The applicant went to appeal after the council refused the plans
Twenty-two homes for a small Kent village rejected by local council chiefs have been approved at appeal by a planning inspector. The planning application is for Benenden, which was named as one of the best places to live in Kent.
The estate can now be built at Uphill in New Pond Road, on the edge of the village. The house, which is in a large garden, will be bulldozed, along with outbuildings. The appeal against the decision of Tunbridge Wells Borough Council was made by Mr and Mrs Gear and Hestia Homes (Cranbrook).
The inspector said the main issue of the appeal was whether the scheme would give an appropriate mix of housing, particularly affordable housing. He ultimately agreed with the appellants, that affordable housing on or off site was not financially viable, and nor was making a financial contribution in lieu.
When the council rejected the plan, it could not demonstrate a five year supply of housing land, however, it does in its new Local Plan, adopted on December 10.
Both parties agreed the scheme was not sufficiently viable to have affordable housing on site, and the appellant provided an updated viability study during the appeal process, which included higher build costs, and a “poorer viability position” than in 2024.
The council on refusing the plan said the financial viability and the delivery did not outweigh the need to “provide affordable housing or an alternative proposal to address affordable housing needs”.
In the 20-page appeal decision, the inspector said the evidence demonstrated affordable housing “either on-site or as a financial contribution toward off-site provision, would make the development unviable”.
And in another part: “Therefore, a nil rate of affordable housing provision would be justified by the viability evidence.”
On the advice of the council, the Gears engaged with four registered providers of affordable housing and not one was willing to submit a bid for affordable housing stock on the site, said the inspector. They also contacted a provider of shared equity/ownership schemes, whose offer was substantially below open market value.
The inspector also found the proposal could not “viably support” a financial contribution in lieu of on-site affordable housing. The appellants can not buy additional land on which to provide affordable housing, as this would hit the viability of the 22-home scheme, and impede its delivery, said the inspector.
The inspector said a review was necessary to reappraise the viability of the scheme part-way through development. This struck a balance between supporting development and delivering affordable housing, they said.
“In the event the review concludes there is surplus profit available for an affordable housing contribution, the sum would be paid to the council,” said the inspector.
The inspector said before the council rejected the plans, an £85,000 contribution toward affordable housing was offered to “secure a recommendation for approval and avoid the cost and delay of the appeal process”.
But the appellant no longer proposed that contribution: it was not included within any planning obligation and “is not relevant to my determination of the appeal proposal which relies on the submitted viability evidence”, said the inspector.
Benenden has a population of around 1,400 people, according to the 2021 Census, and it’s six miles from Tenterden, another gem of west Kent. In 2023, as KentLive reported, Benenden made Muddy Stilettos’ 10 best places to live in the county, joining Tunbridge Wells, and Sevenoaks, to name two.
There are around 800 homes in the village, and it’s a great spot for walking. The Bull at Benenden is the village’s “beating heart” according to one happy customer, and it stocks a selection of local ales, ciders and wines, with good food.
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