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Dismissed15 December 20233302608

2 Yardley Park Road, Tonbridge, TN9 1NE

Planning appeal 3302608 at 2 Yardley Park Road, Tonbridge, TN9 1NE (Tonbridge and Malling Borough Council) was dismissed on 15 December 2023 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on biodiversity and protected species, with particular regard to bat species.

Demolition of existing buildings and erection of 13 apartments with associated access, landscaping, parking and infrastructure

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Sylvester G
Postcode
TN9 1NE

Main issues, as the Inspector framed them

  • The effect of the proposed development on biodiversity and protected species, with particular regard to bat species
  • The character and appearance of the area, and whether it would preserve or enhance the character or appearance and significance of the Tonbridge Conservation Area
  • The living conditions of the occupiers of Springhill Cottage, with particular regard to outlook, access to light, and noise and disturbance

What decided it

The unmitigated harm to biodiversity and protected bat species, which could not be adequately assessed or secured before permission, brought the proposal into conflict with development plan policies and the Framework's biodiversity protection requirements, and this harm significantly and demonstrably outweighed the housing supply benefits.

The significant housing supply benefits and economic benefits of the proposal were outweighed by the very substantial weight attached to the unmitigated harm to protected bat species and conflict with biodiversity protection policies, such that the adverse impacts significantly and demonstrably outweighed the benefits when assessed against the Framework as a whole.

What the Inspector cited

Development plan policies
Policy CP1Policy CP24Policy SQ1
National Planning Policy Framework
Paragraph 11Paragraph 69Paragraph 174Paragraph 180

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 applied

The decision letter

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More decisions in Tonbridge and Malling

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

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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.