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Planning appeal decision

Dismissed11 February 20223263484

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

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.

Framework references: 11, 56, 79, 105, 174, 176, 200, 202

Plan policies cited: Policy EN1 of the Rother Local Plan Core Strategy 2014, Policy OSS4 of the Rother Local Plan Core Strategy 2014, Policy RA2 of the Rother Local Plan Core Strategy 2014, Policy RA3 of the Rother Local Plan Core Strategy 2014, Policy OSS2 of the Rother Local Plan Core Strategy 2014, Policy OSS3 of the Rother Local Plan Core Strategy 2014, Policy TR3 of the Rother Local Plan Core Strategy 2014, Policy DEN1 of the Development and Site Allocations Local Plan 2019, Policy DEN2 of the Development and Site Allocations Local Plan 2019, Policy DIM2 of the Development and Site Allocations Local Plan 2019

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.