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Planning appeal decision

Dismissed10 May 20233283836

Horsmonden Road, Brenchley, Kent, TN12 7AT

erection of a 4 bed chalet bungalow

Authority
Tunbridge Wells Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith J

Main issues, as the Inspector framed them

  • whether the proposed development would provide a suitable location for housing, having regard to the level of accessibility to services and facilities
  • the effect on the character and appearance of the area, including the landscape character of the High Weald Area of Outstanding Natural Beauty (AONB)
  • whether the proposal would comply with national planning policy which seeks to steer new development away from areas at the highest risk of flooding
  • the effect on ancient woodland

What decided it

The combination of harm to the AONB landscape, unacceptable risk of deterioration to ancient woodland, and location in high flood risk area, all of which are protected assets under Framework paragraph 11(d)(i) and Footnote 7, provided clear reasons for refusal notwithstanding the housing land supply shortfall.

The presumption in favour of sustainable development under paragraph 11 was disapplied because the protective policies in the Framework for the AONB, irreplaceable habitats and flood risk areas provided clear reasons for refusing the development.

Framework references: 11, 176, 180, 180c

Plan policies cited: Policy LBD1, Policy EN25, Policy EN1, Policy EN13, Policy EN15, Policy EN18, Core Policy 4, Core Policy 5, Core Policy 6, Core Policy 14

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.