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Dismissed11 February 20223263484

Church Field South West of St Mary Magdalen Church, Whatlington Road, Whatlington

Planning appeal 3263484 at Church Field South West of St Mary Magdalen Church, Whatlington Road, Whatlington (Rother District Council) was dismissed on 11 February 2022 by Inspector Parker C, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the High Weald Area of Outstanding Natural Beauty (AONB).

Construction of a church car park and erection of a detached dwelling, land southwest of St Mary Magdalen Church, Whatlington

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Parker C

Main issues, as the Inspector framed them

  • The effect of the proposed development on the High Weald Area of Outstanding Natural Beauty (AONB)
  • The effect of the proposal on the setting of the Grade II* listed building; St Mary Magdalen Church
  • Whether the proposal represents a sustainable form of development with regard to settlement boundaries and accessibility to services

What decided it

The unacceptable adverse effect on the High Weald AONB and less than substantial harm to the setting of the Grade II* listed church, which provide clear reasons for refusal under NPPF paragraph 11(d)(i) notwithstanding the absence of a five-year housing land supply.

The benefits of housing delivery and the enabling development argument for funding a church car park were outweighed by the harm to the AONB and the setting of the listed heritage asset, and the absence of enforceable mechanisms to secure the public benefits claimed.

What the Inspector cited

Development plan policies
Policy EN1 of the Rother Local Plan Core Strategy 2014Policy OSS4 of the Rother Local Plan Core Strategy 2014Policy RA2 of the Rother Local Plan Core Strategy 2014Policy RA3 of the Rother Local Plan Core Strategy 2014Policy OSS2 of the Rother Local Plan Core Strategy 2014Policy OSS3 of the Rother Local Plan Core Strategy 2014Policy TR3 of the Rother Local Plan Core Strategy 2014Policy DEN1 of the Development and Site Allocations Local Plan 2019Policy DEN2 of the Development and Site Allocations Local Plan 2019Policy DIM2 of the Development and Site Allocations Local Plan 2019
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 79Paragraph 105Paragraph 174Paragraph 176Paragraph 200Paragraph 202

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.

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The decision letter

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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.

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