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Planning appeal decision

Notice varied and upheld15 March 20243294221

Land at Free Heath Buildings, Free Heath, Wadhurst, Kent, TN5 6RB

Planning appeal 3294221 at Land at Free Heath Buildings, Free Heath, Wadhurst, Kent, TN5 6RB (Tunbridge Wells Borough Council) was allowed in part (a split decision) on 15 March 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (Ground f).

Without planning permission the material change of use of the Land from agricultural to the mixed use of agriculture and the stationing of a mobile home for residential use

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bale M

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (Ground f)
  • Whether the period specified in the notice for compliance is adequate (Ground g)

What decided it

The mobile home was brought onto the land solely to facilitate the breach of planning control, and in the absence of another clear lawful use for it, its removal is required to remedy that breach, and the 6-month compliance period is proportionate.

The decision letter

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More decisions in Tunbridge Wells

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld28 October 20253346556
    Land to the Rear of The Knoxbridge Public House, Cranbrook Road, Frittenden, Cranbrook, Kent, TN17 2BT
  2. Notice varied and upheld24 October 20253366815
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  3. Notice upheld24 October 20253356322
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  4. Notice varied and upheld23 January 20253339249
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  5. Split Decision11 March 20243322303
    Isaacs Farm, Franks Hollow Road, Tunbridge Wells, Kent, TN3 0UB

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.

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