Dropped kerb access at 2A Sherwood Road, Royal Tunbridge Wells

What was proposed

The application sought a certificate confirming that a 2.8-metre access and dropped kerb could serve the existing parking area without planning permission.

“2A Sherwood Road is a link-detached dwellinghouse within a residential area of Tunbridge Wells, close to the junction with Sandhurst Road. It was originally built as a single storey annexe pursuant to the 1990 permission above. Following a 2023 permission and many years use as a separate dwelling, the building was extended to include a first floor. There is a hard surfaced parking area to the front which is accessed from Sherwood Road.”

“The application seeks a Certificate of Lawful Proposed Development (CLD) for the creation of a 2.8m wide access and dropped kerb from the highway to serve the existing parking area. The applicant is seeking confirmation that these works can be carried out under permitted development and do not require planning permission.”

Officer report

Earlier site history

The building began as a permitted single-storey annexe, later had permission for changes and extension, and had previously been involved in a refused conversion application.

“Single storey extension to form self- contained annexe Granted 31/10/90 97/00361/FUL Conversion of existing house & annexe to two dwelling houses Refused (appeal dismissed) 16/05/97 23/02599/FULL”

Officer report

What officers recommended

Officers recommended granting the certificate because the proposed dropped kerb complies with permitted development requirements and the relevant rights remain intact.

“This application is for a Lawful Development Certificate (Proposed) to determine whether or not the access and works to install a dropped kerb amount to permitted development pursuant to the Town and Country Planning (General Permitted Development) Order 2015 (as amended) and therefore does not require planning permission. Normal planning considerations concerning highway safety, residential amenity, or visual impact are not determinative matters.”

“The formation of the access and dropped kerb will need to be assessed against the criteria as set out under Class B, Part 2, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Permitted development rights for this type of development are intact on this property.”

Officer report

Consultation and other approvals

Consultation was not legally required; a separate highway licence from KCC would be needed for works across the public pavement.

“Class B – means of access to a highway Criteria met? B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part). Complies (carried out in connection with hardstanding already laid under Class F). Sherwood Road is not a classified road.”

“A separate application will be required to KCC Highways to construct the vehicular crossover across the pavement. This is because it forms part of the public highway. Landowners wishing to gain access from the public highway are required to apply for a licence to drop the kerb from KCC.”

Officer report

Who spoke

A planning officer presented the application, and no speakers registered to address the committee.

Committee discussion

Members raised no questions or debate and were satisfied that the report covered the relevant planning considerations.

“- There were no questions or debate raised.”

“Decision/voting – On the basis that members were satisfied that all relevant planning considerations had been covered within the report, a motion was proposed by Councillor Digby, seconded by Councillor Johnson and a vote was taken to approve the application in line with the officer recommendation.”

Minutes

The decision

The application was granted because the proposed dropped kerb is permitted development under Class B, Part 2, Schedule 2.

“RESOLVED – That application PLA357/26 be granted for the following reason:”

“The proposed dropped kerb is permitted development by virtue of Class B, Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).”

Minutes