Land East of Albion Road and North of Copper Lane, Marden, TONBRIDGE, Kent , TN12 9EG

described on the application form as ‘outline application with some matters reserved (access only sought) for the removal of 2 former agricultural sheds and erection of up to 117no. dwellings and associated infrastructure including partial footways on Albion Road.’

Authority: Maidstone Borough Council
Appeal type: major · Planning Appeal
Procedure: Inquiry
Development: residential · Major dwellings
Inspector: Bristow T

Main issues, as the Inspector framed them

whether sufficient open space provision would be achievable
the effect of the scheme on local and landscape character

What decided it

The Inspector's finding that the scheme, informed by the site's allocation for approximately 113 dwellings, could achieve sufficient open space and landscaping on site to comply with Policy LPRSA295 and the development plan as a whole.

Having found the proposal capable of complying with the development plan as a whole and identifying no unacceptable harms, the Inspector allowed the appeal without needing to apply a tilted balance.

Framework references: 56, 58, 115, 118, 129, 135, 187, 196, 199, 201, 207

Plan policies cited: Policy DM19, Policy DM3, LPRINF1, LPRSA295, LPRSP6(E), LPRSP13, LPRHOU5, LPRSP15, LPRSA14(A), LPRSP14(A), LPRSP14(C), LPRQD6, LPRQD1, LPRSP10(B), MNP policy A2, MNP policy NE4

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd. v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Crystal Property (London) Ltd. v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 1265; I'm Your Man Ltd. v SSE & North Somerset DC [1999] 4 PLR 107

Read the decision letter on the Inspectorate’s site

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.