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Planning appeal decision

Dismissed8 December 20223296394

The Olde Piggery, Eight Acre Lane, Three Oaks Guestling, East Sussex, TN35 4NL

the erection of a new eco dwelling, conversion of piggery building into garage & workshop, along with associated parking, landscaping and general site features that promote a high level of ecological interest - change of use class from agricultural to residential

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Redford R

Main issues, as the Inspector framed them

  • Whether the appeal site is suitable for the proposed development, having regard to relevant national and development plan policies relating to the countryside
  • Whether the proposal would conserve and enhance the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty (AONB)

What decided it

The adverse impacts of poor accessibility and high car dependency, which would significantly and demonstrably outweigh the limited housing and economic benefits, particularly given the conflict with sustainable transport policies.

The benefits of housing delivery and small economic gains were outweighed by the significant harm arising from poor accessibility and car dependency contrary to sustainable transport policies, notwithstanding the absence of AONB harm.

Framework references: 11, 60, 69, 80, 92, 104, 110, 176

Plan policies cited: CSLP Policy RA3, CSLP Policy RA3(v), CSLP Policy OSS4, CSLP Policy EN1, CSLP Policy EN3, Development and Site Allocation Local Plan Policy DEN1, Development and Site Allocation Local Plan Policy DEN2

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; City and Country Bramshill Ltd v SSHLG and others [2021] EWCA Civ 320

Read the decision letter on the Inspectorate’s site

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.