Capel Court Yard Sychem Lane Capel Tonbridge Kent Data via plota.co.uk

25/01615/MOD106 - Modify Section 106 Agreement Approved at committee

Approved at planning committee on 30 September 2026, subject to a legal agreement. The council issues its decision notice once the agreement is signed.

Proposal

Application to replace a S52 agreement dated 26th March 1974 with a S106 legal agreement controlling the use of the site Data via plota.co.uk

View original council record ↗Last checked

Application progress

✓
Received
1 Jul 2025
✓
Consultation
3 Jul 2026
✓
Committee
30 Sept 2026
Decision notice
Not issued yet

Under consideration

No decision has been issued yet. Plota predicted a decision soon after comments close on 24 Jul 2026; it is now day 484.

The consultation period closed on 24 Jul 2026.

Planning committee

Decided by Tunbridge Wells Planning Committee on 30 Sept 2026. The council has not yet issued its decision notice.

Approved unanimously

As officers recommended.

  • Officers advised approving controls over the whole site because they would improve regulation without expanding storage areas.
  • Residents and the parish council raised concerns about noise, traffic, lighting, working hours and the site’s effect on the rural setting.
  • Members unanimously approved the application and replacement legal agreement, with noise, lighting, access, hours and landscaping controls.
Read how the committee decided The proposed agreement, site history, local concerns, officers’ assessment, committee debate, conditions and decision.

Source: Plota analysis of Tunbridge Wells's committee minutes of 30 Sept 2026.

Documents 82

Consultation & comments 73

PDF Commenter’s name hidden Show Neighbour Comments · 28 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 28 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 28 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 14 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 10 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 9 Sept 2026 View ↗
PDF Environmental Protection Consultee Comment · 7 Sept 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 24 Aug 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 24 Aug 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 24 Aug 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 22 Aug 2026 View ↗
PDF Capel Parish Council Consultee Comment · 28 Jul 2026 View ↗ PDF Capel Parish Council - Amended comments Consultee Comment · 28 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 25 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 24 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 23 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 22 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 22 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 22 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 21 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 21 Jul 2026 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 8 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 7 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 6 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show External Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 5 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show External Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show External Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 4 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 3 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 1 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 1 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 1 Aug 2025 View ↗
PDF Commenter’s name hidden Show Neighbour Comments · 1 Aug 2025 View ↗
PDF Capel Parish Council Consultee Comment · 29 Jul 2025 View ↗ PDF Environmental Protection Consultee Comment · 23 Jul 2025 View ↗

All documents on the council site ↗

Site constraints 4

Green belt: London
Inappropriate development needs very special circumstances.
Green belt policy allows a short list of exceptions, such as limited extensions and replacement buildings. Anything else needs very special circumstances that clearly outweigh the harm. Some green belt land can count as grey belt, where it does not strongly serve the green belt's purposes. The council decides this in its green belt assessment or on each application, so we do not mark it here.
Read the government guidance ↗
Agricultural land, grade 3a
Best and most versatile land (grades 1, 2 and 3a). Source: the Predictive Agricultural Land Classification Map (Defra and Natural England, 2025; the Welsh Government's Predictive ALC Map 2 in Wales), a model rather than a site survey. Natural England's Provisional ALC map (1:250,000, 1970s) agrees.
Where development of farmland is needed, policy prefers poorer land over the best and most versatile (grades 1, 2 and 3a). Three sources: Natural England's post-1988 field surveys, which are definitive where they exist; the Defra predictive map for England (2025) and the Welsh Government predictive map, modelled from the soil map with 3a and 3b split; and the 1970s provisional map, which planners and other services still show, coarser and with grade 3 undivided. Where the provisional and predicted grades disagree, treat the predicted grade as the current estimate and expect an application to carry its own survey.
Habitat network: Network Enhancement Zone 1
Where habitat is joined up enough to work as a network. Context, not a constraint on its own.
National landscape 81 m away: High Weald
Outside the landscape; its setting can still be raised.
Previously an area of outstanding natural beauty, which is still the designation in law. Since 2023 authorities must seek to further its purpose, not merely have regard to it.
Not affected
Outside flood zones 2 and 3 · No listed building at the site · No scheduled monument at the site

Checked on 16 October 2026. Historic England, the Environment Agency, Natural England and council datasets, Open Government Licence. A boundary can run through a site and the council holds the definitive record: confirm with the council before relying on this.

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Important details

Application type
Modify Section 106 Agreement
Postcode
TN12 6FA
Received
1 Jul 2025
Validated
1 Jul 2025
Ward
Pembury And Capel
Parish
Capel Parish Council
Case officer
Show
Target decision
26 Aug 2025
Decision level
Committee Decision
Applicant
Show
Agent
Dowsett Mayhew Planning Partnership Ltd

Decision outlook

Day 484, past the statutory target. 65% of section 106 and planning obligations in Tunbridge Wells are decided within thirteen weeks; extensions of time are common, and the council need not decide on the day. Last seen undecided on 26 Oct 2026.

Day 484428 days past the 56-day target
45%decided within 8 weeks
92%approved
1,655decided in the last year

Plota live figures for section 106 and planning obligations decided across the UK in the last twelve months, from validation; too few recent section 106 and planning obligations in Tunbridge Wells to go on. Tunbridge Wells decision record →

Consultation & key dates

Comments by
24 Jul 2026
Site or press notice
3 Jul 2026
Statutory expiry
26 Aug 2025
Env. assessment
No
Tunbridge Wells
Planning Authority Score
8.7/10
Excellent
#13 of 296 councils
Relevant to this application:
Householder decisions

Tunbridge Wells is one of the fastest councils in England for householder decisions, ranking #26 out of 296. Only 25% of applications have the time limit extended, well below the 41% national average - the council usually decides on time. Householder applications are slightly more likely to be approved here (96%) than the national average (90%).

Among the fastest councils in England
for householder decisions
These figures are council-wide context, not a prediction for this application. View full council performance
Tunbridge Wells decision statistics
Based on MHCLG data, the year to March 2026
93%
Overall approval rate
Above avg (87%) #69 of 296
96%
Householder approved
Above avg (90%) #63 of 296
84%
Decided in 8 weeks
Above avg (63%) #26 of 296
25%
Extended time limit
Below avg (41%) #32 of 296
85%
Minor dwellings approved
150 decided (1-9 homes)
82%
Major dwellings approved
11 decided (10+ homes)
96%
Change of use approved
47 decided
1,178
Total decisions
83 refused in the year to March 2026