The Great Barn, Briar House Farm, Dewlands Lane, Rotherfield , East Sussex , TN6 3RU

Planning appeal 3266366 at The Great Barn, Briar House Farm, Dewlands Lane, Rotherfield , East Sussex , TN6 3RU (Wealden District Council) was allowed on 21 December 2021 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: whether prior approval is deemed to have been granted by reason of the timing of the Council's decision.

Conversion of part of the barn not exceeding 302.3 sqm to a D2 use. Works to include new partitions to interior to divide the space

Authority: Wealden District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Other minor developments
Inspector: Douglas L
Postcode: TN6 3RU

Main issues, as the Inspector framed them

whether prior approval is deemed to have been granted by reason of the timing of the Council's decision
if prior approval is not deemed to have been granted, whether the proposal can be considered to comply with the description of permitted development
if the proposal does comply with the description of permitted development, whether prior approval as to the transport and highways, and noise impacts of the proposal are required

What decided it

The Council failed to notify the appellant of its decision within the prescribed 56-day period, with the deadline expiring on 3 November 2020 and the Council's decision notice issued on 23 November 2020, therefore prior approval is deemed to have been granted.

What the Inspector cited

Judgments: Murrell v SSCLG [2010] EWCA Civ 1367; Keenan v SSCLG & Woking BC [2017] EWCA Civ 438

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 authority’s record since 2016 · every decision in 2021

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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.