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Planning appeal decision

Notice varied and upheld23 January 20253339249

Pitch 1, The Ranch, Redwings Road, Pembury, TN2 4AD

Planning appeal 3339249 at Pitch 1, The Ranch, Redwings Road, Pembury, TN2 4AD (Tunbridge Wells Borough Council) was allowed in part (a split decision) on 23 January 2025 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the openness of the Green Belt and purposes of including land in the Green Belt.

the change of use of land from agricultural to provide a Gypsy and Traveller pitch (retrospective)

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Freer P
Postcode
TN2 4AD

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

What the Inspector cited

Development plan policies
Core Policy 2Core Policy 4Core Policy 5Policy MGB1Policy EN1Policy EN25Policy H4Policy EN16Policy P3Policy P8Policy P11Policy H9 (emerging Local Plan)
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 156Paragraph 180Paragraph 182Paragraph 186Paragraph 189
Judgments
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

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.

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The decision letter

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More decisions in Tunbridge Wells

The authority’s record since 2016 · every decision in 2025

  1. Dismissed10 July 20266007577
    The Mill House, Powder Mill Lane, Tunbridge Wells, TN4 9EG
  2. Allowed19 December 20253366410
    Uphill, New Pond Road, Benenden, Cranbrook, Kent, TN17 4EJ
  3. Notice varied and upheld28 October 20253346556
    Land to the Rear of The Knoxbridge Public House, Cranbrook Road, Frittenden, Cranbrook, Kent, TN17 2BT
  4. Notice varied and upheld24 October 20253366815
    Land Between Kilndown Poultry Farm and Evanden Farm, Church Road, Kilndown, TN5 7PX
  5. Notice upheld24 October 20253356322
    Land at Part Ordinance Survey Plot 0005, (Known As Apple Pie Farm), Cranbrook Road, Benenden, Cranbrook, Kent, TN17 4EU

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.