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Notice upheld10 November 20213269636

Hurstview, Netherfield, Battle, East Sussex, TN33 9PP

Planning appeal 3269636 at Hurstview, Netherfield, Battle, East Sussex, TN33 9PP (Rother District Council) was dismissed on 10 November 2021 by Inspector Perrins R, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b).

without planning permission, the carrying out of engineering operations to create a hard surfaced area within the Land in the approximate position shown coloured blue on the attached plan

Authority
Rother District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Perrins R

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
  • Whether the hard surfaced area was substantially completed more than 4 years before the date of the enforcement notice and thus benefits from lawful development (ground d)

What decided it

The appellants failed to submit any corroborated evidence to establish what the track consisted of in 2015 or how it was constructed, and did not dispute the Council's evidence that substantial engineering works involving mechanical diggers and imported materials were carried out in January 2021.

The decision letter

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More decisions in Rother District Council

The authority’s record since 2016 · every decision in 2021

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  5. Notice varied and upheld22 June 20263351367
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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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