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Allowed18 May 20223273162

Upper Morgay Wood Junction Road, Staplecross, Robertsbridge, TN32 5SH

Planning appeal 3273162 at Upper Morgay Wood Junction Road, Staplecross, Robertsbridge, TN32 5SH (Rother District Council) was allowed on 18 May 2022 by Inspector Woodwards O, following a hearing. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area, including the effect on the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty (the AONB).

the demolition of the existing dwelling and agricultural buildings and erection of replacement dwelling, new ancillary building and associated works, including extension to residential curtilage

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Woodwards O
Postcode
TN32 5SH

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area, including the effect on the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty (the AONB)

What decided it

The outstanding and innovative design of the replacement dwelling and its careful siting within the valley meant the proposal protected the character and appearance of the area and the AONB, and the accumulated benefits outweighed the limited harm identified.

The many benefits, including outstanding design, enhancement of ancient woodland habitat, biodiversity net gain and economic benefits, outweighed the moderate harm from future occupants' reliance on the car

What the Inspector cited

Development plan policies
Policy DHG12Policy DEN1Policy DEN2Policy OSS4(iii)Policy RA2(viii)Policy RA3(v)Policy EN1(i)Policy DHG8Policy DEN4Policy DRM1Policy DHG4
National Planning Policy Framework
Paragraph 11Paragraph 174Paragraph 176Paragraph 180Paragraph 134Paragraph 81
Judgments
[2021] EWCA Civ 74

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.

See how each was applied

The decision letter

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More decisions in Rother District Council

The authority’s record since 2016 · every decision in 2022

  1. Dismissed22 October 20266015532
    65 Westfield Lane, St Leonards on Sea, TN37 7NF
  2. Dismissed14 October 20266007775
    Land Adjacent to Broadlawns, Whitebread Lane, Beckley, TN31 6TY
  3. Dismissed12 October 20266010105
    Upper Morgay Wood, Junction Road, Staplecross, TN32 5SH
  4. Dismissed22 September 20266008634
    Barn House, Warren Road, Fairlight, TN35 4AN
  5. Allowed21 September 20266009677
    Black Cottage, Henley Down, Catsfield, TN33 9BN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.