®Planning appeal decision
Mill Corner Stables New Road, Northiam, RYE, TN31 6HR
Construction of an 'Earth House' comprising an Eco- Dwelling in conjunction with associated rural business, incorporating conversion of Stables into therapy and treatment rooms and a permaculture and smallholding business
- Authority
- Rother District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- McCreery D
Main issues, as the Inspector framed them
- Whether the establishment of a dwelling on the site would accord with planning policy that governs the location of new housing development
- The effect on the character and appearance of the area, in particular whether the proposal would conserve and enhance the landscape and scenic beauty of the AONB and the setting of nearby heritage assets
- Whether users of the development would be overly reliant on the private motor car and the need to travel
- The suitability of the location for a therapy clinic and treatment room use when regard is paid to development plan policy relating to rural employment uses
- Affordable housing provision
- Whether paragraph 80 of the Framework is relevant
What decided it
The proposal's conflict with housing location policy and unacceptable effects on the landscape and scenic beauty of the AONB, which attracts great weight under paragraph 176 of the Framework and statutory duties under the Countryside and Rights of Way Act 2000, could not be outweighed by the scheme's sustainability and economic benefits.
The benefits of high sustainability standards, economic benefits to the rural economy, and ecological enhancements were outweighed by the conflict with development plan housing location policies and the unacceptable effects on the character and appearance of the AONB, which attracts great weight in the planning balance.
Framework references: 11, 80, 105, 176
Plan policies cited: Policy OSS2, Policy OSS3, Policy OSS4(iii), Policy RA1, Policy RA2, Policy RA2(vii), Policy RA3, Policy RA3(i), Policy RA3(ii), Policy RA3(iii), Policy RA3(v), Policy EN1, Policy EN2, Policy DIM2, Policy DEN1, Policy DEN2, Policy DHG1(iv)(a), Policy SRM1(vii), Policy TR3
Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2017] EWHC 2743 (Admin); [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.