®Planning appeal decision
Land at Former Court Lane Nurseries, Court Lane, Hadlow, TN11 0RF
Planning appeal 3346228 at Land at Former Court Lane Nurseries, Court Lane, Hadlow, TN11 0RF (Tonbridge and Malling Borough Council) was allowed on 21 February 2025 by Inspector Dawe A, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposed development on the Green Belt.
Full planning application for the erection of 57 residential dwellings (Use Class C3) including affordable housing provision, a new children’s day nursery and pre-school (Use Class E) alongside hard and soft landscaping including access, car parking, public open space, SuDS, and associated infrastructure
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Dawe A
Main issues, as the Inspector framed them
- the effect of the proposed development on the Green Belt
- the effect of the proposed development on the character and appearance of the surrounding area
- the effect of the proposed development on BMVAL
- whether or not acceptable provision would be made for various infrastructure and affordable housing through planning obligations
- whether any harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal
What decided it
The site's grey belt status meaning the development was not inappropriate in the Green Belt, combined with the lack of a five-year housing land supply engaging the tilted balance, meant the substantial housing and other benefits were not significantly and demonstrably outweighed by the moderate/limited harms identified.
The substantial benefits of housing delivery, affordable housing, nursery provision and economic benefits, together with significant weight from Golden Rules compliance, were not significantly and demonstrably outweighed by the moderate harm to character and appearance and limited harm from loss of BMVAL, so the balance under paragraph 11(d)(ii) favoured granting permission.
What the Inspector cited
- Development plan policies
- Policy CP3policy CP24policy SQ1policy CP17policy CP25policy OS3policy SQ8policy CP1policies NE2 and NE3
- National Planning Policy Framework
- Paragraph 11Paragraph 55Paragraph 58Paragraph 66Paragraph 67Paragraph 110Paragraph 115Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 156Paragraph 157Paragraph 158Paragraph 187Paragraph 212Paragraph 213
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 appliedThe decision letter
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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.