All That Land Known As Former Pf Skeet Yard, Talbot Road, Hawkhurst, Kent, TN18 4NB

Planning appeal 3280613 at All That Land Known As Former Pf Skeet Yard, Talbot Road, Hawkhurst, Kent, TN18 4NB (Tunbridge Wells Borough Council) was allowed in part (a split decision) on 1 March 2023 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the wood and metal retaining structure has been erected as a matter of fact.

without planning permission the unauthorised construction of a wooden and metal "retaining mechanism" on the Land adjacent to the boundary of the neighbouring property to the north-east known as The Hollies (A photograph showing the “retaining mechanism” is attached to this Notice)

Authority: Tunbridge Wells Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Madge M
Postcode: TN18 4NB

Main issues, as the Inspector framed them

Whether the wood and metal retaining structure has been erected as a matter of fact
Whether the erection of the wood and metal retaining structure constitutes a breach of planning control
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
Whether the period for compliance with the notice is reasonable

What decided it

The expert evidence from structural engineers that removal of the retaining structure would be dangerous and destabilising, combined with the fact that backfilling to original ground level would adequately remedy the breach and conceal the structure, meant the removal requirement was excessive.

The decision letter

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More decisions in Tunbridge Wells

The authority’s record since 2016 · every decision in 2023

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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.