®Planning appeal decision
Benham Cottage Woodmans Green Road, Whatlington, Battle, TN33 0NU
Planning appeal 3285269 at Benham Cottage Woodmans Green Road, Whatlington, Battle, TN33 0NU (Rother District Council) was allowed on 19 August 2022 by Inspector Parker C, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would be in a suitable location, with particular reference to policies concerned with housing in rural areas and the accessibility of services and facilities.
‘Construction of a detached dwellinghouse, gardens, parking and use of existing access to A21- resubmission of RR/2020/836’
- Authority
- Rother District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Parker C
- Postcode
- TN33 0NU
Main issues, as the Inspector framed them
- Whether the proposed development would be in a suitable location, with particular reference to policies concerned with housing in rural areas and the accessibility of services and facilities
- The effect of the proposed development on the character and appearance of the area, including the High Weald Area of Outstanding Natural Beauty
What decided it
The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance under NPPF paragraph 11(d), and the modest housing delivery benefit outweighed the limited to moderate harms from the conflict with development plan policies and sustainability concerns.
The adverse impacts of the proposal (conflict with rural housing policies and moderate harm from poor accessibility to services) to which limited to moderate weight was afforded did not significantly and demonstrably outweigh the benefits (modest housing supply boost and limited local economic benefits) to which limited to moderate weight was afforded, permitting the development despite conflict with the development plan.
What the Inspector cited
- Development plan policies
- Policy OSS2Policy OSS3Policy RA3Policy DIM2Policy TR3Policy OSS4Policy BA1Policy EN1Policy EN3Policy DEN1Policy DEN2Policy DHG7Policy SRM2Policy DHG4Policy DRM1
- National Planning Policy Framework
- Paragraph 11Paragraph 56Paragraph 60Paragraph 80Paragraph 105
- Judgments
- City and Country Bramshill Limited v SoS HCLG & Ors [2021] EWCA Civ 320; Braintree District Council v SoS for CLG & Ors [2018] EWCA Civ 610
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.