Tunbridge Wells and Rusthall Commons - Legal, planning and policy constraints
Tunbridge Wells and Rusthall Commons are registered common land under their own Acts of Parliament with rights of Public Access that predates the Countryside and Rights of Way Act 2000 (Section 15 Land) crossed by numerous recorded Public Rights of way.
- Acts of Parliament and Bylaws
- Rusthall Manor Act, 1739
- Rusthall Manor Act, 1863
- Tunbridge Wells Improvement Act, 1890
- 1890 Bylaws
- County of Kent Act 1981
Designations and Policies
| Constraint | Evidence Source | Legislative / Policy Basis |
|---|---|---|
| Wood pasture & parkland (Priority Habitat) | Nautral England PHI (MAGIC) | NERC Act
2006 s.41; NPPF Natural Environment; TWBC LP EN10 |
| Deciduous woodland (Priority Habitat) |
Natural England PHI (MAGIC) NERC Act | NERC Act
2006 s.41; NPPF Natural Environment; TWBC LP EN10 |
| Site of Special Scientific Interest (Rusthall Common) | Natural England SSSI (MAGIC) |
Wildlife and Countryside Act (1981); NPPF Natural Environment; TWBC LP EN10 |
| Local Wildlife Site | Tunbridge Wells Borough Local Plan | NPPF
Natural Environment; TWBC LP EN10 |
| Green Belt | Tunbridge Wells Borough Local Plan | NPPF
Green Belt; TWBC LP STR 9 |
| Conservation Area | Tunbridge Wells Borough Local Plan | NPPF
Historic Environment: TWBC LP EN4 |
| Sports Pitches | Tunbridge Wells Borough Local Plan | NPPF
Promoting healthy and safe communities; TWBC LP OSSR1 |
Local Plan Policies
| Policy | Title | Brief explanation |
|---|---|---|
| EN10 | Protection of Designated Sites and Habitats | Protects internationally, nationally, and locally designated biodiversity sites. Development harming these sites or their supporting habitats is resisted unless there are exceptional reasons, no alternatives, and full mitigation/compensation is secured. |
| OSSR 1 | Retention of Open Space, Sport and Recreation | Safeguards existing open space and recreational land. Loss is only permitted where land is surplus, replaced with equivalent or better provision, or where wider public benefits clearly outweigh the loss. |
| EN4 | Historic Environment, including Heritage Assets | Requires conservation and enhancement of heritage assets and their settings (e.g. conservation areas, listed buildings). Harm must be avoided or clearly justified and outweighed by public benefits. |
| STR 9 | Metropolitan Green Belt | Protects the Green Belt from inappropriate development to preserve openness, prevent sprawl and coalescence, and maintain countryside setting. Only nationally compliant development is supported unless very special circumstances are demonstrated. |
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AONB Setting - Relevant Policies and Constraints
Although the Commons are outside the High Weald National Landscape (the designated Area of Outstanding Natural Beauty) it is within the setting of the designated area and within a common National Landscape Character Area and so consideration needs to be given to any likely effects on the designated landscape and this is covered in policy and guidance:
- Section 85, Countryside and Rights of Way Act 2000 Statutory duty on the Council to have regard to conserving and enhancing natural beauty where land outside the AONB affects it.
- NPPF Paragraph 172 (now 176) Great weight to conserving and enhancing landscape and scenic beauty in AONBs (relevant to decisions affecting their setting).
- NPPG Paragraph 039 Development in the setting of AONBs must be sensitively handled where it affects views, landscape character, or perceptual qualities (e.g. tranquillity, dark skies).
- Tunbridge Wells Draft Local Plan - Policy EN21 All development affecting the setting of the High Weald AONB must conserve and enhance its landscape and scenic beauty, with regard to the AONB Management Plan.
- Tunbridge Wells Core Strategy (2010) - Core Policy 4: Environment Requires conservation and enhancement of landscapes, protection of heritage settings, and use of Landscape Character Assessment.
- High Weald AONB Management Plan - Definition of Setting Setting includes land outside the AONB that affects views into/out of it, landscape character continuity, and perceptual qualities.
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