After a Public Inquiry in August lasting several days, we are delighted that the Planning Inspector, Frances Mahoney, has dismissed the appeal by Bellway Homes to build 65 homes on the meadows to the east Lavenders Road, adjacent to Malling Abbey, upholding the decision of Tonbridge and Malling to refuse permission.

The Inspector considered ‘… the overriding main issue in this decision to be whether the proposed development would preserve or enhance the character or appearance of West Malling Conservation Area, and whether it would preserve the setting and architectural and historic interest of the nearby listed buildings, including, in particular, but not exclusively, those designated and non-designated heritage assets of St Mary’s Abbey.’

She held that the appeal site contributed to the Abbey’s heritage significance, with the sense that the Abbey is the ‘pivotal dominating presence in the Town. She found that the occupation by, and way of life of, the order of Nuns at the Abbey are a component part of the significance of the heritage asset. She considered the impact of the scheme on the ‘inherent sense of peace within the Abbey…’ and which is ‘…an essential part of the ecclesiastic way of life of the Convent’.

The Inspector could not be certain that the impacts arising from use of open space on the appeal site could be ‘designed out’ such that it would not disrupt the tranquillity within the Abbey which she accepted existed, and which was described so eloquently by Mother Mary David at the Inquiry. To diminish this tranquillity would impact on the Abbey’s significance in a negative way the Inspector found.

The Inspector also considered that the character of the immediate setting to the east of the Abbey remains firmly rural and that this also contributes to the Abbey’s significance. She considered that ‘…the distinctive tree-lined highway approach, where the canopies create a leaf-laden tunnel drawing the eye up towards the Abbey and the Georgian extremities of the Town, are an essential part of the character of the Conservation Area, as well as to the setting and significance of the Abbey’, with the Town edge clearly discernible. In order to create the necessary access to the appeal site the tree-lined bank on the south side of Swan Street would need substantial regrading, and with the necessity to remove trees the Inspector found that this would ‘…decimate the green, verdant, sylvan approach to the Town along Swan Street…’ and that this would not, in any way, preserve or enhance the character or appearance of the Conservation Area but would erode the rural character and setting of the Abbey.

Overall, while the Inspector found that the harm caused would be less than substantial she held that it would be at the highest end of that bracket and this could not be outweighed by any public benefits of the development.

Residents across West Malling and East Malling will surely be delighted and relieved in equal measure with the outcome. We would like to congratulate all those who played their part in presenting evidence to the Inquiry to enable the Inspector to reach her informed conclusion. The Parish Councils of West Malling, and East Malling & Larkfield, along with the Protect West Malling campaign group, were at the forefront of the local campaign to support the Borough Council in persuading the Inspector to uphold the refusal of permission, ensuring that residents were fully engaged and informed about the appeal process and were able to get involved, raising substantial funds along the way to support the process. So many people came along on the first day of the Inquiry that more room needed to be found, and many people took the opportunity on that first morning to address the Inspector, including members of the Protect West Malling group, East Malling Conservation Group and ordinary residents who wished to express their views and concerns. We reserve a special mention for Mother Mary David who gave compelling evidence as a witness and was subjected to cross-examination but remained steadfast.

Well done to everyone. An excellent outcome!

If you would like to view the full decision you’ll find it here on the Planning Inspectorate’s website.

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