®Planning appeal decision
Benham Cottage Woodmans Green Road, Whatlington, BATTLE, TN33 0NU
‘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
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.
Framework references: 11, 56, 60, 80, 105
Plan policies cited: Policy OSS2, Policy OSS3, Policy RA3, Policy DIM2, Policy TR3, Policy OSS4, Policy BA1, Policy EN1, Policy EN3, Policy DEN1, Policy DEN2, Policy DHG7, Policy SRM2, Policy DHG4, Policy DRM1
Judgments cited: 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
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.