Valuing Tunbridge Wells & Rusthall Commons and other Key Facts
Valuing The Commons
Putting a monetary valuation of the Commons is extremely difficult.
The Friends have undertaken a range of exercises which indicate a reasonable value of approximately £1 million. This has been reflected in our bid for the Commons, although we have indicated, based on the pledges received, that we would be prepared to bid in excess of this figure.
The valuation placed on the Commons by Targetfollow is more than treble this amount. The factors that Targetfollow have quoted in their sales literature, justifying a higher value, include the following:
1. Potential income from development of the Upper Pantiles Car Park: this has a close to zero chance of being achieved because of the Village Green protections, which supplement existing statutory protections.
2. Potential income from charging 900 residents around the Commons for access to their own properties. This has already been attempted with, we understand, minimal financial success, and at the cost of much distress for the residents.
3. Potential income from selling to property developers a means of offsetting, via the Commons, their biodiversity requirements on building works elsewhere. This has little applicability because the Commons have been managed for biodiversity improvement since the 1990s. Additionally, the implementation requirements are uneconomic and far too onerous (e.g. 30 years monitoring): the Commons Conservators have already rejected one such application on these grounds.
4. Potential value of the “Lord of the Manor of Rusthall” title. The only practical significance of this title is that it carries with it the right to appoint four Conservators. The title itself has very little financial value. Lordship titles can be bought on the internet relatively cheaply, so few people are likely to want to pay for the title alone without the land.
Based on our research and discussions, we believe that all of these projected sources of income are notional and unlikely. As such we believe that they carry little or no value.
The value of the Commons lies in its value to the community. It offers a historic and beautiful place of tranquillity and peace in the centre of the town, and a place for leisure activities, recreation, and the enjoyment of nature.
As such, it is priceless.
Key Facts about the Sale of the Commons
Tunbridge Wells and Rusthall Commons are a protected village green with significant statutory protections and long-established public rights of access and enjoyment.
The rest of this page summarises some of the key legal and practical considerations relevant to ownership. It is intended as a factual overview only.
1. Statutory protection and village green status
The Commons are:
- Registered village greens under the Commons Act 2006
- Registered village greens protected by the Inclosure Act 1857 and Commons Act 1876
- Subject to the County of Kent Act 1981
- Governed by historic local legislation including the Tunbridge Wells Improvement Act 1890
- Subject to local byelaws
Village green status provides particularly strong protection. It is a criminal offence to build on or enclose a village green or undertake works that interrupt its use for recreation.
These statutory protections exist to preserve the Commons for public enjoyment and conservation rather than commercial development.
2. Development and deregistration constraints
Works that prevent or impede public access typically require Section 38 consent from the Secretary of State, even where planning permission exists.
Removal of land from the commons register requires a Section 16 application, which must demonstrate:
- Public interest benefit
- Protection of neighbourhood interests
- Suitable exchange land of equal advantage
- No harm to conservation or access rights
Such applications are subject to detailed scrutiny and are not routinely granted.
Development potential should therefore be considered within the context of these statutory controls.
3. Planning, environmental and policy constraints
The Commons are subject to multiple overlapping planning and environmental designations including:
- Site of Special Scientific Interest (Rusthall Common)
- Local Wildlife Sites
- Priority habitats including woodland and wood pasture
- Metropolitan Green Belt
- Conservation Area
- Public open space protection policies
- Location within the setting of the High Weald National Landscape (AONB)
Relevant planning policies typically resist development affecting such land unless exceptional circumstances can be demonstrated.
These layered designations may materially affect assumptions regarding development or commercial use.
Additional planning controls (Article 4 Direction)
A Non-Immediate Article 4 Direction was made by Tunbridge Wells Borough Council in April 2026 removing permitted development rights for the use of land as a caravan site on Tunbridge Wells Common (effective 31st May 2026).
This means that planning permission is required for any such use, where it might otherwise have been permitted development.
This reflects the Council’s intention to retain planning control over changes of use affecting the Commons.
4. Biodiversity Net Gain (BNG) considerations
While the Commons may appear suitable for BNG schemes, practical and legal constraints may affect viability.
These include:
- Village green protections
- Public access requirements
- Habitat protections
- Regulatory consent requirements
- Long-term monitoring obligations
- Ongoing management costs
A recent commercial BNG proposal within the last few years affecting part of the Commons was reviewed by the Commons Conservators but not progressed due to the costs of surveys, legal agreements, monitoring and long-term management obligations relative to expected income.
Any BNG proposal would therefore require careful legal and financial assessment before assumptions of viability could be made.
5. Governance and statutory management duties
The Commons are managed by the Tunbridge Wells and Rusthall Commons Conservators under the County of Kent Act 1981.
Their statutory duty is to: maintain and preserve the Commons and keep them free from encroachment.
This framework prioritises conservation and public benefit rather than income generation.
6. Asset of Community Value (ACV) status
The Commons were listed as an Asset of Community Value (ACV) in July 2024.
This recognises their importance to the social wellbeing and recreational life of the community and gives community groups a statutory right to bid if the land is offered for sale.
7. Ownership responsibilities
Ownership involves fulfilling 4 of the 12 conservator roles, which brings ongoing stewardship responsibilities including:
- Public safety and risk management
- Tree and land management
- Infrastructure maintenance
- Habitat conservation
- Public liability obligations
- Engagement with regulators and stakeholders
Ownership should be considered long-term stewardship rather than passive landholding.
Key legislation and policy framework
- Commons Act 2006
- Inclosure Act 1857
- Commons Act 1876
- County of Kent Act 1981
- Tunbridge Wells Improvement Act 1890
- Wildlife and Countryside Act 1981
- NERC Act 2006
- National Planning Policy Framework
- Tunbridge Wells Local Plan