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Planning appeal decision

Dismissed6 September 20233313558

Land East of Heronshaw , Oldbury Lane , Ightham, Kent , TN15 9DE

demolition of existing structures and erection of a single dwelling and associated hardstanding, parking and landscaping via existing access from Oldbury Lane

Authority
Tonbridge and Malling Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hunter A

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.

Framework references: 11, 149, 174, 176, 180

Plan policies cited: Policy CP3, Policy NE3

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.