Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld8 December 20233295165

Land at High Birch Cottage, 21a Broadwater Down, Tunbridge Wells, Kent, TN2 5NL

Planning appeal 3295165 at Land at High Birch Cottage, 21a Broadwater Down, Tunbridge Wells, Kent, TN2 5NL (Tunbridge Wells Borough Council) was allowed in part (a split decision) on 8 December 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the land from residential garage to florist workshop has occurred.

without planning permission the material change of use of the Land from residential garage to florist workshop

Authority
Tunbridge Wells Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hartley D
Postcode
TN2 5NL

Main issues, as the Inspector framed them

  • Whether a material change of use of the land from residential garage to florist workshop has occurred
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach
  • Whether the compliance period specified in the notice is reasonable

What decided it

The scale of the florist workshop business operations in terms of regular deliveries, collections and employee activity materially changed the residential character of the site, constituting a material change of use within a separate planning unit.

The 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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

38 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Tunbridge Wells

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

  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
    Land Between Kilndown Poultry Farm and Evanden Farm, Church Road, Kilndown, TN5 7PX
  3. Notice upheld24 October 20253356322
    Land at Part Ordinance Survey Plot 0005, (Known As Apple Pie Farm), Cranbrook Road, Benenden, Cranbrook, Kent, TN17 4EU
  4. Notice varied and upheld23 January 20253339249
    Pitch 1, The Ranch, Redwings Road, Pembury, TN2 4AD
  5. Notice varied and upheld15 March 20243294221
    Land 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.

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.