph 174
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
More decisions in Tonbridge and Malling
The authority’s record since 2016 · every decision in 2022
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- Dismissed3 March 20266002415The Lodge, 2 Yaldham Manor Drive, Sevenoaks, Kent, TN15 6FA
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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.