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Allowed20 December 20243346817

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

Planning appeal 3346817 at Land East of Albion Road and North of Copper Lane, Marden, Tonbridge, Kent , TN12 9EG (Maidstone Borough Council) was allowed on 20 December 2024 by Inspector Bristow T, following an inquiry. The main issue, as the Inspector framed it: whether sufficient open space provision would be achievable.

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
Postcode
TN12 9EG

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.

What the Inspector cited

Development plan policies
Policy DM19Policy DM3LPRINF1LPRSA295LPRSP6(E)LPRSP13LPRHOU5LPRSP15LPRSA14(A)LPRSP14(A)LPRSP14(C)LPRQD6LPRQD1LPRSP10(B)MNP policy A2MNP policy NE4
National Planning Policy Framework
Paragraph 56Paragraph 58Paragraph 115Paragraph 118Paragraph 129Paragraph 135Paragraph 187Paragraph 196Paragraph 199Paragraph 201Paragraph 207
Judgments
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

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 applied

The decision letter

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More decisions in Maidstone Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  2. Dismissed31 March 20263376954
    Land East of Water Lane, Headcorn, Kent, TN27 9JP
  3. Allowed27 March 20266003070
    85 Tonbridge Road, Maidstone, Kent, ME16 8JN
  4. Dismissed13 March 20266003787
    4 Hare And Hounds Cottages, Hawkenbury Road, Hawkenbury, TN12 0DZ
  5. Allowed2 March 20263375644
    Plot 8, Eclipse Park, Sittingbourne Road, Maidstone, Kent, ME14 3EN

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.