®Planning appeal decision
The Great Barn, Briar House Farm, Dewlands Lane, Rotherfield , East Sussex , TN6 3RU
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
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.
Judgments cited: Murrell v SSCLG [2010] EWCA Civ 1367; Keenan v SSCLG & Woking BC [2017] EWCA Civ 438
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.