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Dismissed10 May 20233283836

Horsmonden Road, Brenchley, Kent, TN12 7AT

Planning appeal 3283836 at Horsmonden Road, Brenchley, Kent, TN12 7AT (Tunbridge Wells Borough Council) was dismissed on 10 May 2023 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: whether the proposed development would provide a suitable location for housing, having regard to the level of accessibility to services and facilities.

erection of a 4 bed chalet bungalow

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith J
Postcode
TN12 7AU

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.

What the Inspector cited

Development plan policies
Policy LBD1Policy EN25Policy EN1Policy EN13Policy EN15Policy EN18Core Policy 4Core Policy 5Core Policy 6Core Policy 14
National Planning Policy Framework
Paragraph 11Paragraph 176Paragraph 180Paragraph 180c

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 applied

The decision letter

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More decisions in Tunbridge Wells

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

  1. Dismissed20 October 20266012604
    Manchester House The Heath, Horsmonden, TN12 8HT
  2. Dismissed21 September 20266005229
    1 The Down Cottages, Lamberhurst Down, Lamberhurst, TN3 8EX
  3. Dismissed21 September 20266005225
    1 The Down Cottages, Lamberhurst Down, Lamberhurst, TN3 8EX
  4. Allowed3 September 20266012775
    Flat 3, 49 Madeira Park, Royal Tunbridge Wells, TN2 5SY
  5. Dismissed28 August 20266006260
    2 Ashfield Cottages, Horns Hill, Hawkhurst, Cranbrook, TN18 4XD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.