126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Site visit made on 4 October 2022 by E Dade BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 1 November 2022 Appeal Ref: APP/H2265/W/21/3288869 126 Addlestead Road, East Peckham, Tonbridge, Kent TN12 5NL • 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 Thomas McGovern against the decision of Tonbridge and Malling Borough Council. • The application Ref TM/21/00573/FL, dated 1 March 2021, was refused by notice dated 15 June 2021. • The development proposed is change of use of the land from amenity to residential curtilage and alterations to the boundary treatment. Decision 1. The appeal is allowed and planning permission is granted for change of use of the land from amenity to residential curtilage and alterations to the boundary treatment at 126 Addlestead Road, Tonbridge, TN12 5NL in accordance with the terms of the application, Ref TM/21/00573/FL, dated 1 March 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Plan – at 1:500 scale produced on 23 September 2021; Location Plan at 1:1250 scale produced on 15 March 2021; and TM126: Boundary Treatment. 3) Before the use hereby approved is commenced, a scheme of landscaping and boundary treatment shall be submitted to and approved by the Local Planning Authority. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following the completion of the development. Access to the adjacent public bench for its use and maintenance shall be retained for the lifetime of the development. Any trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation. Preliminary Matters 2. The development description set out in the application form provides a lengthy, detailed description of the proposal. In the interests of clarity and conciseness, I have used the description used by the Council on its decision notice.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/H2265/W/21/3288869 3. The original submitted plans include a public bench within the appeal site boundary. In response to the Parish Council’s concerns the appellant submitted a revised plan with an amended site boundary so that the bench can be retained. 4. I consider that this change to the site boundary would not prejudice any party. I have therefore determined the appeal on the basis of the revised plan which excludes the bench from the site boundary Main Issues 5. The main issues in this appeal are the effects of the proposal on: • The character and appearance of the Bullen Corner Conservation Area; and • The provision of community facilities. Reasons Conservation Area 6. The appeal site is a wide verge of mown grass which runs along Westwood Road, adjacent to the side garden of No 126 Addlestead Road. An overgrown, mixed hedgerow separates the site from No 126’s garden. The site is otherwise unenclosed and is bounded by the public highway and a modern block of garages and hardstanding. 7. The proposal seeks a change of use of the site to garden land. The site would be enclosed by a hedge and stock fencing to incorporate the site into the garden of No 126.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision A wooden gate would be located adjacent to the garage court. 8. The appeal site is located within the Bullen Corner Conservation Area (CA). The Bullen Corner Conservation Area Appraisal (2011) describes the significance of the CA identifying Bullen Corner’s origins as a small linear hamlet focussed on two road junctions, now located at the western margins of East Peckham, with its historic cluster of properties directly abutting the countryside. Long views from, and of, the CA are constrained by narrow, winding country lanes, flat topography and hedged fields and orchards. 9. The appeal site forms a juncture between the period dwellings which front onto Addlestead Road, and the modern estate development which extends eastwards along Westwood Road. The Conservation Area Appraisal indicates the appeal site is an “important open space” which “allows views of the orchard to the west and enhances the rural character of the Conservation Area”. 10. The orchard is located on the opposite side of Addlestead Road to the appeal site and is outside the boundary of the Conservation Area.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision From my site visit, I found that views of the orchard from the appeal site and from the approach from Westwood Road are obscured by the orchard’s boundary hedge. The orchard’s fruit trees become visible through gaps in the hedgerow at the road junction, with the best views of the orchard located along Addlestead Road. Therefore, the proposal would not materially harm views of the orchard. 11. The proposal would change the site’s appearance since the site would be enclosed by a hedge and would appear as part of the garden of No 126. Garden https://www.gov.uk/planning-inspectorate 2

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision From my site visit, I found that views of the orchard from the appeal site and from the approach from Westwood Road are obscured by the orchard’s boundary hedge. The orchard’s fruit trees become visible through gaps in the hedgerow at the road junction, with the best views of the orchard located along Addlestead Road. Therefore, the proposal would not materially harm views of the orchard. 11. The proposal would change the site’s appearance since the site would be enclosed by a hedge and would appear as part of the garden of No 126. Garden https://www.gov.uk/planning-inspectorate 2

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Appeal Decision APP/H2265/W/21/3288869 land enclosed by hedges and fences is consistent with the character of the CA and, subject to providing suitable boundary treatment, would not adversely affect the CA’s rural character. Suitable boundary treatment can be secured through use of a planning condition. 12. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires me to pay special attention to the desirability of preserving or enhancing the character or appearance of the CA. For the reasons discussed above, the proposal would not give rise to harm to the Bullen Corner Conservation Area’s character, appearance or significance and would not conflict with the National Planning Policy Framework (the Framework) which gives great weight to the conservation of heritage assets. Provision of community facilities 13. The appeal site is an unenclosed, wide, grass verge. Whilst accessible to the public, the site offers little opportunity for sport, recreation or leisure activities and therefore appears to be of limited value as a community facility. 14.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Policy CP26 of the Tonbridge and Malling Core Strategy (2007) generally protects against the loss of provision of community services or recreation, leisure or cultural services, apart from in exceptional circumstances including where the applicant has demonstrated that for the foreseeable future there is likely to be an absence of need or adequate support for the facility. 15. The applicant has supplied photographs taken at different times over a period of several weeks, each showing the site vacant and unused. Comments received from local people during the appeal corroborate the view that the site is of limited value as a public open space. Likewise, during my site visit, I observed the site not in use and there was no indication that the site served any practical use to the community. Whilst the Officer’s Report suggests the Parish Council is willing to buy the site, during the appeal the Parish Council confirmed they do not intend to purchase the land. 16. Members of the public, including those within groups with protected characteristics such as older people or persons with limited mobility may rely on the bench on the verge as a place of respite.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Such persons may be adversely affected, were the bench to be lost as a result of the proposal. The amended plans submitted with the appeal seek its retention and, I have included a condition to ensure access to the bench is not hindered by the proposal’s boundary treatment. 17. Consequently, the evidence suggests there is an absence of need for the space and that the site lacks adequate support for the foreseeable future. I therefore find that the circumstances set out in policy CP26 would apply to the proposal. Therefore, the proposal would not conflict with policy CP26. Other Matters 18. Bullen Cottage, a Grade II listed building is located on the opposite side of Westwood Road to the appeal site. The Conservation Area appraisal describes Bullen Cottages’ special interest and significance, indicating that the 16th Century building with thatched roof and exposed timber frame originally formed part of a larger manor house and is the oldest surviving property in the hamlet. https://www.gov.uk/planning-inspectorate 3

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Appeal Decision APP/H2265/W/21/3288869 19. From my site visit, I noted the building’s thatched roof is visible from the appeal site, with its elevations generally screened by hedges, fencing and shrubs within and along the boundaries of the building’s garden. As indicated by the Conservation Area appraisal, the construction of Westwood Road in the 1950s severed the building from the main part of the hamlet, with the modern estate road thereby creating separation between the listed building and appeal site. 20. Section 66 (1) of the Planning (Listed Building and Conservation Areas) Act 1990 (‘the LBCA Act’) requires special regard to be had to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses when dealing with planning applications. Paragraph 199 of the Framework states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation; the more important the asset, the greater the weight should be. 21.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision The proposal’s change of use and enclosure of the appeal site as garden land would not be out of keeping with the appearance of the area which contributes to the listed building’s setting. The proposal would have a neutral effect on its setting and therefore the significance of the listed building, and therefore would not give rise to conflict with the Act or Framework. Conditions 22. In addition to the standard condition which relates to the commencement of development, I have also attached a condition specifying the approved plans in the interests of providing certainty. This includes the revised site plan as submitted by the appellant during the appeal. 23. A condition requiring the approval of landscaping and boundary treatment is also necessary to ensure the scheme is suitable in the context of its siting within the Conservation Area. 24. I have given consideration to the Council’s suggested conditions which seek to remove various permitted development rights from the appeal site for the purpose of conserving the character and appearance of the CA.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — Appeal Decision Since the site is located within a CA, The Town and Country Planning (General Permitted Development) (England) Order 2015 indicates its permitted development rights are more limited than in other areas. Therefore, I do not consider the suggested conditions necessary to make the proposal acceptable in planning terms. Conclusion 25. For the reasons given above, the proposal would accord with the development plan taken as a whole and therefore I conclude that the appeal should succeed.

126 Addlestead Road, East Peckham, Tonbridge, Kent, TN12 5NL — Tonbridge and Malling Borough Council — E Dade INSPECTOR https://www.gov.uk/planning-inspectorate 4