®Planning appeal decision
Pitch 1, The Ranch, REDWINGS ROAD, PEMBURY, TN2 4AD
the change of use of land from agricultural to provide a Gypsy and Traveller pitch (retrospective)
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Freer P
Main issues, as the Inspector framed them
- the effect of the development on the openness of the Green Belt and purposes of including land in the Green Belt
- the effect of the development on the character and appearance of the area
- whether the development impacts biodiversity on the Land, including in relation to protected species
- the effect of the development on the quality and potential yield of groundwater
- whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
What decided it
The unresolved and unacceptable risk to groundwater and the public drinking water supply from Pembury Reservoir, combined with the harm from inappropriate development in the Green Belt and the High Weald National Landscape, meant that very special circumstances to justify the development did not exist.
the harm by reason of inappropriateness in the Green Belt, harm to the National Landscape, biodiversity harm and the risk to public water supply were not clearly outweighed by the unmet need for Gypsy and Traveller pitches, lack of alternative sites, personal circumstances and the best interests of the children on site, so very special circumstances did not exist
Framework references: 8, 11, 143, 153, 154, 155, 156, 180, 182, 186, 189
Plan policies cited: Core Policy 2, Core Policy 4, Core Policy 5, Policy MGB1, Policy EN1, Policy EN25, Policy H4, Policy EN16, Policy P3, Policy P8, Policy P11, Policy H9 (emerging Local Plan)
Judgments cited: Angela Smith v Doncaster MBC [2007] EWHC 1034 (Admin); Chapman v UK 33 EHRR 399; Wychavon District Council v Secretary of State for Communities & Local Government, Kathleen Butler, Leonard Butler [2008] EWCA Civ 692
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.