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Dismissed19 December 20223294724

Mill Corner Stables New Road, Northiam, Rye, TN31 6HR

Planning appeal 3294724 at Mill Corner Stables New Road, Northiam, Rye, TN31 6HR (Rother District Council) was dismissed on 19 December 2022 by Inspector McCreery D, by written representations. The main issue, as the Inspector framed it: Whether the establishment of a dwelling on the site would accord with planning policy that governs the location of new housing development.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
McCreery D
Postcode
TN31 6HR

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.

What the Inspector cited

Development plan policies
Policy OSS2Policy OSS3Policy OSS4(iii)Policy RA1Policy RA2Policy RA2(vii)Policy RA3Policy RA3(i)Policy RA3(ii)Policy RA3(iii)Policy RA3(v)Policy EN1Policy EN2Policy DIM2Policy DEN1Policy DEN2Policy DHG1(iv)(a)Policy SRM1(vii)Policy TR3
National Planning Policy Framework
Paragraph 11Paragraph 80Paragraph 105Paragraph 176
Judgments
Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2017] EWHC 2743 (Admin); [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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.