®Planning appeal decision
Land Part O/S Plot 3771, Standen Stables, Standen Street, Benenden, Cranbrook, TN17 4LA
Planning appeal 3292576 at Land Part O/S Plot 3771, Standen Stables, Standen Street, Benenden, Cranbrook, TN17 4LA (Tunbridge Wells Borough Council) was allowed on 1 November 2023 by Inspector Peerless K, following a hearing. The main issue, as the Inspector framed it: whether the proposal is accordance with the policies in the Development Plan that aim to direct residential development to sustainable locations.
material change of use of land to a mixed use for agriculture, equestrian and to include stationing of caravans for residential occupation with associated operational development (additional hard standing, repositioned manure store) - retrospective. (2 caravans)
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Peerless K
- Postcode
- TN17 4LA
Main issues, as the Inspector framed them
- whether the proposal is accordance with the policies in the Development Plan that aim to direct residential development to sustainable locations
- the effect of the development on the character and appearance of the site and its setting within the High Weald Area of Outstanding Natural Beauty (AONB)
- whether there are any material considerations that outweigh any policy conflict that may arise from the previous issues
- whether the time for compliance is reasonable
What decided it
The absence of harm to the character and appearance of the AONB combined with the lack of any available alternative gypsy and traveller sites outweighed the limited policy conflict with PPTS paragraph 25.
the limited policy conflict with paragraph 25 of the PPTS was outweighed by the appellants' settled family circumstances, the lack of available alternative sites, and the sustainability benefit of living alongside their horses
What the Inspector cited
- Development plan policies
- Policy H4Policy CP4
- National Planning Policy Framework
- Paragraph 176
- Judgments
- Lisa Smith v Secretary of State for Levelling Up, Housing & Communities [2022] EWCA Civ 1391
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Tunbridge Wells
The authority’s record since 2016 · every decision in 2023
- Notice varied and upheld28 October 20253346556Land to the Rear of The Knoxbridge Public House, Cranbrook Road, Frittenden, Cranbrook, Kent, TN17 2BT
- Notice varied and upheld24 October 20253366815Land Between Kilndown Poultry Farm and Evanden Farm, Church Road, Kilndown, TN5 7PX
- Notice upheld24 October 20253356322Land at Part Ordinance Survey Plot 0005, (Known As Apple Pie Farm), Cranbrook Road, Benenden, Cranbrook, Kent, TN17 4EU
- Notice varied and upheld23 January 20253339249Pitch 1, The Ranch, Redwings Road, Pembury, TN2 4AD
- Notice varied and upheld15 March 20243294221Land at Free Heath Buildings, Free Heath, Wadhurst, Kent, TN5 6RB
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.