®Planning appeal decision
Land East of Heronshaw , Oldbury Lane , Ightham, Kent , TN15 9DE
Planning appeal 3313558 at Land East of Heronshaw , Oldbury Lane , Ightham, Kent , TN15 9DE (Tonbridge and Malling Borough Council) was dismissed on 6 September 2023 by Inspector Hunter A, by written representations. The main issue, as the Inspector framed it: whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.
demolition of existing structures and erection of a single dwelling and associated hardstanding, parking and landscaping via existing access from Oldbury Lane
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Hunter A
- Postcode
- TN15 9DE
Main issues, as the Inspector framed them
- whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
- the effect of the proposal upon ecology and biodiversity, including protected species
What decided it
The absence of required bat surveys prior to determination meant insufficient evidence existed to assess effects on protected species, creating a conflict with Framework paragraphs 174 and 180(a) that substantially outweighed the limited housing and economic benefits of a single dwelling.
The substantial harm from inability to assess protected species impacts significantly and demonstrably outweighed the limited benefits of one dwelling, modest economic benefits, and social benefits from future occupiers.
What the Inspector cited
- Development plan policies
- Policy CP3Policy NE3
- National Planning Policy Framework
- Paragraph 11Paragraph 149Paragraph 174Paragraph 176Paragraph 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 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
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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.