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Planning appeal decision

Split Decision22 December 20223285807

Wallsend House, Richmond Road, Pevensey Bay, BN24 6AU

roof extension to form two bedroom flat, and change of use of existing office to one bedroom flat

Authority
Wealden District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Redford R

Main issues, as the Inspector framed them

  • whether the proposed development would be a flood risk in regard to the relevant policies

What decided it

The proposed roof extension failed the sequential test because the appellant did not demonstrate that the appeal site was the most appropriate location for new residential development in a high flood risk area when sequentially preferable sites in lower risk areas were available.

Although the Council cannot demonstrate a 5-year housing land supply and Paragraph 11(d) of the Framework would normally indicate permission should be granted, areas at risk of flooding are protected areas of particular importance, and the proposed roof extension's failure to comply with flood risk policy provides a clear reason for refusal that engages the exception to the presumption in favour of development.

Framework references: 11, 159, 162, 164, 165, 167, 168

Plan policies cited: CSLP objective SPO10, WLP Policy EN1

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.