Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU
Tunbridge Wells Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 9 June 2025
- Authority
- Tunbridge Wells Borough Council
- Inspector
- Grierson E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Perry Richard Jones
- LPA reference
- 24/02012/FULL
- ONS LPA code
- E07000116
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 January 2025
Summary AI
The appeal for a new detached house and associated double garage in a rural area was dismissed due to the development not being in a suitable location for new housing and resulting in significant harm to the character and appearance of the surrounding area, including the High Weald National Landscape.
PDF text
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Site visit made on 20 May 2025 by E Grierson BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 9th June 2025 Appeal Ref: APP/M2270/W/24/3356520 Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent TN18 4QU • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Perry Jones against the decision of Tunbridge Wells Borough Council. • The application Ref is 24/02012/FULL. • The development proposed is the construction of a new detached house and associated double garage. Decision 1. The appeal is dismissed. Preliminary Matters 2. A revised National Planning Policy Framework (the Framework) was published on 12 December 2024. Whilst I have had regard to the revised national policy as a material consideration in my decision-making, planning decisions must still be made in accordance with the development plan unless material considerations indicate otherwise. In this instance, the issues most relevant to the appeal remain unaffected by the revisions to the Framework.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision I am therefore satisfied that there is no requirement to seek further submissions on the revised Framework. Main Issues 3. The main issues are: • whether the proposed development would be in a suitable location for new housing with regard to the local development strategy and accessibility to services and facilities; and • the effect of the proposed development on the character and appearance of the surrounding area, including the High Weald National Landscape. Reasons Location 4. The appeal site is an undeveloped plot of land between two residential dwellings, covered in scrub with trees to the rear. Whilst currently separate from surrounding plots, from the evidence provided, it appears the site previously formed domestic garden land. It is located in a relatively rural area, within a small group of residential dwellings positioned in a linear fashion along the road. The proposed https://www.gov.uk/planning-inspectorate
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Appeal Decision APP/M2270/W/24/3356520 development would introduce a single two-storey dwelling to the appeal site with a detached garage outbuilding and a new access from Horns Road. 5. Policy LBD1 of the Tunbridge Wells Borough Local Plan 2006 (the LP) states that outside the Limits to Built Development, as defined on the Proposals Map, development will only be permitted where it would be in accordance with all relevant policies contained in this Local Plan. The appeal site is located outside of the Limits to Built Development of Hawkhurst, the nearest settlement, and is therefore within the countryside. 6. Core Policy 14 of the Tunbridge Wells Borough Local Development Framework Core Strategy Development Plan Document 2010 (the CS) states that new development will generally be restricted to sites within the Limits to Built Development of the villages, but outside of this area affordable housing to meet an identified local need in perpetuity may be allowed. This is supported by Core Policy 6 of the CS. The proposed development does not include affordable housing and therefore would not accord with these policies. 7.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Policy HD1(a) of the Hawkhurst Parish Council Neighbourhood Plan 2016-2033 2018 (the NP) states that the development of small scale infill sites for 1-5 dwellings both within the existing limits of built development and within walking distance of shops and amenities will be supported. As the appeal site is outside of the existing limits of built development, it would not accord with this policy. 8. Policy EN1 of the LP states that the design of pedestrian routes to all new development proposals should provide safe and east access for people with disabilities and people with particular access requirements. Core Policy 14 of the CS also states that non-motorised modes of the transports between the rural settlements and within the rural areas will be encouraged. 9. This is not an isolated site, as it is located in close proximity to several other dwellings. Therefore, paragraph 84 of the Framework is not applicable. However, paragraph 83 of the Framework highlights that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. This should include consideration of providing support for local services even in a village nearby. 10.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision There are very few services and facilities within The Moor, which the appellant indicates is 0.6 miles from the appeal site. However, these are extremely limited and a broader range is available within the settlement of Hawkhurst. These include supermarkets, shops, a hospital, a library, a school and a doctors surgery amongst other things. Nevertheless, these are some distance from the appeal site, approximately 1.2 miles away, and although there is a relatively good footpath along the road to provide access, this appears to be largely unlit. Therefore, due to the distance and lack of streetlighting, these facilities would be difficult to access by foot from the appeal site for most, particularly during the hours of darkness. The road is also a relatively narrow and busy country lane with no evidence of any dedicated cycle lanes, thereby making cycling an unattractive option for day to day family needs. 11. The appellant has highlighted that there are two bus stops within 250 metres of the appeal site providing hourly services to the nearby towns of Tunbridge Wells and Hastings, which offer a vast range of services and facilities.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Whilst the appellant considers this to be frequent by village standards, due to the reliance which would https://www.gov.uk/planning-inspectorate 2
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Whilst the appellant considers this to be frequent by village standards, due to the reliance which would https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/M2270/W/24/3356520 be placed upon it by future occupiers of the proposed development, I do not agree that this constitutes a frequent service. Therefore, the proposed development would not accord with Policy EN1 of the LP or Core Policy 14 of the CS in this regard. 12. Whilst paragraph 110 of the Framework states that opportunities to maximise sustainable transport solutions will vary between urban and rural areas, this does not negate the requirement to offer a genuine choice of transport modes and ensure that safe and suitable access to the site can be achieved for all users. Furthermore, due to the scale of the development, the benefit to services within villages nearby would be limited. Therefore, the proposed development would be given limited weight in relation to paragraph 83 of the Framework. 13. In conclusion, the necessary services and facilities which would be required by the future occupiers of the proposed dwelling would not be readily accessible and a single dwelling would not provide significant support for local services nearby.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision There are limited sustainable transport options and therefore the future occupiers would largely be reliant on the use of a car to serve their day to day needs on a regular basis. The appellant indicates that the future occupiers of the dwelling will have access to two electric cars powered by solar energy. However, whilst this may reduce the environmental impact of car travel, there is nothing to guarantee their use and therefore this would not mitigate against the lack of more sustainable transport options. 14. Consequently, the proposed dwelling would not be located within a socially or environmentally sustainable location and would not be in an appropriate location for new housing. 15. Therefore, for the reasons above, the proposed development would not be in a suitable location for new housing with regard to the local development strategy and accessibility to services and facilities. It would therefore conflict with Policies LBD1 and EN1 of the LP, Core Policies 6 and 14 of the CS and Policy HD1(a) of the NP as outlined above. 16. The proposal would also be contrary to Policies STR1 and STR2 of the Tunbridge Wells Borough Submission Local Plan 2020-2038 (the Submission LP) 2021.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Which, whilst not adopted, seeks to focus new development within the Limits to Built Development of settlements and prioritise the needs of pedestrians, cyclists and public transports services. Character and Appearance 17. The area surrounding the appeal site is principally made up of large residential dwellings on generous plots, set out in a linear fashion along Horns Road. In the area immediately surrounding the appeal site, these residential dwellings are generally set back from the road and partially screened from view by trees, hedging and fencing, giving the road a verdant and rural appearance. The dwellings are well separated from one another and the plots are interspersed with unoccupied areas of grassland and woodlands, which contribute positively to the rural nature of the surroundings and the overall character and appearance of the area. 18. The appeal site is located within the Hawkhurst Wooded Farmland Landscape Character Area (LCA 11), as defined in the Tunbridge Wells Borough Landscape https://www.gov.uk/planning-inspectorate 3
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Appeal Decision APP/M2270/W/24/3356520 Character Assessment Supplementary Planning Document 2017 (LCA SPD). In the LCA SPD the character of LCA 11 is defined as a peaceful, managed, farmed landscape of pastures and open arable fields on the gentle opens slopes rolling down from the plateau to the River Rothers and Hexden Channel. Fields are bounded by thick, wooded shaws with some deep intersecting ghylls, resulting in an interesting landscape pattern with occasional built landmarks such as a windmill or church tower. 19. It is also located within the High Weald National Landscape, previously known as the High Weald Area of Outstanding Natural Beauty (AONB) prior to December 2023. The LCA SPD states that the character area should be considered in the context of the High Weald AONB, particularly the role certain parts of the character area may play in the setting of the AONB. The landscape strategy includes to control further development proposals which could adversely affect the rural character of the landscape and tip the scale to a more urban character. 20. The statutory purpose of National Landscapes is conserving and enhancing the natural beauty of the area of outstanding natural beauty.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Section 245 (Protected landscapes) of the Levelling-up and Regeneration Act 2023 amends the duty on relevant authorities in respect of their functions, which affect National Landscapes. Relevant authorities must seek to further the statutory purposes of Protected Landscapes, which includes National Landscapes. Paragraph 189 of the Framework also states that great weight should be given to conserving and enhancing landscape and scenic beauty in National Landscapes which have the highest status of protection in relation to these issues. 21. Whilst the appellant considers it to be a scrubland eyesore, the open and verdant nature of the appeal site provides a welcome gap in built form and sits comfortably within LCA 11 and the rural surroundings of the National Landscape, contributing positively to it. 22. The proposed dwelling would be positioned on the appeal site so that it is set back from the road, as per surrounding dwellings, albeit the garage outbuilding would be located forward of this. The appellant states that the proposed development will be screened by a tall laurel hedge to be planted along the front boundary, which is shown on the submitted plans.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision However, this would be unlikely to sufficiently screen the entirety of the proposal and therefore it would still be a highly visible addition within the streetscene, particularly via the proposed access. 23. Whilst the proposed dwelling would fit comfortably on the plot, along with the proposed garage, the development would extend its entire width. Therefore, it would result in the loss of the spacious gap between the existing dwellings, bringing built form closer together, contrary to the current character of the area previously outlined. A dwelling in this location, regardless of scale, would also result in the loss of the sites undeveloped, open and verdant nature. It is noted that infill development may already have occurred in the area, as stated by the appellant. However, the location and circumstance of these infill plots are unknown and would not set a precedent for the proposed infill development before me. 24. Consequently, the proposed development would adversely affect the rural character of the landscape and tip the scale to a more urban area, contrary to the landscape strategy outlined within the LCA SPD.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision The loss of the open character of the area would also be detrimental to the wider National Landscape and, for this https://www.gov.uk/planning-inspectorate 4
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision The loss of the open character of the area would also be detrimental to the wider National Landscape and, for this https://www.gov.uk/planning-inspectorate 4
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Appeal Decision APP/M2270/W/24/3356520 reason, would not further its statutory purpose of conserving and enhancing the natural beauty of the area. 25. As such, the proposed development would result in significant harm to the character and appearance of the surrounding area including the High Weald National Landscape, for which the conservation of is given great weight, and would conflict with Policies 4 and 14 of the CS and Policies EN1 and EN25 of the LP. These policies collectively seek to ensure that the Boroughs urban and rural landscapes, including the designated High Weald AONB, will be conserved and enhanced with the interrelationship between natural and built features of the landscape to be preserved, would have a minimal impact on the landscape character of the locality and the nature and intensity of the proposed use would be compatible with neighbouring uses and would not cause significant harm to the character of the area. 26. The proposal would also be contrary to Policies STR8 and EN19 of the Submission LP which seek to ensure that development contributes to and enhances the urban and rural landscapes of the borough, with particular regard to the designated High Weald AONB. Planning Balance 27.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision The development would add to the overall housing land supply and make a contribution to the Government’s objectives of significantly boosting the supply of homes, with the addition of a single dwelling. The Council have confirmed that they cannot achieve a five year supply of deliverable housing. In their appeal statement they indicate that the Council can only currently demonstrate a 3.90 year supply of land for housing, a significant shortfall. As such, due to the provisions of footnote 8, paragraph 11(d) of the Framework should be applied. 28. However, while the framework advocates granting planning permission where there are no relevant development plan policies, this is unless, in accordance with paragraph 11(d)(i), the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for refusing the development proposed. The significant harm to the National Landscape identified is such that the policies in the Framework relating to the National Landscape provide that strong reason for refusing the development. As a result, the presumption in favour of sustainable development does not apply and does not weigh in favour of the proposal. 29.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision The proposal would also include various energy saving features such as solar slates on the roof, triple glazing, a ground source heat pump and batteries for electricity storage, resulting in a dwelling which is ‘off-grid’. However, whilst beneficial for the future occupiers of the proposed dwelling, these are considered to be neutral factors in my assessment of this appeal. 30. The appellant states that the proposal also includes the re-wilding of 50% of the appeal site to the rear, including a pond for wildlife. However, no details have been provided in relation to how this would be implemented or how it would improve environmental conditions on the site. Therefore, it can only be afforded limited weight. 31. The proposed development would provide one plot for self-build and custom housebuilding, which is secured by the submitted planning obligation. Paragraph https://www.gov.uk/planning-inspectorate 5
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Appeal Decision APP/M2270/W/24/3356520 73(b) of the Framework supports small sites to come forward for self-build and custom-build housing. The Housing and Planning Act 2016 provides that authorities must give suitable development permission (for the carrying out of self- build and custom housebuilding) in respect of enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority’s area arising in each base period. 32. The Council have confirmed that their current register, of those who are seeking to acquire serviced plots of land in the authority's area for their own self-build and custom housebuilding, identifies an overall need for 180 self-build plots on part 1 of the register and only 83 on part 2 of the register, which are required to be delivered by October 2026. This demonstrates a significant deficit in plots for self- build or custom housebuilding and no adopted or emerging strategy to address this shortfall has been provided by the Council.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision Therefore, a plot for self-build or custom housebuilding is a material consideration in favour of granting permission and would make a significant contribution to addressing the current shortfall in provision, albeit with only one additional dwelling. 33. Nevertheless, I have identified that the proposal is not in a suitable location for new housing and would result in significant harm to the character and appearance of the surrounding area, including the High Weald National Landscape, for which its conservation is given great weight. Any benefits from the proposed scheme would largely be reduced by the limited scale of development and, as such, the benefits outlined above would not be sufficient to outweigh this significant harm. Other Matters 34. I note the appellant’s frustrations in relation to the conduct of the Council during the application and after the decision was issued, in relation to communication. I also note the appellant’s comments in relation to evidence of the Parish Council’s meetings and votes on the planning application. However, these matters would not alter my findings in relation to the appeal.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — Appeal Decision The appellant also raises that there were an increase in site constraints in this application compared with previous applications for similar development on the appeal site. However, these mostly do not relate to the main issues within this appeal and therefore have no bearing on my overall conclusion. Conclusion 35. Therefore, for the reasons given above and having had regard to all other matters raised, the development would conflict with the development plan taken as a whole and I conclude that the appeal should be dismissed.
Land between White Lodge and Garden House, Horns Road, Hawkhurst, Kent, TN18 4QU — Tunbridge Wells Borough Council — E Grierson INSPECTOR https://www.gov.uk/planning-inspectorate 6
Main issues and findings
Housing land supply Against appellant ¶13
The proposed development would not provide significant support for local services nearby, and the future occupiers would largely be reliant on the use of a car to serve their day to day needs on a regular basis.
Character and appearance Against appellant ¶24
The proposed development would result in significant harm to the character and appearance of the surrounding area, including the High Weald National Landscape, by bringing built form closer together and losing the open and verdant nature of the site.
Planning obligations For appellant ¶31
The proposed development would provide one plot for self-build and custom housebuilding, which is a material consideration in favour of granting permission and would make a significant contribution to addressing the current shortfall in provision.
Policies relied on
| Reference | Weight |
|---|---|
| LBD1 |
Determinative |
| EN1 |
Determinative |
| Core Policy 6 |
Determinative |
| Core Policy 14 |
Determinative |
| Policy HD1(a) |
Determinative |
| Policies STR1 and STR2 |
Determinative |
| Policies STR8 and EN19 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 6 pages, issued by the Planning Inspectorate on 9 June 2025 under the Open Government Licence.