Development management
Development Management is a statutory decision-making function, responsible for the granting and refusing of planning permission for development and enforcing against breaches of planning control. It is an enabling function to achieve welldesigned homes, places of work, and important infrastructure such as new transport facilities and schools.
Planning Applications
Where applicable, planning applications should be accompanied by a document setting out what consultation has been carried out by the applicant, including details of public involvement and how this might have influenced the planning application proposals.
Once an application has been submitted, validated and entered onto the Planning Register, the consultation process will commence and representations will be invited in accordance with the relevant legislation (Article 13 of the Town and Country Planning (Development Management Procedures) (England) Order 2010 as amended). These requirements vary according to the type of development proposed and any particular designations applicable to the application site.
Planning applications are public documents and can be viewed on the Council’s website. In addition, the Council publishes a weekly list of planning applications received. This is also published on the Council’s website and can be viewed in person at the Council’s offices by prior appointment.
All planning application decisions are published on the Council’s website along with the reasons for the decision. All comments received on an individual planning application, including those from statutory consultees, are posted on the Council’s website as soon as possible after they are received.
Applications can be inspected at any time on the website, as well as via public access computers during normal office hours at the following premises:
- Gibson Building, Gibson Drive, Kings Hill, ME19 4LZ
- Tonbridge Castle, Castle Street, Tonbridge, TN9 1BG
If you have an interest in a particular area, application or site history, you can set up an account on our website and receive relevant email updates by selecting your area of interest or the 'track' option. A Weekly List of all applications is produced and is available on the website.
The statutory publicity for planning applications is undertaken by the notification of adjoining neighbours and where relevant the posting of a yellow ‘Planning Notice’ on or adjoining each application site. The posting of a notice is intended to advise immediate neighbours and the public generally of a current application. The initial statutory period of notification is 21 days. The requirements are different for EiA’s (see below).
Environmental Impact Assessment Consultation Procedures
The process of Environmental Impact Assessment (EiA) in the context of town and country planning in England is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the ‘2017 Regulations’). These regulations apply to development which is given planning permission under Part III of the Town and Country Planning Act 1990.
The aim of EiA is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision-making process.
The Environmental Statement (and the application for development to which it relates) must be publicised electronically and by public notice. The statutory consultation bodies and the public must be given an opportunity to give their views about the proposed development and the Environmental Statement.
The planning application and the Environmental Statement should be publicised in accordance with the procedures set out in article 15 and article 16 of, and Schedule 3 to the Town and Country Planning (Development Management Procedure) (England) Order 2015. Schedule 3 to the Order contains the appropriate form for the notices to be published in the local press and posted on site, which must:
- state that a copy of the Environmental Statement is included in the documents which will be open to inspection by the public and give the address where the documents can be inspected free of charge
- give an address in the locality where copies of the Environmental Statement may be obtained
- state that a copy may be obtained at that address while stocks last and the amount of any charge to be made for supplying a copy
- give details of a website maintained by or on behalf of the authority on which the environmental statement and the other documents have been made available; and
- state the latest date by which any written representations about the application should be made to the local planning authority (being a date not less than 30 days later than the date on which the notice is published).
Copies of the Environmental Statement and the application must be sent to those consultation bodies that have not received one directly from the applicant.
Any particular persons or bodies (including non-governmental organisations promoting environmental protection) whom the local planning authority is aware are likely to be affected by, or have an interest in, the application, but are unlikely to become aware of it through a site notice or local advertisement, should be sent equivalent information to that publicised in the newspaper notice, so that they may obtain a copy of the Environmental Statement and comment or make representations if they wish.
The local planning authority must send a copy of the Environmental Statement and planning application to the Secretary of State within 14 days of receipt. The Environmental Statement must be placed on Part I of the planning register, as should any related screening or scoping opinion or direction as soon as possible after publication.
Permitted Development
‘Permitted development rights’ cover certain types of work which do not need planning permission. It is legislated by The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). The Order sets out the circumstances under which permitted development does, or does not, apply. Prior Approval is required to be obtained first from the Council.
Permitted development rights do not apply to flats, maisonettes or other buildings. Furthermore, commercial properties have different permitted development rights, and rights are more restricted in Conservation Areas and Areas of Outstanding Natural Beauty.
Planning Performance Agreements
Planning Performance Agreements (PPA’s) were proposed in the Planning White Paper (2007) as a means of speeding up the delivery of large-scale applications. They provide a framework for dealing with large scale planning applications in a collaborative way. Where used by prior agreement with the Council, the applicant must ensure that all pre-application community consultation is meaningful and relevant. The Council will also consult as part of the formal planning application process.
Pre-Application Advice
The Council has a long-standing practise of encouraging developers to discuss their proposals with planning officers prior to submitting an application. This helps to confirm whether the principle of development is acceptable and to clarify the format, type and level of detail required to enable the Council to determine an application. Pre-application advice is currently provided on request and is subject to a fee, which will vary in scale, depending on the type of development proposed and the officer time required. More information on the Council’s charging regime and the level of information required to enable the Council to provide a detailed response is available on the TMBC website.
In many cases, the Council encourages applicants to enter into early engagement at the appropriate level with the local community and other interested parties as advocated by the National Planning Policy Framework (NPPF) (updated July 2021).
Planning Committee
TMBC has three area planning committees. Each committee has been appointed to make decisions on planning applications and related matters and exercise all functions of the council as the Local Planning Authority relating to their respective wards as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000) except where recommended for approval in fundamental conflict with the plans and strategies which together comprise the Development Plan.
Whilst the determination of a planning application is not a ‘quasi-judicial’ process, it is a formal administrative process involving the application of policies with reference to legislation/case law.
The Council’s constitution sets out that planning applications will be determined under authority delegated to the DPHEH unless in certain prescribed circumstances, including (inter alia) where a Member for the relevant Ward in which the application site falls, may require that the application be determined by the relevant Area Planning Committee. Further details are set out in the Development Management Officer Protocol.
To be able to speak at meetings of the planning committee, representors need to submit a formal comment to Planning Services at least two days before the meeting and register with Democratic Services by 5pm on the day before the meeting.
Those wishing to speak can email committee.services@tmbc.gov.uk who will be able to offer further guidance on the rules for public speaking.
Area 1 Planning Committee is for functions relating to town and country planning and development control for the Wards of Cage Green; Castle; Hadlow (that part within the parish of Hadlow); Higham; Hildenborough; Judd; Medway; Trench and Vauxhall.
Area 2 Planning Committee is for functions relating to town and country planning and development control for the Wards of Birling; Borough Green and Long Mill; Downs and Mereworth; East Peckham; Kings Hill; Leybourne and Ryarsh; Wateringbury; West Malling and Leybourne; West Peckham; Wrotham, Ightham and Stansted.
Area 3 Planning Committee is for functions relating to town and country planning and development control for the Wards of Aylesford North and Walderslade; Aylesford South; Burham and Wouldham; Ditton; East Malling; Larkfield North; Larkfield South; Snodland East and Ham Hill; and Snodland West and Holborough Lakes.
Planning Appeals
You can appeal a planning decision if either:
- you disagree with it
- the decision was not made within eight weeks (13 weeks for a major development, such as 10 or more dwellings or a building of more than 1,000 square metres) or 16 weeks for EiA development
Applicants have the right to appeal against a refusal of a planning application or against any conditions imposed by the Council, or if the Council does not make a decision on an application within the statutory time frame. There are no provisions for third parties, including objectors, to appeal against a decision.
Find out how to appeal to the planning inspectorate against a planning decision on www.gov.uk. The appeals process is managed by the Planning Inspectorate, in accordance with their published procedural guidelines. An appeal may be determined by written representations, an informal hearing or a public inquiry. Appeals determined by written representations involve an exchange of statements and may include a site visit by the Inspector. Informal hearings are a discussion between parties, chaired by an Inspector. Public inquiries are much more formal with parties usually using legal representation, and are often used for major planning application proposals.
In accordance with the national tree preservation legislation, trees can benefit from statutory protection by inclusion within a Tree Preservation Order (TPO) and/or by virtue of standing within a designated Conservation Area.
Tree matters
Trees included within a TPO
TPOs can be issued by Local Planning Authorities and are made to protect trees that are of public amenity value. All types of tree, but not hedges, bushes or shrubs can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. A TPO is a written order, which makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or destroy a tree protected by that order, or to cause or permit such actions, without the authority’s permission.
In accordance with the legislation treatment of tree(s) which are included within a TPO requires the prior formal consent of the LPA (Tonbridge and Malling Borough Council). An application to undertake treatment to TPO tree(s) has an eight week target date (starting from the date on which the complete valid application was received by the LPA).
Applications to discharge conditions imposed as part of a TPO tree work consent (e.g. requiring details of proposed replacement planting) also have an eight week target date.
Trees that are not included within a TPO, but benefit from Conservation Area protection
Trees in a Conservation Area that are not protected by an Order (TPO) are protected by the provisions in section 211 of the Town and Country Planning Act 1990.
In accordance with the legislation where a tree is standing within a designated Conservation Area (but not included within a TPO) anyone wishing to undertake treatment to that tree should give the LPA six weeks’ prior written Notice of the Intended tree work. Such written notice (known as a s211 Notice of Intent) has a six week statutory time period (starting from the date on which the complete valid Notice of Intent was received by the LPA).
Please note the legislation does include some specific exemptions from the usual application/six week notification procedures (such as for works to a tree which is completely dead). Where an exemption applies the LPA’s consent to carry out works is not needed, but written notice of those works may need to be given to the LPA in accordance with the legislation. If the LPA receives clear evidence/subsequently becomes aware that proposed work subject of an application/notification benefits from exemption provisions/does not require the consent of the LPA we will advise the applicant/agent accordingly.
National guidance and information regarding TPOs and trees in conservation areas can be found in the National Planning Practice Guidance.
Publication/notification of tree work applications and notices
As tree works are not development, the requirements of article 15 of the Development Management Procedure Order (as amended) do not apply to tree work applications and notices. However, details of tree work applications and notices that have been received by TMBC appear on the Council’s website and can be viewed by using the search facility.
Applications for work to TPO trees/the discharge of conditions imposed as part of aTPO tree work consent and Notices of Intent for work to trees benefitting solely from Conservation Area protection will appear on the Planning weekly list (which can also be accessed by using the link above, the list for a particular week remains visible on the website for twelve weeks). As noted above s211 Notices of Intent have a statutory time period which the LPA cannot amend, or extend and any representations about tree work that is subject of a such a Notice should be made in sufficient time so that such comments can be taken into account before the expiry of the six week period.
In addition, for applications to undertake treatment to TPO trees the Council will usually undertake further public consultation by sending written notification to neighbouring properties (those with a boundary that abuts the application site, or - where there is a large site which has many adjacent properties - those with a boundary that abuts the application site closest to the subject trees). The Council may, if deemed appropriate for the specific TPO tree work application, undertake alternative/wider consultation which could include putting up a site notice or sending out further letters of consultation.
Planning enforcement
Local planning authorities have the power to take enforcement action against inappropriate development or breach of planning conditions. The Council will always attempt to negotiate a solution with concerned parties first but, should this not be possible, formal enforcement action may be taken. Action could be taken by the issuing of:
- An enforcement notice
- A stop notice
- A temporary stop notice
- A breach of condition notice
If the breach is serious or of an urgent nature, an injunction may be sought.