Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision Site visit made on 23rd November 2021 by G Ellis BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20th December 2021 Appeal Ref: APP/H2265/W/21/3273291 Land opposite 132 Broadwater Road, West Malling ME19 6HU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Frank Patakay against the decision of Tonbridge and Malling Borough Council. • The application Ref TM/20/02671/FL, dated 23 November 2020, was refused by notice dated 8 January 2021. • The development proposed is a three bedroomed residential dwelling. Decision 1. The appeal is dismissed. Main Issues 2. The main issue is the effect of the development on the character and appearance of the area. Reasons 3. The site is currently accessed via a gated entrance from Broadwater Road and is located behind a small, treed area. It comprises an area of open paddock land to the side of a recently built property which is currently being extended to the rear. The Council explain that the existing dwelling replaced former outbuildings and was permitted under planning application reference TM/19/01200/FL. 4.

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision The site extends to the railway line to the north, which is level with the site, but otherwise is surrounded by open fields which enable views across the valley. Whilst the villages of West Malling and East Malling and the A228 dual carriageway are not far from the site, the area has a strong rural appearance. Broadwater Road is a single-track country lane bound by trees and open fields with built form in small sporadic clusters primarily related to farms or individual dwellings. 5. The single storey form of the proposed development would be similar in design to that of the recently constructed property and the frontages would align. The proposed property with a detached double garage would be set within a substantial plot, and there would be a notable separation to the existing property and the railway, together with a large garden area to the rear. 6. Thereby, the proposal would result in a proliferation and significant spread of residential development across the site in the open countryside. Whilst there is https://www.gov.uk/planning-inspectorate

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision Appeal Decision APP/H2265/W/21/3273291 some screening to the road immediately in front of the site, the development would be visible in views from Broadwater Road including from the bridge over the railway, and in wider views. 7. Whilst I acknowledge further development in terms of extensions and outbuildings could potentially be restricted by a condition to remove permitted development rights, I agree with the Council that general domestic paraphernalia associated with the residential use, including acoustic fencing, would change the character and appearance of the site. In my opinion, the scale and form of development would erode the open and prevailing character of the area having a harmful impact on the intrinsic character of the rural area and mainly undeveloped countryside. 8. Consequently, the proposal would be contrary to Policy CP24 of the Tonbridge and Malling Core Strategy and Policy SQ1 of the Managing Development and the Environment Development Plan Document. Together these policies require development to be high quality in terms of respecting the site, its surroundings, and the character of the area, and not being detrimental to the character of the countryside amongst other things.

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision This is broadly in accordance with the National Planning Policy Framework (July 2021) (the Framework). Other Matters 9. A caravan is located towards the front of the site which the appellant indicates would be removed in exchange for the development. The background to the caravan’s presence on site is unclear from the details before me, and there is no evidence to suggest that it is in residential use. As such this is not a matter to which I have given any weight. 10. The appellant suggests that noise mitigation could potentially be achieved without the need for acoustic fencing, although there are no specific details before me. Nevertheless, whilst the fencing would add to the urban features associated with the development, the lack of a fence would not change the overall impact of the residential development on the countryside. Planning Balance 11. The Council are unable to demonstrate a 5 year supply of housing and therefore paragraph 11 of the Framework is engaged and there is a presumption in favour of sustainable development.

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision The proposal would add to the supply of housing in the district which would have associated social and economic benefits and there would also be temporary economic benefits during construction. But as a single dwelling the contribution would be limited. 12. However, the appeal scheme would not provide any environmental benefits and, on the contrary, due to the public and permanent harm to the intrinsic character and beauty of this open site in the countryside. It would be contrary to development plan policies as set out above and the Framework in these respects. 13. Overall, given the harm that I have identified, I consider that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole, including its presumption in favour of sustainable development https://www.gov.uk/planning-inspectorate 2

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — Appeal Decision Appeal Decision APP/H2265/W/21/3273291

Land Opposite , 132 Broadwater Road, West Malling , Kent, ME19 6HU — Tonbridge and Malling Borough Council — INSPECTOR https://www.gov.uk/planning-inspectorate 3