®Planning appeal decision
Fir Tree Cottage, Netherfield Hill, Battle, East Sussex, TN33 9PP
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.
Framework references: 176, 180
Plan policies cited: Policy RA2, Policy RA3(v), Policy OSS4(iii), Policy EN1(i)(vii), Policy DEN1, Policy DEN2, Policy EN5, Policy PC1, Policy OSS3(v), Policy LHN6(iii), Policy TR3, Policy LHN5, Policy BEX3, Policy BEX3c, Policy GYP1
Judgments cited: AZ v SSCLG & South Gloucestershire DC [2012] EWHC 3660 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.