Case 3305107

Westbank, London Road, Addington, Kent, ME19 5PL

Tonbridge and Malling Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
22 September 2023
Authority
Tonbridge and Malling Borough Council
Inspector
Naylor R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Oliver Crouch
LPA reference
22/00628/FL
ONS LPA code
E07000115
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 May 2023

Summary AI

The appeal for a single-story side extension and loft conversion was dismissed due to the extensive demolition of the original house, making the proposed extension incapable of being completed. The Inspector's site visit found that the majority of the house had been demolished, leaving only a section of the front elevation intact.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Westbank, London Road, Addington, Kent, ME19 5PL — Tonbridge and Malling Borough Council — Appeal Decision Site visit made on 22 August 2023 by Robert Naylor BSc (Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 22 September 2023 Appeal Ref: APP/H2265/W/22/3305107 Westbank, London Road, Addington, West Malling, Kent ME19 5PL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Oliver Crouch against Tonbridge and Malling Borough Council. • The application Ref 22/00628/FL is dated 16 March 2022. • The development proposed is a single-story side extension with roof space and existing loft space developed into habitable space. Decision 1. The appeal is dismissed and planning permission for a single-story side extension with roof space and existing loft space developed into habitable space is refused. Preliminary Matters and Main Issues 2. The address in the banner heading above has been taken from the application form, albeit that the reference to Kent has been made after West Malling rather than preceding as shown on the application form. 3.

Page 1 · Chunk 1 Appeal Decision

Westbank, London Road, Addington, Kent, ME19 5PL — Tonbridge and Malling Borough Council — Appeal Decision During my site observations the majority of the original house had been demolished, with only a section of the front elevation at ground floor still intact at the time of my visit. From the details before me, the scheme subject to this appeal seeks permission for a side extension and creation of habitable space within the existing loft. Given the extensive nature of the demolition works it is thus incapable of being extended. In these circumstances, the only logical conclusion that can be reached is that the appeal should be dismissed and planning permission be refused. 4. The parties have had the opportunity to comment on my findings following the site visit and been given the option to withdraw the appeal. Whilst, the Council have confirmed that had they been in a position to determine the proposal then they would have recommended an approval of the application, they have not provided any further comment on my findings on site. Nevertheless, given the Council failed to determine the scheme within the statutory timeframe, it falls to me to determine the scheme based on the evidence before me. 5.

Page 1 · Chunk 2 Appeal Decision

Westbank, London Road, Addington, Kent, ME19 5PL — Tonbridge and Malling Borough Council — Appeal Decision With regard to the matters pertaining to development in the Green Belt, which may be relevant to the consideration of the appeal, it would not be appropriate for me to address these matters further, as any future considerations may not be the same if a further application for planning permission were to be made to the Local Planning Authority. https://www.gov.uk/planning-inspectorate Appeal Decision APP/H2265/W/22/3305107 Conclusion 6. For the above reasons and having regard to all other matters raised, I conclude that the appeal should be dismissed and planning permission refused.

Page 2 · Chunk 3 Robert Naylor

Westbank, London Road, Addington, Kent, ME19 5PL — Tonbridge and Malling Borough Council — Robert Naylor INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶5

The Inspector chose not to address this matter further as it may not be relevant to future applications.

Character and appearance
Against appellant
¶3

The proposed extension was deemed incapable of being completed due to the extensive demolition works.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 22 September 2023 under the Open Government Licence.