Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld10 November 20213261419

Fir Tree Cottage, Netherfield Hill, Battle, East Sussex, TN33 9PP

Planning appeal 3261419 at Fir Tree Cottage, Netherfield Hill, Battle, East Sussex, TN33 9PP (Rother District Council) was dismissed on 10 November 2021 by Inspector Perrins R, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area, designated as an Area of Outstanding Natural Beauty (AONB).

without planning permission, the material change of use of the land from agricultural use to a mixed use of agriculture and the stationing of caravans for residential purposes (“the Unauthorised Change of Use”) together with associated works

Authority
Rother District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Perrins R

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area, designated as an Area of Outstanding Natural Beauty (AONB)
  • The effect upon the adjacent Ancient Woodland
  • Whether the appeal site is situated within a sustainable location

What decided it

The unacceptable harm to the AONB and adjacent ancient woodland was not clearly outweighed by the personal circumstances of the occupiers or the claimed lack of alternative sites.

The significant harm to the AONB and ancient woodland, together with moderate harm from the unsustainable location and limited harm from intentional unauthorised development, was not clearly outweighed by the moderate weight given to the best interests of the children and personal circumstances, so the balance fell against the development.

What the Inspector cited

Development plan policies
Policy RA2Policy RA3(v)Policy OSS4(iii)Policy EN1(i)(vii)Policy DEN1Policy DEN2Policy EN5Policy PC1Policy OSS3(v)Policy LHN6(iii)Policy TR3Policy LHN5Policy BEX3Policy BEX3cPolicy GYP1
National Planning Policy Framework
Paragraph 176Paragraph 180
Judgments
AZ v SSCLG & South Gloucestershire DC [2012] EWHC 3660 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

14 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Rother District Council

The authority’s record since 2016 · every decision in 2021

  1. Allowed21 August 20263352368
    The Barn, Woodmans Rest, Bluemans Lane, Westfield, TN33 0SE
  2. Quashed On Legal Grounds13 July 20263351398
    Sowdens Gate Wood , Udimore Road , Udimore, East Sussex, TN31 6BG
  3. Notice varied and upheld13 July 20263350405
    Chestnut Wood, Udimore Road, Broad Oak, Rye, East Sussex, TN31 6EU
  4. Notice upheld24 June 20263353014
    Glebelands, Potmans Lane, Catsfield, East Sussex, TN33 9BH
  5. Notice varied and upheld22 June 20263351367
    Land at Bois De Saussac, Udimore Road , Udimore, Rye, Easy Sussex, TN31 6BG

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.