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Dismissed5 January 20233287392

Land Off Angley Road, Nb There Is An Existing Nursery Served off Quaker Lane , Cranbrook, TN17 2HF

Planning appeal 3287392 at Land Off Angley Road, Nb There Is An Existing Nursery Served off Quaker Lane , Cranbrook, TN17 2HF (Tunbridge Wells Borough Council) was dismissed on 5 January 2023 by Inspector Wyborn D, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area, having regard to the location within the High Weald AONB.

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

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Wyborn D
Postcode
TN17 2HF

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.

What the Inspector cited

Development plan policies
Policy LBD1Policy CP1Policy CP14Policy EN1Policy EN25Policy EN5Policy EN13Policy CP4Policy CP12Policy CP6
National Planning Policy Framework
Paragraph 11Paragraph 174Paragraph 177Paragraph 202

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.

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The decision letter

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More decisions in Tunbridge Wells

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

  1. Allowed30 July 20266006922
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  2. Dismissed10 July 20266007903
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  3. Allowed19 December 20253366410
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  4. Dismissed1 July 20253363683
    14 Prospect Road, Tunbridge Wells, Kent, TN2 4SQ
  5. Dismissed22 October 20243343315
    Former Agricultural Building, Land West of Brewer Street, Lamberhurst, Kent, TN3 8DY

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.