Planning appeal decision
Court Lodge, Church Road, Lamberhurst, Tunbridge Wells, TN3 8DU
the erection of detached dwelling, to fund additional costs of restoration of walled garden, repair of curtilage listed bothy sheds and outbuilding/barn, repairs to garden walls including new restoration requirements, access off Church Lane
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jack C
Main issues, as the Inspector framed them
- Whether the site is suitable for a new dwelling with particular regard to the accessibility of the location
- The effect on the character and appearance of the area, including the High Weald National Landscape
- The effect on biodiversity and protected species
- Whether the development would preserve the setting of the Grade II listed building, Court Lodge
- Whether the proposal would constitute enabling development with particular regard to the restoration and conservation of the walled garden, curtilage listed buildings and garden walls associated with the Grade II listed building, Court Lodge, and, if so, whether any conservation benefits would be sufficient to outweigh the disbenefits of any identified conflicts with planning policy
What decided it
The combination of harm to the High Weald National Landscape, failure to preserve the setting of the listed building, unsatisfactory assessment of biodiversity impacts, and the failure to establish a properly secured enabling development case meant the public benefits did not outweigh the identified harms.
The potential heritage conservation benefits from funding restoration works were substantially reduced by the lack of a secured delivery mechanism, and when weighed against the harm to the National Landscape, the setting of the listed building, and accessibility concerns, did not justify the development.
Framework references: 84, 207, 208, 214, 225, 226
Plan policies cited: Policy LBD1, Core Policy 1, Core Policy 6, Core Policy 14, Core Policy 5, Core Policy 4, Policy H1, Policy T1, Policy EN1, Policy EN25, Policy D1, Policy L2, Policy L3, Policy L4, Policy D6
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.
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