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Planning appeal decision

Dismissed5 January 20233287392

Land Off Angley Road, NB there is an existing nursery served off Quaker Lane , Cranbrook, TN17 2HF

the development of 35 residential units with associated garaging and parking and infrastructure including off site highway improvement works and a replacement pre-school children's daycare nursery facility with associated car parking

Authority
Tunbridge Wells Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Wyborn D

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, having regard to the location within the High Weald AONB
  • the effect of the proposal on heritage assets, including the Grade II Listed buildings known as Island Cottages, the Wilsley Green Conservation Area and the Cranbrook Conservation Area
  • whether or not the scheme would result in an overall net gain to biodiversity
  • whether or not the proposed access arrangements would have an acceptable impact on biodiversity
  • whether or not the proposed access arrangements would lead to unacceptable tree loss and any related effect on the character and appearance of the area
  • when examining the overall planning balance, if the proposal would not accord with the development plan when considered as a whole, whether or not material considerations indicate a decision should be made otherwise

What decided it

Insufficient evidence to rule out harm to protected species (particularly bats) from loss of the woodland strip, which could not appropriately be addressed by condition, weighed very substantially against the scheme and tipped the paragraph 11d(ii) balance against approval.

The substantial benefits of market and affordable housing delivery, economic benefits and other lesser benefits were outweighed by the combined harms, in particular the very substantial weight attached to the unresolved potential harm to protected species, such that the adverse impacts of the scheme significantly and demonstrably outweighed its benefits when assessed against the Framework as a whole.

Framework references: 11, 174, 177, 202

Plan policies cited: Policy LBD1, Policy CP1, Policy CP14, Policy EN1, Policy EN25, Policy EN5, Policy EN13, Policy CP4, Policy CP12, Policy CP6

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.