Case Reference: 3245562

Appeal Decision
Hearing Held on 11 August 2020
Site visit made on 14 August 2020
by N Holdsworth MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30th November 2020
Appeal Ref: APP/M2270/W/20/3245562
Former site of Springfield Nurseries, Cranbrook Road, Hawkhurst,
Cranbrook, TN18 5EE
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant outline planning permission.
• The appeal is made by [APPELLANT] against the decision of
Tunbridge Wells Borough Council
• The application Ref 17/02192/OUT, dated 30 June 2017, was refused by notice dated
11 October 2019.
• The development proposed was originally described as erection of 24 dwellings
(including affordable housing provision) to include garaging, parking provision,
improvements to existing vehicular access, landscaping and other ancillary works. Any
existing structures within the site to be demolished.
Decision
1. The appeal is allowed and outline planning permission is granted for the
proposed erection of up to 24 dwellings to include garaging, parking provision,
improvements to existing vehicular access, landscaping and other ancillary
works at the Former site of Springfield Nurseries, Cranbrook Road, Hawkhurst,
Cranbrook, TN18 5EE in accordance with application Ref 17/02192/OUT, dated
30 June 2017 but subject to the attached schedule of conditions.
Preliminary Matters
2. Outline permission was sought with all matters reserved except for access. The
design of the scheme, including its layout and which parts of the site are built
on would be determined at the reserved matters stage. The plans submitted
with the application are otherwise illustrative only. The description of
development was changed by the Council, primarily to make reference to ‘up
to’ 24 dwellings. The appellant has confirmed that this was an agreed change,
so it is reflected in the formal decision.
3. An amended red line plan was submitted prior to the hearing. This corrects a
minor error by omitting land which is not part of the appellants ownership. No
parties interests are prejudiced by the acceptance of this information, which is
necessary in the interests of accuracy.
Main Issues
4. These are:
i) The effect of the development on highway safety; and
ii) the accessibility of the proposed residential development in relation to
the surrounding area by means other than the private car.
Reasons
Highway Safety
5. The proposed residential development would utilise an existing longstanding
vehicular access to the Cranbrook Road, which currently serves mainly
commercial development including an office building. It would be rebuilt in
approximately the same location.
6. At the point outside the appeal site, the Cranbrook Road hosts regular passing
traffic. However, there are no formal records of any collisions occurring as a
direct consequence of this existing access, which is used frequently by
commercial and passenger vehicles in association with the existing uses on the
wider site. A slight accident occurred across the road where a passing car
struck a gardener, but there is no demonstrable link between this and the
existing access.
7. 10 other accidents have been identified within an approximate 1km radius up
and down the Cranbrook Road over recent years, some of which involve
shunting due to unexpected stopping. Anecdotal accounts from residents
suggest the actual total may be higher, given that some accidents are
unreported. However, the known number of collisions is not exceptionally high
for a main road such as this, given the volume of traffic and number of access
roads that connect to it, in the area around the site. It has not attracted
intervention from the relevant authorities.
8. At the point outside the appeal site, the Cranbrook Road is relatively straight.
Consequently, the visibility going in to and out of the access is good, for both
vehicles and pedestrians. This situation would be improved, as visibility splays
would be provided to the north, removing the existing overgrowth. The new
access would be constructed to modern standards as shown on the plans
provided, as part of the proposal.
9. To the south the verge includes private land outside the red line area, so the
appellant could not be compelled to maintain the longer visibility splays within
this wider area by way of condition. However, at present it is a relatively open
verge and the vehicular and pedestrian splays are relatively clear. There are no
convincing reasons why this would not continue to be the case, were planning
permission to be granted for this development.
Detailed considerations - vehicles
10. Under the existing situation there is an informal arrangement where cars park
perpendicular to the access road on its northern verge, right up to the
Cranbrook Road. This has the effect of limiting the gap through which any
vehicles using the access road may pass to around 5 metres. By contrast, the
proposed arrangement would appear as a formal access road with a large bell
mouth at the point where it connects to the Cranbrook Road. This would be
likely to deter such informal parking, particularly at the junction with the
Cranbrook Road. It is therefore likely that the amount of space through which
vehicles pass when going in to and out of the site would be significantly wider
on a day to day level, than it is at present.
11. The type of additional traffic that would typically enter the proposed housing
development would be cars and small vans. Because of their small size, they
would not normally have any difficulty manoeuvring in to and out of this
access.
12. As a consequence of the design of the upgraded access, larger vehicles
including a refuse truck would cross the centre line of the access road and that
of the Cranbrook road whilst it enters and exits the proposed residential
development, causing an obstruction. However, the extent of such movements
generated by the residential development would be limited. Furthermore, such
obstructions are not entirely unexpected in a built-up area where multiple
accesses face on to the road and speed restrictions are in place. In these
circumstances it is reasonable to assume that drivers, including prospective
future occupants of the residential development, would be aware of the need to
proceed with caution.
13. Considering the broader impact on the flow of traffic along the Cranbrook Road,
the proposal would represent an improvement over the existing situation where
larger commercial vehicles must pass through a narrow gap when cars are
parked in the access road. A further relevant factor is that the site was
previously used as a garden centre. If the residential development did not go
ahead, previous uses could be reinstated which could lead to a greater volume
of large vehicular movements through the existing unimproved access. In the
longer term, this has the potential to have a more disruptive impact in terms of
obstruction to the Cranbrook Road, through blockages arising from vehicles
entering or leaving the site.
14. There is another residential access opposite the proposed site access, facing on
to the Cranbrook Road. The relationship between the two accesses would
effectively be the same as the existing situation, which, as noted previously,
has not led to any significant pattern of vehicular accidents or collisions. The
arrangement is acceptable, in this respect. Given the previously developed
status of the site, the proposal would not result in additional vehicular
movements such that there would be a significant impact on the wider road
network including the nearby crossroads in Hawkhurst. Whilst some informal
parking would be displaced by the development and construction of the new
access, this would not have a significant impact on the road network.
Detailed considerations – Pedestrians
15. A dedicated area of pavement leading into the site would be provided for
pedestrians. This would lead to a drop kerb crossing over the Cranbrook Road,
from where pedestrians, including those with limited mobility, can join the main
pavement leading to the centre of Hawkhurst. At the point of the crossing,
pedestrians would have good visibility up and down the Cranbrook Road.
16. Whilst the traffic along the Cranbrook Road is regular, it was possible to cross it
within around 30 seconds waiting time on my Friday afternoon site visit. Whilst
it was suggested that traffic may currently be suppressed due to the COVID-19
pandemic, my observations of traffic around the site were broadly consistent
with the surveys previously carried out by the appellant.
17. In these circumstances the construction of a refuge island in the middle of the
road, as desired by the local Highway Authority, may make for a slightly more
convenient crossing. However, it is not ultimately necessary to provide for a
safe crossing. The absence of such a feature does not make the proposal
unacceptable in pedestrian safety terms.
18. There is no footpath on the western side of this part of the Cranbrook Road. In
consequence, the closest bus stop is isolated and can only be accessed by
crossing the main road. The risk that people would choose to walk along the
road to access the bus stop instead of using the pavement on the opposite side
already exists, given the employment development on the site. A reasonably
safe alternative exists by way of the pavement on the other side of the road.
The proposal would not therefore force people to take unnecessarily risky
journeys on the carriageway, to access public transport.
19. Reference is made to 3 accidents in an approximate 1km stretch of the
Cranbrook Road affecting pedestrians. However, on this occasion a bespoke
crossing point with good visibility would be provided. It would not therefore
lead to a significant risk of further accidents occurring.
Other issues and conclusion – Highway Safety
20. As noted previously, the existing access would be rebuilt. The need to build a
pavement slightly reduces the total carriageway width compared to the existing
situation, and the bell mouth is slightly narrowed at the southern junction.
However, the access would be built to a higher standard than the existing
access with a likely reduction in obstruction caused by informal parking, thus
representing an overall improvement in vehicular access.
21. The highway authority cite various technical guidance set out at both local and
national level, regarding the design of new access points associated with
residential development. These were discussed in depth in the hearing. It also
draws attention to issues identified in road safety audits carried out in relation
to developments on and around the site. The situation in this proposal is not
perfect but it is the most that can be achieved given the ownership constraints
that apply here. Consequently, a pragmatic view has to ultimately be taken
whereby the proposal must be compared against an existing imperfect
situation, the continuation of which brings its own risks as discussed above.
22. Taking all of these factors in to account I conclude that there is no
unacceptable impact on highway safety, in relation to either vehicle or
pedestrian movements. The proposal accords with the relevant parts of the
National Planning Policy Framework (“the Framework”) and Planning Practice
Guidance. In this respect there is no conflict with Core Policy 3 of the
Tunbridge Wells Borough Core Strategy 2010, policies EN1, TP3 or TP4 of the
Tunbridge Wells Borough Local Plan 2006 nor policy AL/HA1 of the Site
Allocations Local Plan 2016 all of which seek, amongst other things, to ensure
that a safe and suitable access is provided where new residential development
is proposed.
Accessibility
23. Whilst I have found in my reasoning above that the access is technically safe, a
separate question arises as to whether the situation is desirable in accessibility
terms. This partially forms the basis of the objection to the scheme, from the
Local Highway Authority.
24. As noted previously, the western side of the Cranbrook Road around the site
does not have a footpath leading to the centre of the settlement, necessitating
regular crossing of the road to access development and the bus stop. However,
the site was allocated for development, despite this longstanding situation.
Whilst policy AL/HA1 of the Site Allocations Local Plan refers to various access
improvements, it does not specifically require a new pavement to be
constructed on the western side of the Cranbrook Road to the centre of the
settlement, to enable development on this site.
25. At this point, the Cranbrook Road is typical of main roads that pass through
built-up areas. It is reasonable to expect that the vast majority of people will
be able and willing to cross it. To help with this, the drop kerb and tactile
paving in the designated crossing would reasonably serve the needs of people
pushing buggies, and those in wheelchairs.
26. Any perceived deficiencies in the pedestrian access arrangements must also be
balanced against the benefits of locating residential development here, in
accessibility terms. The site is very close to the centre of Hawkhurst. This
settlement has a good variety of shops, including supermarkets, along with
pubs, eateries and small independent shops all within a few minutes walking
distance of the site. The basic fact of proximity means that residents would be
very likely to choose to walk to access these services, over the car.
27. The Framework requires significant development such as this to be focussed on
locations which are or can be made sustainable, limiting the need to travel and
offering a genuine choice of travel modes. Given the close proximity of the site
to services in Hawkhurst, and the ease of access to these services by foot,
these aims would be achieved here. The upgrading of the existing access to
modern standards and construction of a pavement and drop kerb crossing to
facilitate pedestrian access would amount to adequate access improvements to
comply with policy AL/HA1 of the Site Allocations Local plan.
28. Overall, the proposal is acceptable in terms of its accessibility to the
surrounding area by means other than the private car. There is no conflict with
the previously cited policies in the development plan, or the relevant parts of
the Framework which, amongst other things, seek to promote walking as an
alternative to the use of the private car.
Other Matters
29. Other Appeal decision. Planning permission was granted at appeal for the
development of another part of the same allocated site, last year1. This would
require the construction of another access in close proximity to this one,
leading to two access roads serving the wider allocated site, facing on to the
Cranbrook Road. In any scenario the centre of Hawkhurst would be accessible
on foot from either part of the site, and there would be good visibility up and
down the road. By granting permission for this development, the entirety of
this longstanding allocated housing site would be brought forward. The
interrelationship between the two developments are ultimately matters that
would need to be considered when detailed proposals for both parts of the site
are brought forward at reserved matters stage. However, the aspirations of
policy AL/HA1 of the site allocations local plan would be broadly achieved
through the grant of planning permission.
1 APP/M2270/W/18/3199819
30. Air Quality The Parish Council raise concern about air quality within Hawkhurst.
This is reflected in recent monitoring that found high levels of air pollution in
part of the settlement. There is ongoing work associated with the declaration of
an Air Quality Management Area, in part of the village.
31. However, this is a longstanding allocated site with a clear expectation that
residential development will come forward on it. Furthermore, this is previously
developed land. Any additional vehicular movements generated by the
development would offset those that may otherwise potentially occur, were the
site to revert to its previous use. Further air quality mitigation measures,
including the provision of electric vehicle charging points, would be provided in
response to planning conditions. This would be sufficient to avoid any
significant risk of additional air pollution in the surrounding area. Planning
permission should not be withheld, for this reason.
32. Area of Outstanding Natural Beauty (AONB) The site falls within the High Weald
AONB where the Framework requires great weight to be given to conserving
and enhancing landscape and scenic beauty. However, this is a previously
developed site of which a large proportion has been identified for residential
development through the plan making process. On the evidence before me,
including the illustrative plans submitted, it is likely that appearance and
landscaping proposals can be advanced at the reserved matters stage that
ensure an appropriate visual relationship with the built and natural
surroundings, whilst preserving the undeveloped appearance of the site where
it is appropriate to do so. As such there is no conflict with the relevant
statutory duties in relation to conserving and enhancing the natural beauty of
the AONB.
33. Neighbourhood Plan. I have had regard to the Hawkhurst Parish Council
Neighbourhood Plan, which was discussed at the hearing. There is no conflict
with any of the policies within this plan, when it is read alongside the other
policies in the development plan which allocate this site for development.
34. Other Issues. I have had regard to all the other issues raised by interested
parties including concerns relating to ecology and the impact on the living
conditions of existing residents. However, this is an outline planning application
which only deals with the principle of development and the access provided.
None of the issues raised would justify the dismissal of the appeal.
Planning Obligation
35. A unilateral undertaking was provided with the appeal which provides for
affordable housing, together with contributions towards community, health and
education facilities. The document has been agreed with both the Borough and
County Council and none of the payments are contested. The obligations
ensure that the proposal complies with policies on affordable housing provision
and also helps to mitigate the impacts of the development on services in the
surrounding area.
36. Based on the evidence before me I consider that these obligations are directly
related to the development, are fairly and reasonably related in scale and kind
to the development and are necessary to make the development acceptable in
planning terms. I therefore consider that the obligations meet the necessary
tests in both policy and law, and I have taken account of them in reaching my
decision.
Presumption in Favour of Sustainable Development
37. It is common ground that the Council are unable to demonstrate a 5-year
housing land supply. The Framework states that, in these circumstances the
policies which are the most important for determining the application are out-
of-date. As such, the presumption in favour of sustainable development, as set
out in paragraph 11 d) of the Framework, is engaged. On this occasion there
are no adverse impacts of granting planning permission that would significantly
and demonstrably outweigh the social and economic benefits associated with
this housing development, when the proposal is assessed against the policies in
the Framework taken as a whole. The presumption in favour of sustainable
development therefore applies.
Conditions
38. A list of conditions was agreed between the Council and the appellant prior to
the hearing. I have imposed these with some rewording and consolidation, and
to avoid duplication with the reserved matters. A further condition has been
added on the suggestion of the highway authority, requiring that visibility
splays are provided, however for the reasons previously discussed in the
decision it is only possible to compel the long-term retention of these, where
the land falls within the site area. The final condition (23) has been worded
accordingly. Several conditions were suggested in relation to surface water
drainage, I have consolidated these in to one condition (12).
39. Conditions are necessary in the interests of certainty and to reflect the time
limits for the submission of reserved matters applications; to demonstrate
appropriate provision for affordable housing; to ensure a satisfactory standard
of development with particular regard to the character and appearance of the
area and the living conditions of existing and future residents; in the interests
of highway safety; and to ensure that appropriate provision is made for
decontamination, drainage, ecological management, biodiversity enhancement,
energy and water conservation, renewable energy technology and electric
vehicle charging points to achieve a sustainable development that preserves
the environmental quality of the area. A condition also requires that a
construction environmental management plan is approved to ensure that
construction works are managed effectively, to avoid obstruction to the
highway network. Details of noise insulation are justified given the proximity of
the development to a main road, to ensure acceptable living conditions for
future occupants. It is also necessary to require air quality mitigation
measures, to avoid the risk of additional pollution.
40. The appellant has agreed to the pre commencement conditions. Given the
potential for any work on the site to be disruptive they are essential in the case
of tree survey and protection measures and construction management. It is
also essential to undertake survey work regarding contamination, sewage
disposal and drainage before work begins on site as the findings of these
surveys may need to inform the design of the development. Proposals for
biodiversity enhancement and ecological management must also be agreed
before any work begins on site, as they also have the potential to affect the
detailed design of the development and how it is carried out.
41. The wording of the biodiversity enhancement condition has removed specific
reference to a net gain, as originally suggested by the Council. Firstly, this
would potentially require significant work to establish the baseline situation
against which any gain could be calculated. Secondly, it is not clear what would
occur if it turned out not to be possible to achieve such a net gain on the site,
within the terms set out by the Council. It would therefore be unreasonable to
impose this wording, which could unreasonably hinder the deliverability of the
development. In these circumstances I consider that it is sufficient to make
reference to enhancement, which is still broadly consistent with the planning
policy objectives in relation to biodiversity, as set out in the development plan
and the Framework.
42. In imposing these conditions, I am mindful of the government’s aim that
conditions should be kept to a minimum. However, in this case this is a major
development and at present the level of approved detail on the scheme is
minimal, aside from matters relating to access. The site is also highly
environmentally sensitive, falling within an AONB. The appellant does not
object to the conditions being imposed. Each issue is sufficiently distinguishable
from the reserved matters to justify their imposition.
43. In many cases I have also amended the wording of the agreed conditions to
remove unnecessary guidance and prescription on what information may be
necessary to fulfil the requirements of the condition. This is in the interests of
precision. The conditions are all necessary to make the development acceptable
in planning terms. As imposed, they meet the tests set out in the Framework
and Planning Practice Guidance. Various other conditions were suggested by
consultees. However, these either relate to matters that could be dealt with at
reserved matters stage or are not, on the evidence before me, necessary to
make the proposal acceptable in planning terms.
Conclusion
44. The proposal complies with the development plan, when it is considered as a
whole and there are no other considerations that outweigh this finding. The
appeal should succeed.
Neil Holdsworth
INSPECTOR
SCHEDULE OF CONDITIONS
1) Approval of the details of the layout (including internal access roads), scale,
appearance and landscaping of the development (hereafter called "the reserved
matters") shall be obtained from the Local Planning Authority in writing before
development commences and the development shall be carried out as approved.
2) Application for approval of the reserved matters shall be made to the Local Planning
Authority no later than the expiration of 3 years from the date of this permission.
3) The development hereby permitted shall be begun no later than the expiration of 2
years from the date of approval of the last of the reserved matters to be approved.
4) The development hereby permitted shall be carried out in accordance with the
following approved plans:
• 3776/p01 Site Location Plan April 2020
• T 26 P1 Vehicular access splays (insofar as it relates to access and visibility
splays only)
• T 27 P1 Pedestrian visibility Splays
• P-02 Rev P1 Proposed site access
5) The development hereby permitted shall be for up to 24 dwellings.
6) Details pursuant to Condition 1 shall show the following details (this is not an
exhaustive list):
• the provision and distribution of affordable housing;
• details of hard and soft landscaping, with appropriate regard to ecology and
biodiversity, and a programme for carrying out the works;
• trees that are to be retained as part of the development;
• facilities for the parking and turning of vehicles;
• external lighting in public and communal spaces;
• details of the storage and screening of refuse and waste;
• boundary treatments including walls, fences and railings;
• existing and proposed ground levels; and
• building heights and external materials used in the construction of the
development.
7) No development shall take place until a detailed tree survey has been submitted to
and approved in writing by the local planning authority. The survey shall detail all
trees on, and immediately adjacent to the site independent of, and prior to, any
development design.
8) No development shall take place until a Tree Protection Plan and Arboricultural
Method Statement has been submitted to and approved in writing by the local
planning authority. All trees to be retained must be protected by barriers and/or
ground protection. The development shall be carried out in accordance with the
approved details.
9) Prior to the commencement of the construction works, a Construction
Environmental Management Plan shall be submitted to and approved in writing by
the Local Planning Authority. This shall include, amongst other things, details of
access arrangements to the site in the course of building works. The construction of
the development shall then be carried out in accordance with the approved
Construction Environmental Management Plan at all times.
10) The development hereby permitted shall not be commenced until the following
components of a scheme to deal with the risks associated with contamination of the
site has been submitted to and approved, in writing, by the local planning
authority:
1) A preliminary risk assessment which has identified: all previous uses; potential
contaminants associated with those uses; a conceptual model of the site
indicating sources, pathways and receptors; and any potentially unacceptable
risks arising from contamination at the site.
2) A site investigation and risk assessment, based on (1) to provide information
for a detailed assessment of the risk to all receptors that may be affected,
including those off site.
3) A remediation method statement (RMS) based on the site investigation results
and the detailed risk assessment (2). This should give full details of the
remediation measures required and how they are to be undertaken. The RMS
should also include a verification plan to detail the data that will be collected in
order to demonstrate that the works set out in the RMS are complete and
identifying any requirements for longer-term monitoring of pollutant linkages,
maintenance and arrangements for contingency action.
The development shall be carried out in accordance with the details approved
under the terms of this condition. A Closure Report shall be submitted upon
completion of the works. The closure report shall include full verification details as
set out in 3. This should include details of any post remediation sampling and
analysis, together with documentation certifying quantities and source/destination
of any material brought onto or taken from the site. The development shall not be
occupied until the closure report has been submitted to and approved in writing by
the local planning authority.
11) No development shall take place until details of the disposal of foul sewage
have been submitted to and approved in writing by the Local Planning Authority.
Development shall be carried out in accordance with the approved details.
12) Development shall not begin until a detailed sustainable surface water
drainage scheme for the site has been submitted to and approved in writing by
the local planning authority, together with a programme for its implementation.
This shall be informed by calculations of likely potential surface water discharge
rates, demonstrating that such water can be appropriately managed avoiding the
risk of flooding. It shall include details of any surface water infiltration being
used, and also any attenuation basin used, providing biodiversity enhancement
where appropriate. Development shall be carried out in accordance with the
approved details.
13) No building hereby permitted shall be occupied until details of the
implementation, maintenance and management of the sustainable drainage
scheme have been submitted to and approved in writing by the local planning
authority. The scheme shall be implemented and thereafter managed and
maintained in accordance with the approved details. Those details shall include:
a) a timetable for its implementation, and
b) a management and maintenance plan for the lifetime of the development
which shall include the arrangements for adoption by any public body or
statutory undertaker, or any other arrangements to secure the operation of
the sustainable drainage system throughout its lifetime.
14) Prior to commencement of any above ground works, details of works to the
existing access including off site works to include provision of improved
pedestrian crossing facilities on the Cranbrook Road, on the basis of those shown
on the approved plans, shall be submitted to and approved in writing by the local
planning authority. The works approved under the terms of this condition shall be
built prior to first occupation of the development.
15) Prior to the commencement of development, a detailed scheme for
biodiversity mitigation and enhancement shall be submitted to and approved in
writing by the Local Planning Authority. The approved scheme shall take account
of any protected species that have been identified on the site, and in addition
shall have regard to the enhancement of biodiversity generally. The development
shall be carried out in accordance with the approved details and maintained
thereafter in accordance with any requirements of the agreed scheme.
16) A landscape and ecological management plan (LEMP) shall be submitted to,
and be approved in writing by, the local planning authority prior to the
commencement of development. The development shall be carried out, and
maintained thereafter as necessary, in accordance with the details approved
under the terms of this condition.
17) Prior to the occupation of any of the units hereby approved, details of the
provision of at least 2 'fast charge' electric vehicle-charging points, including a
timescale for its provision, shall be submitted to, and approved in writing by, the
Local Planning Authority. The charging points shall be provided in accordance
with the approved details, in accordance with an agreed timescale, and retained
thereafter.
18) Prior to the commencement of above ground construction works, written and
illustrative details for renewable energy technologies to be incorporated in to the
development shall be submitted to, and approved in writing by the Local Planning
Authority. The development shall be carried out in accordance with the approved
details.
19) Prior to the commencement of above ground construction works, written
details for water conservation, shall be submitted to, and approved in writing by
the Local Planning Authority. The development shall be carried out in accordance
with the approved details.
20) Prior to the commencement of above ground construction works, written and
illustrative details for energy conservation shall be submitted to and approved in
writing by the Local Planning Authority. The development shall be carried out in
accordance with the approved details.
21) Prior to the commencement of above ground works, details of noise
insulation measures to be installed within the development hereby approved shall
be submitted to and approved in writing by the Local Planning Authority. The
work specified in the approved scheme shall then be carried out in accordance
with the approved details prior to occupation of the development.
22) Prior to commencement of above ground works, a scheme of mitigation
measures for the control of air quality shall be submitted to and approved in
writing by the Local Planning Authority. The agreed scheme shall be
implemented prior to the first occupation of the development.
23) Prior to the occupation of the residential development hereby approved, the
visibility splays shown on plan T26 P1 shall be provided. Anything in the splay
greater than 0.9m in height above the level of the adjoining carriageway shall be
removed and, insofar as it relates to the application site, the splay shall be
retained as such thereafter. The pedestrian visibility splay shown on plan T27 P1
shall also be provided prior to the occupation of the development. Anything in
the splay greater than 0.6m in height above the level of the adjoining
carriageway shall be removed. In so far as it relates to land within the
application site, the splay shall be retained as such thereafter.
END OF SCHEDULE
APPEARANCES
For the Local Planning Authority
Mr James Moysey MRTPI Planning Officer
Mrs Margaret Parker, BSC, MSC, MCILT Highways Officer (Kent
County Council)
For the Appellant
Mr Jonathan Buckwell BA (Hons), MA, MRTPI, PIEMA Planning Consultant
Mr Paul Lulham CMILT Highways Consultant
Mr William Fattal Appellant
Interested Parties
Ms Clare Escombe Hawkhurst Parish Council
DOCUMENTS SUBMITTED AT THE HEARING
1. Annotated plan showing extent of red line changes to plan 3776/P01
2. Document entitled Tunbridge Wells Borough Council: Planning Position
Statement for proposed development which may impact on air quality in
Hawkhurst, June 2020.
DOCUMENTS RECEIVED AFTER THE HEARING
1. Email from Hawkhurst Parish Council, dated 14 August 2020 in relation to
information about air quality discussed at the hearing.