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Planning appeal decision

Dismissed14 November 20223281371

Brede Valley Farm, Frymans Lane, Brede, Rye, east Sussex, TN31 6HA

the erection of agricultural dwelling

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Other minor developments
Inspector
Wilson L

Main issues, as the Inspector framed them

  • Whether there is an essential need for a dwelling to accommodate a rural worker, having regard to the financial soundness of the enterprise
  • The effect of the proposed development on the character and appearance of the area, having regard to the landscape and scenic beauty and dark night sky of the High Weald Area of Outstanding Natural Beauty (AONB)

What decided it

The enterprise's financial variability meant there was no clear prospect of it remaining financially sound, so an essential need for a rural worker's dwelling was not established, and this combined with harm to the AONB led to dismissal.

The other matters raised and benefits of the proposal did not outweigh the harm identified in relation to essential need and to the character, appearance and dark night sky of the AONB.

Framework references: 80, 174, 176, 185

Plan policies cited: Policy RA3, Policy OSS3, Policy OSS4, Policy RA2, Policy EN1, Policy DEN1, Policy DEN2

Judgments cited: Jarmain v SSETR & Welwyn Hatfield DC [2000] EWCA Civ 126; [2000] JPL 1063

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.