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Notice varied and upheld10 October 20233319273

Land at Crowbourne Orchard, Smiths Lane, Goudhurst, Kent, TN17 1ET

Planning appeal 3319273 at Land at Crowbourne Orchard, Smiths Lane, Goudhurst, Kent, TN17 1ET (Tunbridge Wells Borough Council) was allowed in part (a split decision) on 10 October 2023 by Inspector Harwood A, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area including the High Weald Area of Outstanding Natural Beauty (AONB).

the change of use of the land for the accommodation of 1 gypsy/traveller family, with static home, day room, stables and touring caravan.’ Appeals A and B

Authority
Tunbridge Wells Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Harwood A
Postcode
TN17 1ET

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area including the High Weald Area of Outstanding Natural Beauty (AONB)
  • The effect of the development on biodiversity
  • Personal circumstances, Gypsy status and best interests of children in occupation

What decided it

The harm to the AONB landscape character, to which great weight applies, combined with the failure to demonstrate biodiversity net gain, outweighed the personal and family circumstances relied upon by the appellants.

Significant weight given to personal family circumstances and the best interests of the children did not outweigh the harm to the AONB and the non-compliance with biodiversity policies, so the development conflicts with the development plan as a whole and the appeals were dismissed (save for an extension of the compliance period).

What the Inspector cited

Development plan policies
LP Policy EN25LP Policy H4CS Policy 4NP Policy L1NP Policy L10LP Policy EN1NP Policy L6PSLP Policy EN9
National Planning Policy Framework
Paragraph 174

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 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
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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. 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.

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