Landowner to appeal?
The planning department at Tunbridge Wells Borough Council turned down Mr Bowman’s application to construct a track from the public footpath in the High Woods to the meadow area below the Chestnut Coppice. This decision was made on 28 June 2017.
Subsequently, an enforcement notice will be issued by the Council stating that the landowner has 28 days to remove the hardcore from the area and remove the earth bunds to the sides of the tracks. The landowner also needs to submit a plan for the replanting of trees that have been destroyed in the process. Issuing the notice should take 2 – 3 weeks. The landowner has the right to appeal the enforcement notice.
As the landowner has indicated that he intends to appeal the planning application decision and the enforcement notice, the enforcement notice will not become live until a decision is made regarding the appeals. The site inspector will make a decision on both appeals.
If the appeal is successful, Mr Bowman will be able to construct the road as planned and the enforcement notice will be invalid. However, should the Planning Inspector agree with the council’s decision, then the enforcement notice will become live, subject to any alterations by the inspector. If the landowner fails to remove the hardcore and earth bunds, then the council will need to take legal action against him to enforce the notice. We will keep you abreast of any developments and will submit any comments to the Planning Inspector, as may be appropriate at the time.
Unfortunately, this whole process can take up to a year before a final decision is made and we know the outcome of the appeal. We will have to live with the woodland in its current state for the foreseeable future.
We would ask that members remain vigilant and let us know if you see any further works being carried out in the Woods. Please let us know as soon as possible, that we may pass the information onto the council. Thank you for helping us get this far.