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Allowed30 March 20223284479

Land Between Woodchurch Road and Appledore Road, Tenterden, Kent, TN30 7AY

Planning appeal 3284479 at Land Between Woodchurch Road and Appledore Road, Tenterden, Kent, TN30 7AY (Ashford Borough Council) was allowed on 30 March 2022 by Inspector Whitehead M, following an inquiry. The main issue, as the Inspector framed it: The Council's five-year Housing Land Supply (HLS) position in accordance with the National Planning Policy Framework.

Outline permission for up to 141 dwellings (50% affordable), access, roads, footways and cycleways and open space, plus full permission for change of use from agricultural land to a country park, formal sports pitches and pavilion with associated accesses, parking, drainage and landscaping

Authority
Ashford Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Whitehead M
Postcode
TN30 7AY

Main issues, as the Inspector framed them

  • The Council's five-year Housing Land Supply (HLS) position in accordance with the National Planning Policy Framework
  • The effect of the proposal on the sustainable distribution of housing development in the Borough
  • Its effect on the character and appearance of the surrounding area, including its effect on existing trees
  • Its effect on ecology and biodiversity
  • Its effect on community space and facilities in the area
  • Its effect on pedestrian access and safety in the area, with particular regard to an unconfirmed Public Right of Way (PRoW) AB70

What decided it

The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance, and the benefits of the scheme (particularly housing and affordable housing delivery) were not significantly and demonstrably outweighed by the identified harm to character and appearance.

The substantial benefits of market and affordable housing delivery, together with moderate/minor benefits to ecology, recreation, community facilities and drainage, were not significantly and demonstrably outweighed by the substantial harm to character and appearance, so the tilted balance favoured allowing the appeal despite conflict with the development plan as a whole.

What the Inspector cited

Development plan policies
Policy SP1Policy SP2Policy SP6Policy HOU1Policy HOU5Policy HOU6Policy HOU12Policy HOU15Policy ENV1Policy ENV3aPolicy ENV4Policy TRA3Policy TRA5Policy TRA6Policy IMP1Policy IMP2Policy IMP4Policy COM1Policy COM2Policy COM3Policy COM4Policy TEN NP2
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 62Paragraph 65Paragraph 69Paragraph 174Paragraph 180Paragraph 219

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 Ashford Borough Council

The authority’s record since 2016 · every decision in 2022

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  2. Dismissed15 July 20266006719
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  3. Allowed9 April 20263368725
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  5. Allowed30 March 20266002407
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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.

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.